Chap. 141.—An ACT to amend and re-enact sections 27, 28, 29, 30, 31, 34
and 35 of an act entitled an act to raise revenue for the support of
the government and public free schools, and to pay the interest on the
public debt, and to provide a special tax for pensions, as authorized
by section. 189 of the Constitution of Virginia, approved April 16, 1903,
as heretofore amended, and to add a new section thereto hereby desig-
nated as section 2914, providing for a tax on express companies, re-
frigerator, oil, stock, fruit and other car loaning and other car com-
panies operating upon the railroads in this State, except sleeping car,
dining car, drawing-room car and palace car companies. (H. B. 102)

Approved March 18, 1915.

1. Be it enacted by the general assembly of Virginia, That sections
twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-four
and thirty-five of an act entitled an act to raise revenue for the support
of the government and public free schools, and to pay the interest on
the public debt, and to provide a special tax for pensions as authorized
by section one hundred and eighty-nine of the Constitution of Virginia,
approved April sixteenth, nineteen hundred and three, as heretofore
amended, be amended and re-enacted, and that an independent section,
hereby designated as section twenty-nine and one-half, be added thereto,
providing for a tax on express companies, refrigerator, oil, stock, fruit
and other car loaning and other car companies operating upon the rail-
roads in this State, except sleeping car, dining car, drawing room car and
palace car companies, the whole to read as follows:

Section 27. Railway and canal corporations.—Every railway and
canal corporation of this State not exempt from taxation by virtue of its
charter, and every railway and canal corporation incorporated under
the laws of any other State doing business in this State, shall report
annually on or before the fifteenth day of August, to the State corporation
commission all of its real and personal property of every description, as
of the thirtieth day of June preceding, showing particularly in what
county or corporation the principal office or agency of such corporation
is located in this State, and in what county or corporation the principal
office or agency of such corporation is located, and also showing what
parts of such property is located in each school district of such county,
and classifying the same under the following heads:

First: Roadway and track or canal bed.

Second: Depots, depot grounds and lots, station buildings and fix-
tures and machine shops.

Third: Real estate not included in other classes.

Fourth:. Rolling stock, including passenger, freight, cattle or stock,
baggage, mail, express, sleeping, palace and all other cars owned by or
belonging to the corporation, boats, machinery, depot and office furniture
and equipment, houses and appurtenameces occupied by lockgate keepers
and other employees; provided, that foreign railway and canal corpora-
tions doing business in this State shall report and be assessed on the
average amount of rolling stock habitually used by them in this State.

Fifth: Stores. ,

Sixth: Telegraph lines.
Seventh: Stock, bonds and other evidences of debt of other corpora-
tions and individuals, and firms held by such company.

Eighth: Stocks, bonds and other evidences of debt of any person or
corporation belonging to any such company chartered in this State, in
excess of its indebtedness, whether the same be held in trust or otherwise
by some other person, firm or corporation, within or without this State,
which, for the purpose of this act, shall be considered to be located at
the principal office of such company in this State.

Ninth: All other personal property of such company not enumerated
in either of the foregoing heads, which would be taxable under this act if
the same belonged to an individual, including money of the corporation,
derived from actual transportation operations, on deposit with any bank
or other corporation or firm or person, or in the possession or under the
control of the corporation, whether such money be actually in or out of
this State, and if such railway or canal is only in part within this Com-
monwealth, the money to be reported shall be such proportion of the
total money on deposit, derived as aforesaid, as the gross earnings in
Virginia bear to the gross earnings of the system.

