Page images
PDF
EPUB

rates of taxation fixed in this section shall remain in force until changed by the Legislature, three fourths of all the members elected to each of the two houses voting in favor thereof.

The taxes herein provided for shall become a lien on the first Monday in March of each year after the adoption of this section and shall become due and payable on the first Monday in July thereafter. The gross receipts and gross premiums herein mentioned shall be computed for the thirty-first day of December prior to the levy of such taxes and the value of any property mentioned herein shall be fixed as of the first Monday in March. Nothing herein contained shall affect any tax levied or assessed prior to the adoption of this section and all laws in relation to such taxes in force at the time of the adoption of this section shall remain in force until changed by the Legislature. Until the year 1918 the State shall reimburse San Bernardino and Placer counties for the net loss in county revenue occasioned by the withdrawal of railroad property from county taxation. The Legislature shall provide for reimbursement from the general funds of any county to districts therein where loss is occasioned in such districts by the withdrawal from local taxation of property taxed for State purposes only.

(g) No injunction shall ever issue in any suit, action or proceeding in any court against this State or against any officer thereof to prevent or enjoin the collection of any tax levied under the provisions of this section until such tax has been actually paid; but after such payment action may be maintained to recover any tax illegally collected in such manner, and at such time as may now or hereafter be provided by law.

Second. Section ten of article thirteen of said Constitution is hereby amended to read as follows:

Section 10. All property, except as otherwise in this Constitution provided, shall be assessed in the county, city, city and county, town or township, or district in which it is situated, in the manner prescribed by law.

Third. Section ten of article eleven of said Constitution is hereby repealed.

SENATE CONSTITUTIONAL AMENDMENT No. 11.

A resolution to propose to the people of the State of California an amendment to the Constitution of the State of California, providing that a mortgage, deed of trust, contract, or other obligation by which a debt is secured when land is pledged as security for the payment thereof, together with the money represented by such debt, shall be exempt from taxation, and to that end amending section one and repealing section four of article thirteen of the Constitution of the State of California.

[Adopted March 16, 1909.]

The Legislature of the State of California, at its regular session, commencing the fourth day of January, nineteen hundred and nine, two thirds of all the members elected to each of the two houses of said Legislature voting in favor thereof, hereby proposes to the qualified electors of the State of California the following amendment to the Constitution of the State of California:

First. Section one of article thirteen is hereby amended to read as follows:

Section 1. All property in the State except as otherwise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law, or as hereinafter provided. The word "property," as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership; provided, that a mortgage, deed of trust, contract, or other obligation by which a debt is secured when land is pledged as security for the payment thereof, together with the money represented by such debt, shall not be considered property subject to taxation; and further provided, that property used for free public libraries and free museums, growing crops, property used exclusively for public schools, and such as may belong to the United States, this State, or to any county or municipal corporation within this State shall be exempt from taxation. The Legislature may provide, except in the case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this State.

Second. Section four of article thirteen is hereby repealed.

SENATE CONSTITUTIONAL AMENDMENT No. 36.

A resolution to propose to the people of the State of California an amendment to article six, section eight of the Constitution, relating to judges of the Superior Court.

[Adopted March 19, 1909.]

The Legislature of the State of California, at its thirty-eighth regular session, commencing on the 4th day of January, nineteen hundred and nine, two thirds of the members elected to both the Senate and Assembly, respectively, voting therefor, hereby proposes to the people of the State of California that section eight of article six of the Constitution of this State be amended to read as follows:

Section 8. A judge of any Superior Court may hold a Superior Court in any county, at the request of a judge of the Superior Court thereof, and upon the request of the Governor it shall be his duty so to do. But a cause in the Superior Court may be tried by a judge pro tempore, who must be a member of the bar, agreed upon in writing by the parties litigant, or their attorneys of record, and sworn to try the cause, and the person so selected shall be empowered to act in such capacity in all further proceedings in any suit or proceedings tried before him until the final determination thereof. There may be as many sessions of a Superior Court at the same time as there are judges thereof. including any judge or judges acting upon request, or any judge or judges pro tempore. The judgments, orders, acts and proceedings of any session of any Superior Court held by one or more judges acting upon request, or judge or judges pro tempore, shall be equally effective as if the judge or all of the judges of such court presided at such session.

SENATE CONSTITUTIONAL AMENDMENT No. 38.

A resolution to propose to the people of the State of California an amendment to the Constitution of the State of California, by amending section three of Article XI thereof, and relating to the formation of new counties, and altering the boundary lines of existing counties.

[Adopted March 27, 1909.]

The Legislature of the State of California, at its regular session, commencing the 4th day of January, in the year one thou

sand nine hundred and nine, two thirds of all the members elected to each of the houses of said Legislature voting in favor thereof, hereby propose that section three of Article XI of the Constitution of the State of California, be amended so as to read as follows:

Section 3. The Legislature, by general and uniform laws, may provide for the alteration of county boundary lines, and for the formation of new counties; provided, however, that no new county shall be established which shall reduce any county to a population of less than twenty thousand; nor shall a new county be formed containing a less population than eight thousand; nor shall any line thereof pass within five miles of the exterior boundary of the city or town in which the county seat of any county proposed to be divided is situated. Every county which shall be enlarged or created from territory taken from any other county or counties, shall be liable for a just proportion of the existing debts and liabilities of the county or counties from which such territory shall be taken.

SENATE CONSTITUTIONAL AMENDMENT No. 44.

A resolution to propose to the people of the State of California an amendment of the Constitution of the State of California, providing for the classification by the Legislature of cities and towns by population for the purpose of regulating the business of banking, by amending section five, article twelve of the Constitution of the State of California.

[Adopted March 16, 1909.]

The Legislature of the State of California, at its regular session, commencing the fourth day of January, nineteen hundred -and nine, two thirds of all the members elected to each of the two houses of said Legislature voting in favor thereof, hereby proposes to the qualified electors of the State of California the following amendments to the Constitution of the State of California:

First. Section five of article twelve is hereby amended to read as follows:

Section 5. The Legislature shall have no power to pass any act granting any charter for banking purposes, but corporations

or associations may be formed for such purposes under general laws, and the Legislature shall provide for the classification of cities and towns by population for the purpose of regulating the business of banking. No corporation, association, or individual shall issue or put in circulation, as money, anything but the lawful money of the United States.

ASSEMBLY CONSTITUTIONAL AMENDMENT No. 14.

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding a new section thereto to be numbered Section 25 of article one thereof, relating to the right of the people to fish.

[Adopted March 27, 1909.]

The Legislature of the State of California, at its regular session, commencing on the fourth day of January, nineteen hundred and nine, two thirds of all the members elected to each house of said Legislature voting in favor thereof, hereby propose that a new section be added to the Constitution of the State of California to be numbered Section 25 of article one thereof to read as follows:

Section 25. The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries; and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any water containing fish that have been planted therein by the State; provided, that the Legislature may by statute provide for the season when and the conditions under which the different species of fish may be taken.

« PreviousContinue »