Sleeping car companies.1

These companies pay an annual license tax of $100 per car, the aggregate sum paid by any one company not to exceed $5,000.

OHIO.

CONSTITUTIONAL PROVISIONS.

State aid.―The State shall never contract any debt for purposes of internal improvement. (Art. XII, sec. 6.)

The State shall never lend its credit to nor subscribe to stock in any association or corporation. (Art. VIII, sec. 4.)

The State shall not assume the debts of any corporation. (Art. VIII, sec. 5.) Uniform tax on property.—All property shall be taxed according to a uniform rule at its true cash value. (Art. XII, sec. 2.)

Corporations.-Corporate property shall forever be taxed like the property of individuals. (Art. XIII, sec. 4.)

Local aid. The general assembly shall never authorize any local division to raise money or loan its credit in aid of any association or corporation, or become a stockholder therein. (Art. VIII, sec. 6.)

Railroad companies.2

STATUTE PROVISIONS.

Listing, valuation, etc.-The auditors of the various counties are constituted a board of appraisers for railroads. The various companies make annual returns of property and upon request are required to submit books, records, etc.

Upon the basis of this information all property of operation, moneys, and credits are assessed upon a pro-rata mileage basis. The valuation thus determined is apportioned among the counties for the computation and collection of the tax. Excise tax.-Railroads are required to pay the State an annual excise tax of one-half of 1 per cent on gross earnings from business done in the State, including a mileage proportion of interstate receipts.

Local taxation.-Real estate not in the right of way is locally assessed and taxed.

There is also a local tax on the values apportioned by the State. Telegraph, telephone, and express companies.3

assessors.

The property of these companies is valued by the State board of appraisers and In determining this valuation capital stock and earning capacity are duly considered. The value of real estate locally assessed and taxed is deducted, and the remaining valuation is prorated on a mileage basis among the counties for the computation and collection of the tax.

Telegraph and telephone companies are required to pay the same “excise tax“ as railroad companies.1

Express companies are required to pay an excise tax of 2 per cent on gross receipts from business done in the State.

Freight line and equipment, and sleeping car companies.5

These companies are required to pay an annual tax to the State upon the actual value of their capital stock, representing capital and property owned and used in the State. This value is determined on a pro-rata mileage basis and deduction is made for real estate locally assessed and taxed.

OKLAHOMA.

STATUTE PROVISIONS.

Railroad companies."

Listing, valuation, etc.-Railroad companies are required to make annual reports to the Territory. All property of operation, moneys, and credits are assessed at their actual cash value by the board of railroad assessors, who are empowered also to examine corporation books and records, and to summon wit

nesses, etc. The valuation determined upon its apportioned among the counties for the computation and collection of the tax. Cars used by a railroad but not owned by it are listed against the company to which they belong.

Local taxation.-Real estate not in the right of way is locally assessed and taxed. There is also a local tax on the values apportioned by the State.

Telegraph and telephone companies.1

These companies are locally assessed on their property, returns of which they are required to make to both the auditor of the Territory and to the county clerks.

OREGON.

CONSTITUTIONAL PROVISIONS.

State aid.-The State shall not subscribe to stock in any company or corporation. (Art. IX, sec. 6.)

Uniform tax on property.-There shall be a uniform rate of assessment and taxation. All property shall be taxed at its just value. (Art. IX, sec. 7.)

Local aid.-No local district shall become a stockholder in any corporation or company, or raise money for or loan its credit in aid of any individual, association, or corporation. (Art. XI, sec. 9.)

Transportation companies.2

STATUTE PROVISIONS.

Transportation companies generally are assessed and taxed on their property in the same manner as individuals.

Railroad rolling stock, including all cars hired or leased, is annually reported by the managing officers of railroads at their places of business, and is apportioned among the counties on a pro-rata mileage basis. Rolling stock engaged in interstate business is assessed on a pro-rata mileage portion.