Every such corporation shall also report, on or before the fifteenth
day of August of each year, the gross transportation receipts of the rail-
way or canal for the twelve months preceding the thirtieth day of June
of each year, and in all cases the report shall be so made as to give the
data on which the same is made. If such railway or canal is only in
part within the Commonwealth, the report shall show what part is within
the Commonwealth, and what proportion the same bears to the entire
length of the road or canal, and shall apportion the said receipts accord-
ingly. The report herein required shall be verified by the oath of the
president or other proper officer. The State corporation commission
shall, after thirty days’ notice previously given by it to the president,
treasurer, or other proper officer of such corporation, proceed to ascertain
the value of property and the gross transportation receipts so reported,
upon the best and most reliable information that can be procured, and to
this end shall be authorized and empowered to send for persons and
papers. The State corporation commission shall assess upon said property
and gross transportation receipts the taxes imposed thereon by law.

A certified copy of this assessment, when made, shall be immediately
forwarded by the clerk of the State corporation commission, not later
than the fifteenth day of October, to the auditor of public accounts and
to the president or other proper officer of each, railway and canal corpora:-
tion so assessed, whose duty it shall be to pay into the treasury of the
State, on or before the first day of November following, the taxes upor
its property and the franchise tax upon the gross transportation receipts
as shown by said copy of the assessments.

The State corporation commission shall, at such time as it may elect.
on or before the fifteenth day of October of each year, proceed to ascer.
tain and assess the gross transportation receipts of any railway or cana.
corporation which has failed to make the report herein required, anc
shall also assess the value of the property of any such corporation, excep’
its franchise and non-taxable shares of stock issued by other corporations
and owned by it, at a fair cash valuation, upon the best and most reliable
information that can be procured, and to this end shall be authorized
and empowered to send for persons and papers, and said commission
shall assess upon such gross transportation receipts and property the
taxes imposed thereon by law. A certified copy of the assessment when
made shall be immediately forwarded by the clerk of the State corpora-
tion commission to the auditor of public accounts and to the president
or other proper officer of such railway or canal corporation so assessed,
whose duty it shall be to pay into the treasury of the State within thirty
days after receiving said certified copy of the assessment, the taxes upon
its property, and the franchise tax upon its gross transportation receipts
as shown by said copy of the assessment.

Such taxes so assessed, and a penalty in addition thereto of five per
centum thereon, if the said taxes be not paid at the time provided herein,
shall be collected by the treasurer of any county or city in which such
corporation owns property, to whom the auditor may deliver a copy of
the assessment. The treasurer may distrain and sell any personal
property of such corporation, and shall pay the amount of said tax and
penalty into the treasury within one month from the time of delivery
to him of the copy as aforesaid. The roadbed, depot grounds, rolling
stock, tools, oil and other articles used in operating railroads, owned by
mining, lumber and like companies which transport passengers or freight
for other than such owners, shall be assessed by the State corporation
commission in the mode prescribed by this act. All other property of
such mining, lumber and like companies shall be assessed by the com-
missioner of the revenue upon the land and personal property books of
the counties and cities where located. Mining, lumber, and like com-
panies operating railroads to transport passengers or freight for others
shall be construed as in the provision of this section as to all of their
property, except their real estate, not used as a part of their roadbed
or for depot purposes, which shall be assessed by the commissioner of the
revenue in the district or city wherein situated.

It shall be the duty of the State corporation commission to prepare
and furnish to the several corporations required to. make reports under
this section forms for such reports, which said corporations shall use
in making the reports required of them, and any such corporation which
shall fail to make the report hereinbefore required, within the time herein
prescribed, shall be liable to a fine of not less than one hundred dollars
nor more than two hundred and fifty dollars for each day such corpora-
tion may be in default in making such report. The said fine to be im-
posed and judgment entered therefor by the State corporation commis-
sion after thirty days’ notice to any such defaulting corporation to appear
before the said commission and show cause, if any, against the imposition
of such fine, subject to appeal to the supreme court of appeals. It shall
be the duty of the clerk of the State corporation commission to furnish
to the council of every city and town and to the board of supervisors of
every county, and to the treasurer of every county and city, wherein
any property belonging to such corporation is situated, a certified copy
of the assessment made by the State corporation commission of such
corporation’s property, which shall definitely show the character of the
property, its value and location for purposes of taxation in each county,
city, town and school district, so that county, city, town and school
district levies may be laid upon the same; provided, however, that it
shall be the duty of the division superintendent of schools in each county
in which a railway or canal is located and operated to furnish, on or
before the first day of July in each year, to such railway or canal cor-
poration or corporations, the boundaries of each school district of said
county in which any part of such railway or canal and its property is
situated, and a copy of-such boundaries to the clerk of the State cor-
poration commission. Wherever any division superintendent of schools
shall fail to furnish to such railway or canal corporation or corporations
and the clerk of the State corporation commission, the boundaries of
each school district of said county in which any part of such railway or
canal and its property is situated, it shall be the duty of the clerk of
the State corporation commission to notify the judge of the circuit court
of the county wherein such superintendent of school resides, who shall
instruct the grand jury at the next term of the circuit court to ascertain
whether such boundaries have been furnished as required in this act, and
should said grand jury ascertain that such boundaries have not been
furnished, they shall find an indictment against each such division super-
intendent of schools, who shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than twenty-five dollars
nor more than.one hundred dollars for each school district so omitted.

28. Tax on railway and canal corporations.—The State tax on the
rolling stock of all corporations operating railroads by steam doing busi-
ness in this State, so far as the same is taxable in this State, shall be
at the rate of one and three-fifths per cent of the assessed value thereof,
to be applied to the support of the government of this State, and there
shall be no local levies assessed on such rolling stock. |

The State tax on the intangible personal property as assessed in the
section next preceding (other than bonds issued by counties, cities and
towns or other political sub-divisions of this State) owned by every rail-
way and canal corporation, shall be at the rate of sixty-five cents on
every hundred dollars of the assessed value thereof, the proceeds of which
shall be applied to the payment of expenses of the government, and upon
all such intangible personal property there may be local levies at the
rate authorized by law, however, such rate not to exceed thirty cents on
every one hundred dollars of the assessed value thereof, the progeeds of
said local levies to be applied as is provided by law.

The State tax on the money of every railway and canal corporation
shall be twenty cents on every one hundred dollars assessed value thereof,
one-half of which shall be applied to the support of the government and
one-half of which shall be applied to the support of the public free
schools of this State, and there shall be no local levies assessed on such
money.

The State tax on bonds issued by counties, cities and towns or othe!
political subdivisions of this State, owned by every railway and canal
corporation shall be at the rate of thirty-five cents on every one hundred
dollars assessed value thereof, the proceeds of which tax shall be applied
to the payment of the expenses of the government.
The State tax on the real estate, rolling stock (other than the rolling
stock of corporations operating railroads by steam) and tangible per-
sonal property of every railway and canal corporation, shall be at the
rate of ten cents on every one hundred dollars, assessed value thereof,
the proceeds of which shall be applied to the support of the public free
schools of this State, and on such real estate, rolling stock (other than
the rolling stock of corporations operating railroads by steam) and
tangible personal property there shall be local levies at the same rate
or rates as are assessed upon other real estate and tangible personal
property, located in such localities, the proceeds of which local levies shall
be applied as is provided by law.

Every such railway or canal corporation shall pay to the State an
annual State franchise tax, equal to one and one-eighth per centum upon
the gross transportation receipts, hereinafter specified, for the privilege
of exercising its franchises in this State, which, with the taxes herein-
before provided for, shall be in lieu of all taxes or license charges what-
soever, upon the franchises of such corporation and the shares of stock
issued by it, and upon all its property, as hereinbefore provided ; provided,
that nothing herein contained shall exempt such corporation from the
annual fee required by section one hundred and fifty-seven of the Con-
stitution or from assessment for street and other local improvements,
which shall be authorized by law, or from the county, city, town, district
or road levies hereinafter provided for other than a franchise tax; and,
provided, further, that nothing herein contained shall annul or interfere
with, or prevent, any contract or agreement by ordinance between street
railway corporations and municipalities as to compensation for the use
of the streets or alleys of such municipalities by such railway corporations.