PENNSYLVANIA.

CONSTITUTIONAL PROVISIONS.

Release from taxation.-The power of the State to tax corporations and corporate property shall not be surrendered or suspended. (Art. ÎX, sec. 3.)

State aid.-The credit of the Commonwealth shall not be pledged or loaned to any individual or company, nor shall the Commonwealth become a stockholder in any company. (Art. IX, sec. 6.)

No obligation of any railroad or other corporation, held by the Commonwealth, shall be postponed or diminished in any way. (Art. III, sec. 24.)

Uniform taxation.-All taxes shall be uniform on the same class of subjects and shall be levied and collected under general laws. (Art. IX, sec. 1.)

Reports, etc., of transportation companies.-In addition to the annual reports required of transportation companies, the secretary of internal affairs may require special reports. (Art. XVII, sec. 11.)

Local aid.-No local district shall become a stockholder in any company nor loan its credit to, nor appropriate money for, any company or individual. (Art. IX, sec. 7.)

STATUTE PROVISIONS.

All transportation and transmission companies.

State taxation.-All corporations in the State are required to make annual reports to the State. They are taxed at the rate of one-half of 1 per cent on the actual value of their capital stock. This, according to judicial interpretation, is a tax on property, franchise, assets, and earning capacity. Companies doing an interstate business are taxed only on a mileage proportion of their capital stock." These companies also pay a tax of two-fifths of 1 per cent on the value of bonds issued by them and held by residents of the State. The tax is paid out of the interest on the bonds, so that when no interest is paid no tax is paid.4

1 Statutes of Oklahoma (1893), p. 1043.

2 Hill's Annotated Laws of Oregon (1892), pp. 1281-1284.

3 Pamphlet laws of 1891, p. 229, and of 1893, p. 353.

Pamphlet laws of 1895, p. 193.

These companies also pay a tax of four-fifths of 1 per cent on gross receipts from business done wholly in the State.'

Express companies are subject in addition to an annual excise tax on gross earnings from business done in the State, including a mileage proportion of interstate receipts. The rate is 1 per cent when receipts are $100 per mile or under. 2 per cent when receipts are between $100 and $150 per mile, then 1 per cent additional for each $50 additional receipts per mile until the rate reaches the maximum of 5 per cent.?

Local taxation.-Transportation property not necessary for operating purposes is locally assessed and taxed.

The New York, Lake Erie and Western Railroad Company, in addition to the regular taxes, annually pays the State $10,000 for the privilege of maintaining a portion of its road through Pike and Susquehanna counties.3

RHODE ISLAND.

CONSTITUTIONAL PROVISIONS.

State aid.-The credit of the State shall not be pledged in aid of any individual, association, or corporation. (Art. IV, sec. 13.)

A two-thirds vote of both houses shall be necessary to every bill appropriating public money or property for private purposes. (Art. IV, sec. 14.)

Taxation.-The general assembly shall provide for the assessment of taxes as it may think best.

Railroad companies.

STATUTE PROVISIONS.

Railroad companies are taxed on their property in the same manner as individ uals. No express provision is made for railroad taxation in the law of the State. Telegraph, telephone, and express companies.1

These companies are required to make annual returns of their gross receipts from business done in the State. A tax of 1 per cent is levied on these receipts, to be paid into the State treasury in lieu of all other taxes on property of operation.

SOUTH CAROLINA.

CONSTITUTIONAL PROVISIONS.

Uniform tax on property.-There shall be a uniform and equal rate of assessment and taxation. All property shall be taxed at its just value. (Art. IX, sec. 1.) Corporations.-The property of corporations shall be subject to taxation. (Art. XII, sec. 1.)

Railroad companies."

STATUTE PROVISIONS.