The amount of such franchise tax shall be equal to one and one-eighth
per centum of the gross transportation receipts of such corporation for
the year ending June thirtieth of each year, to be ascertained by the
State corporation commission in the following manner:

(a) When the road or canal of the corporation lies wholly within
this State, the tax shall be equal to one and one-eighth per centum of
the entire gross transportation receipts of such corporation.

(b) When the road or canal of the corporation lies partly within
and partly without this State, or is operated as a part of a line or
system extending beyond this State, the tax shall be equal to one and
one eighth per centum of the gross transportation receipts earned within
this State,:to be determiined as follows:

By ascertaining the average gross transportation receipts per mile
over its whole extent within and without this State, and multiplying the
result by the number of miles operated within this State; provided, that
from the sum so ascertained there may be deducted a reasonable sum
because of any excess of value of the terminal facilities or other similaz
advantages situated in other States over similar facilities or advan-
tages situated in this State. ,

The real and personal property (other than the rolling stock o:
corporations operating railroads by steam) of such corporation, and othe
than its franchise, shall be assessed on the valuation fixed by the Stat
corporation commission with county, city, town, district and road levie:
at the same rate as real and personal property of natural persons are
assessed with such levies.

No State tax, county, city, town, district or road levy shall be laid
on the net income of any railway or canal corporation, nor shall any
county, city, town, district or road levy be laid on the gross transpor-
tation receipts of any such company.

All the taxes and levies shall, until paid, be a lien upon the property
within this State of the corporation owning the same, and take precedence
of all other liens or encumbrances.

Any such railway or canal corporation, or the State or any county
or city at the instance of the attorney general for the State or the
Commonwealth’s attorney for any county or city, aggrieved by the
assessment and ascertainment of such taxes, may within thirty days after
receiving a certified copy thereof, apply for relief to the circuit court
of the city of Richmond. Notice of the application setting forth the
grounds of complaint, verified by affidavit if the appeal be taken by any
such railway or canal corporation shall be served on the State corporation
commission, and on the attorney general, whose duty it shall be to repre-
sent the Commonwealth, or, if the appeal be taken by the State or any
county or city, notice of the application, setting forth the grounds of
complaint, shall be served on such railway or canal corporation. If the
court be of opinion that the assessment or tax is excessive, it shall reduce
the same, but if of the opinion that it is insufficient, it shall increase
the same. Unless the applicant paid the taxes under protest when due,
the court, if the decision is adverse to the applicant, shall, in disallowing
the application, give judgment against it for the taxes assessed by the
State corporation commission, and for a sum, by way of damages, equal
to interest at the rate of one per centum per month, upon the amount of
taxes from the time the same were payable. If the decision is in favor
of such railway or canal corporation, in whole or in part, appropriate
relief shall be granted, including the right to: recover any excess of taxes
that may have been paid, with legal interest thereon, and the legally
taxable costs of said application from the State or local authorities, or
both, as the case may be, the judgment to be enforceable by mandamus
or other proper process issuing from the court finally adjudicating the
application. If the decision be in favor of the State or any county or
city, appropriate relief shall be granted and the court shall enforce its
judgments by mandamus or other proper process. . .

The supreme court of appeals may, subject to the provisions of article
six of the Constitution, allow a writ of error to either party.

29. Express companies, refrigerator, oil, stock, fruit and other car
loaning and other car companies, operating upon the railroads in this
State except sleeping car, dining car, drawing room car, and palace car
companies.—A]ll companies doing express business on any railroad, steam-
boat or vessel in this State; all refrigerator, oil, stock, fruit and other
car loaning and other car companies, operating upon the railroads in this
State, except sleeping car, dining car, drawing room car and palace car
companies, shall report annually on or before the first day of September
to the State corporation commission all of its real and personal property
of every description in this State belonging to it on the thirtieth day
yf June preceding, showing particularly in what city, town, county and
school district property is located and classifying the same under the
following heads:

(a) All of its real and personal property of every description in this
State belonging to it on the thirtieth day of June next preceding, show-
ing the cost and present market value of said property.

(b) The total number of miles operated within and without this
State for the year ending June thirtieth next preceding.

(c) The gross receipts from operation entirely within this State, and
if operations are partly within and partly without this State the entire
pross receipts from operation for the year ending June thirtieth next
preceding.

(d) Any and all other information, in such manner and in such
detail as the State corporation commission shall require.

The said State corporation commission shall, after thirty days’ notice
previously given by it to the president or other proper officer, assess the
value of the property of each such companies.

Should any such company fail to make the report required by this
section on or before the first day of September the said State corporation
commission shall, at such time as it may elect, upon the best and most
reliable information that can be procured, assess the value of the property
of said company within this State, and shall ascertain the information
required herein, and in the execution of the duty shall be authorized and
empowered to take testimony, summon and compel the attendance of
witnesses and send for persons and papers.

A certified copy of the assessment.when made shall be immediately
forwarded by the clerk of the State corporation commission to the auditor
of public accounts and to the president or other proper officer of each
such company, and such company shall pay into the treasury of the
State by the first day of December following the taxes assessed against it.

It shall be the duty of the clerk of the State corporation commission
to furnish to the council of every city and town and to the board of
supervisors of every county wherein the property belonging to said com-
pany is situated a certified copy of the assessment made by the
State corporation commission of such companies’ property, which assess-
ment shall definitely show the character of the property, its valie and
location for the purpose of taxation in each city, town, county and dis-
trict, so that city, town, county and district levies may be imposed upon
the same; provided, however, that it shall be the duty of the division
superintendent of schools in each such county in which any express com-
pany, refrigerator, oil, stock, fruit and other car loaning and other car
companies own property, on or before the first day of July in each year
to furnish to such companies the boundaries of the school districts of
said county wherein any such property is situated.

Any such company failing to pay said taxes into the treasury within
the time herein prescribed shall incur a penalty thereon of five per cen.-
tum, which shall be added to the amount of said taxes.

Any such company failing to make the report hereinbefore requirec
within the time herein prescribed shall be liable to a fine of not les:
than twenty-five dollars nor more than one ‘hundred dollars for each
day such company may be in default in making such report, the said fine
to be imposed and judgment entered therefor by the State corporation
commission after thirty days’ notice to any such defaulting corporation
to appear before the said commission and show cause, if any, against the
imposition of such fine, subject to appeal to the supreme court of appeals
of Virginia.

2914. Tax on express companies, refrigerator, oil, stock, fruit and
other car loaning and other car companies, operating upon the railroads
in this State, except sleeping car, dining car, drawing room car and
palace car companies.—Each and every of the said companies doing
business in this State shall, on or before the first. day of December of
each and every year, pay to the State and to the several counties, cities
and towns of the State wherein they may have taxable properties located,
the taxes levied on said property as follows:

(a) The State tax on the intangible personal property (other than
bonds issued by counties, cities and towns or other political subdivisions
of this State) owned by every such company shall be at the rate of sixty-
five cents on every one hundred dollars of the assessed value thereof, the
proceeds of which shall be applied to the expenses of the government, and
upon all such intangible personal property there may be local levies at
the rate authorized by law, however, such rates not to exceed thirty cents
on every one hundred dollars of the assessed value thereof, the proceeds
of said local levies to be applied as is provided by law.

(b) The State tax on the money of every such company shall be
twenty cents on every one hundred dollars assessed value thereof, one-
half of which shall be applied to the support of the government and one-
half of which shall be applied to the support of the public free schools
of this State, and there shall be no local levies assessed on such money.

_ (ce) The State tax on bonds issued by counties, cities and towns or
other political subdivisions of this State, owned by every such company
shall be at the rate of thirty-five cents on every one hundred dollars
assessed value thereof, the proceeds of which tax shall be applied to the
payment of the expenses of the government.