Listing, valuation, etc.-Railroad companies are required annually to list with the_controller-general of the State their entire property of operation, moneys, credits, etc. Annual reports are made also to the county auditors of property within the various counties. The controller-general is empowered to examine corporation books, papers, etc. A valuation is set upon the property as listed by the State board of assessors, and the valuation thus determined is apportioned among the counties for the computation and collection of the tax.

Local taxation.-Railroad real estate not in the right of way is locally assessed and taxed. There is also a local tax on the values apportioned by the State. Telegraph, telephone, palace-car, express, and fast-freight companies,"

These companies are taxed on a property valuation determined by the State board of assessors in much the same manner as railroads.

SOUTH DAKOTA.

CONSTITUTIONAL PROVISIONS.

Release from taxation.-The power to tax corporations and corporate property shall never be surrendered or suspended. (Art. XI, sec. 3.)

1 Pamphlet laws of 1889, p. 420.

2 Pamphlet laws of 1897, p. 294.

3 Pamphlet laws of 1846, p. 179.

4 General Laws of Rhode Island (1896), pp. 133-134. Revised Statutes of South Carolina (1893), pp. 96-97. Laws of 1898, No. 441.

State aid.-The State shall not make donation to, loan its credit to, or assume the liability of any individual, association, or corporation, or subscribe to stock in any association or corporation. (Art. XIII, sec. 1.)

Uniform tax on property-Corporations. All taxes shall be uniform on all property. Corporate property shall be assessed and taxed as near as may be like individual property. (Art. XI, sec. 2.)

Railroad reports.—Railroad companies shall make annual reports to the State as by law prescribed. (Art. XVII, sec. 12.)

Local aid.-No local division shall make any donation to, loan its credit to, or assume the liability of any individual, association, or corporation, nor subscribe to stock in any association or corporation. (Art. XIII, sec. 1.)

Railroad companies.

STATUTE PROVISIONS.

Listing, valuation, etc.-Railroad companies make annual reports to the State board of assessment and equalization of their earnings and property of operation. On the basis of these returns a valuation is reached, taking into consideration gross and net earnings, and is apportioned among the counties for the computation and collection of the tax.

Local taxation.-All railroad property other than that of operation is locally assessed and taxed. There is also a local tax on the values apportioned by the State. Telegraph and telephone compan

These companies make annual returns to the State board of assessment and equalization, and are taxed on their property as valued by that board. The tax is paid directly into the State treasury. Each county is subsequently allotted its share of the proceeds of the tax.

Express and sleeping-car companie

These companies make annual returns to the State auditor. They are assessed on their property by the State board of equalization and assessment. The gross earnings for the year are taken into account in determining the valuation. The tax is paid into the State treasury. Each county is subsequently allotted its share of the proceeds of the tax.

TENNESSEE.

CONSTITUTIONAL PROVISIONS.

Internal improvement.-A well-regulated system of internal improvement ought to be encouraged by the General Assembly. (Art. XI, sec. 10.)

State aid.-The credit of the State shall not be loaned in aid of any individual, association, or corporation, nor shall the State become a stockholder in any association or corporation. (Art. II, sec. 31.)

No State bonds shall be issued to any railroad company which, at the time of its application for such, shall be in default of interest on past issues to it, or which has disposed of any past issues to it for less than par. (Art. II, sec. 33.)

Uniform tax on property.-All property shall be taxed uniformly according to its value, as the legislature shall direct. (Art. II, sec. 28.)

Local aid.-No local division shall loan its credit to any individual, association, or corporation, nor take stock in any association or corporation, except by threefourths vote of the people. (Art. II, sec. 29.)

Railroad companies.1

STATUTE PROVISIONS.

Listing, valuation, etc.-Railroad companies file annual schedules of property, stock, indebtedness, and earnings with the State railroad commission, by whom a valuation is set upon railroad property, with due regard for franchises, stock, bonds, and earnings. The valuation thus determined is examined by the State board of equalization and certified to the State controller. The taxes are paid into the State treasury.