(d) The State tax on the real estate and tangible personal property
of every such company shall be at the rate of ten cents on every one
hundred dollars assessed value thereof the proceeds of which shall be
applied to the support of the public free schools of this State, and on
such real estate and tangible personal property there shall be local levies
at the same rate or rates as are assessed upon other real estate and
tangible personal property located in such localities, the proceeds of which
local levies shall be applied as is provided by law.

(e) Every such company for the privilege of doing business in this
State, in addition to the annual registration fee and the property tax as
herein provided, shall pay an annual license tax as follows:

Said tax shall be equal to the percentages herein fixed upon the gross
receipts from operation of such companies and each of them within this
State. When such companies are operating partly within and partly
without this State, the gross receipts within this State shall be deemed
to be all receipts on business beginning and ending within this State, and
all receipts earned in Virginia on business passing through, into or out of
this State; provided, unless otherwise clearly shown such last mentioned
receipts shall be deemed to be that portion of the total receipts from such
business which the entire mileage over which such business is done bears
to the mileage operated within this State the percentages above mentioned
shall be as follows:

On all companies doing express business within this State one and
one-quarter per centum; on all refrigerator, oil, stock, fruit and other
car loaning and other car companies, except sleeping car, dining car,
drawing room car and palace car companies, four per centum.

The amount of the taxes and license herein imposed shall be in lieu
of all other taxes and licenses, State, county and municipal, upon all the
property, franchises and privileges of said companies.

30. Corporations operating steamboats, steamships or other floating
property for the transportation of passengers or freight.—Each and every
corporation which operates steamships, steamboats or other floating
property for the transportation of passengers or freight, shall report annu-
ally, on or before the first day of September, to the State corporation com-
mission, all of its real and personal property of every description in this
State belonging to it on the thirtieth day of June preceding, showing
particularly in what city, town, county and school district the property is
located, and classifying the same under the following heads:

First: All steamships, steamboats and other floating property, their
machinery and equipments.

Second: All wharves, sheds, offices, stores, docks, machine shops,
granaries, elevators and other buildings.

Third: All real estate and personal property not included in the
foregoing classification.

Kach such corporation shall also give in said report— _

(a) The total number of miles operated within and without this
State for the year ending June thirtieth next preceding; (b) the gross
receipts from operations entirely within this State, and if operations are
partly within and partly without this State the entire gross receipts from
operations for the year ending June thirtieth next preceding; (c) any
and all other information in such manner and in such detail as the State
corporation commission shall require.

The said corporation commission shall, after thirty days’ notice pre-
viously given by it to the president or other proper officer, assess the
value of the property of each of such corporations.

Should any such corporation fail to make the report required by
this section on or before the first day of September, the said corporation
commission, shall at such time as it may elect, upon the best and most
reliable information that can be procured, assess the value of the property
of said company, and shall ascertain the information required herein, and
in the execution of the duty shall be authorized and empowered to send
for persons and papers.

The State corporation commission shall assess upon said property the
taxes imposed thereon by law, and upon said corporations the license tax
imposed by law.
A certified copy of the assessment, when made, shall be immediately
forwarded by the clerk of the State corporation commission to the auditor
of public accounts and to the president or other proper officer of each
such corporation, and such corporation shall pay into the treasury of the
State by the first of December following, the taxes assessed against it.

It shall be the duty of the clerk of the State corporation commission
to furnish to the council of every city and town, and to the board of
supervisors of every county wherein the property belonging to said cor-
poration is situated, a certified copy of the assessment made by the State-
corporation commission of such corporation’s property, which assessment
shall definitely show the character of the property, its value and location
for the purpose of taxation in each city, town, county and district, so
that city, town, county and district levies may be imposed upon the
same; provided, however, that it shall be the duty of the division super-
intendent of schools in each such county in which any such corporations.
owns property, on or before the first day of July in each year, to furnish
to each such corporation the boundaries of the school districts of said
county wherein any such property is situated.