In reaching a valuation the railroad commission has power to examine corporation books and papers. Railroad property having actual situs is known as localized property, and that having no actual situs is known as distributable property and is valued on a pro rata mileage basis.

1 Annotated South Dakota statutes (1899) secs. 2189-2193.
2 Ibid., secs. 2194-2196.

3 Ibid., secs. 2198-2203.

4 Laws of 1897, chap. 5.

Railroad companies not paying the State ad valorem tax pay an annual tax as follows: Companies controlling or operating 400 miles or more of road pay $10,000 for business done in the State; from 100 to 400 miles, $5,000; from 25 to 100 miles, $1,000; less than 25 miles, $100.1

Local taxation.-Railroad real estate and personalty (having actual situs) are locally assessed and taxed.

Each county through which a railroad runs its lines may levy a tax of $500 against such company, and each incorporated town a tax of $25.

Railroad terminal companies, in counties of 90,000 inhabitants or over, pay a tax of $500; in counties of 70,000 to 90,000 inhabitants, $400, and in counties of 50,000 to 70,000, $300.1

Telegraph and telephone companies.

These companies are assessed and taxed on their property like railroads.

Telegraph companies pay also an annual privilege tax to the State, in lieu of all other State taxes but the ad valorem tax, as follows: Companies sending messages between points in the State, and operating 1,000 miles or more of line within the State, pay a tax of $5,000; from 300 to 1,000 miles, $1,000; from 100 to 300 miles, $300; from 25 to 100 miles, $25.1

Telephone companies annually pay to the State a privilege tax for business done wholly in the State, in lieu of all other State taxes but the ad valorem tax, varying according to the population of the city or town in which it does business from 50 to 75 cents per instrument in use.1

Express and sleeping-car companies.1

Express companies pay an annual privilege tax to the State, in lieu of all other State taxes but the ad valorem tax, as follows: Companies operating over lines 100 miles or under in length, $200 for business done wholly within the State; over 100 miles, $2,000.

Sleeping-car companies are required to pay the State an annual privilege tax of $2,500 in lieu of all State taxes but the ad valorem tax.

TEXAS.

CONSTITUTIONAL PROVISIONS.

Release from taxation.-The power to tax corporations and corporate property shall never be surrendered or suspended. (Art. VIII, sec. 4.)

State aid.-The credit of the State shall never be loaned in aid of any individual, association, or corporation. (Art. III, sec. 50.)

The State shall make no grant of money to any individual, association, or corporation. (Art. III, sec. 51.)

The legislature shall not release the liability of any railroad to the State. (Art. III, sec. 54.)

The legislature shall not release, postpone, or diminish any liability to the State. (Art. III, sec. 55.)

Uniform taxation-Property, license, income, and occupation taxes.-Taxation shall be equal and uniform. All property in the State shall be taxed. The legislature may also impose license and income taxes. (Art. VIII, sec. 1.)

All occupation taxes shall be uniform upon the same class of subjects within the same jurisdiction. (Art. VIII, sec. 2.)

Railroads.-All railroad property shall be assessed in the several counties. Rolling stock may be assessed in gross in the county where a company's principal office is located, the resulting tax to be apportioned by the controller among the counties on a pro rata mileage basis. (Art. VIII, sec. 8.)

Local aid. The legislature shall not authorize any local division to lend its credit or grant money to any individual, association, or corporation, nor to become a stockholder in any association or corporation. (Art. III, sec. 52.) Municipal taxes.-All railroad property shall bear its proportional share of municipal taxation. (Art. VIII, sec. 5.)

Railroad companies.

STATUTE PROVISIONS.

Ad valorem tax.3-Railroad companies pay ad valorem taxes on their franchises and on all property owned by them in the State, each county through which a road runs assessing and collecting the State and county taxes on the number of

1 Laws of 1897, pp. 74–77.

2 Ibid., chap. 5.

3 Revised Statutes of Texas (1895), pp. 1034-1035.