Any such corporation failing to pay said taxes into the treasury
within the time herein prescribed shall incur a penalty thereon of five
per centum, which shall be added to amount of said taxes.

Any such corporation which shall fail to make the report herein-
before required within the time herein prescribed, shall be liable to a fine
of not less than twenty-five dollars nor more than one hundred dollars
for each day such corporation may be in default in making such report.
The said fine shall be imposed and judgment entered therefor by the
said corporation commission after thirty days’ notice to any such de-
faulting corporation, to appear before the said commission and show
cause, if any against the imposition of such fine, subject to appeal to-
the supreme court of appeals of Virginia.

31. Tax on corporations which operate steamships, steamboats or
other floating property for the transportation of passengers or freight.—
The State tax on the intangible personal property (other than bonds is-
sued by counties, cities and towns or other political subdivisions of this
State) owned by corporations which operate steamships, steamboats or
other floating property for the transportation of passengers or freight,
shall be at the rate of sixty-five cents on every hundred dollars of the as-
sessed value thereof, the proceeds of which shall be applied to the expenses
of the government, and upon all such intangible personal property there
may be local levies at the rate authorized by law, however, such rates not
to exceed thirty cents on every one hundred dollars of the assessed value:
thereof, the proceeds of said local levies to be applied as is provided by law.

The State tax on the money of every such company shall be twenty
cents on every one hundred dollars assessed value thereof, one half of
which shall be applied to the support of the government and one half of
which shall be applied to the support of the public free schools of this
State, and there shall be no local levies assessed on such money.

The State tax on bonds issued by counties, cities and towns or other
political subdivisions of this State owned by every such company, shal?
be at the rate of thirty-five cents on every one hundred dollars assessed
value thereof, the proceeds of which tax shall be applied to the payment
of the expenses of the government.

The State tax on the real estate and tangible personal property of
every such company shall be at the rate of ten cents on every one hun-
dred dollars assessed value thereof, the proceeds of which shall be applied
to the support of the public free schools of this State, and on such real
estate and tangible personal property there shall be local levies at the
same rate or rates as are assessed upon other real estate and tangible
property located in such localities, the proceeds of which local levies
shall be applied as is provided by law.

Every such company for the privilege of doing business in this State,
in addition to the annua! registration fee, and property tax, shall pay an
annual State license tax as follows:

Said tax shall be equal to one and one-eighth per cent. upon the gross
receipts from the operation of such companies, and each of them, within
this State. When such companies are operated partly within and partly
without this State, the gross receipts within this State shall be deemed
to be all receipts on business beginning and ending within this State and
all receipts earned in Virginia on business passing through, into or out
of this State; provided that unless otherwise clearly shown such last
mentioned receipts shall be deemed to be that proportion of the total
receipts from such business which the entire line mileage over which
said business is done bears to the mileage operated within this State.

Section 34. Incorporated telegraph and telephone companies.—EKach
incorporated telegraph and telephone company doing business in this
State owning and operating a telegraph or telephone line in this State,
shall report annually, on the first day of September, to the State cor-
poration commission all of its real and personal property of every de-
scription in this State belonging to it on the thirtieth day of June pre-
ceding showing particularly in what corporation, county and school
district the property is located and classify the same under the following
heads : ,

(1) Number of miles of poles or conduits owned or operated by it
within this State on the thirtieth day of June preceding in each county,
city, town and school district. |

(2) Number of miles of wire in excess of one wire in each city,
county; town and school district.

(3) Real and personal property, including the value of the tele-
phone instruments, switchboards, et cetera, and the value of telegraph
instruments, apparatus, et cetera, in each city, county, town or school
district. . |
(4) The gross earnings and receipts in this State for the twelve
months next preceding the thirtieth day of June.

The report herein required shall be certified by the oath of the presi-
dent or other proper officer of the company making the same.

The State corporation commission shall after thirty days’ notice pre-
viously given by it to the president or other proper officer of each of such
companies, incorporated under the laws of this or any other State, assess
the value of the property of said company and assess upon said property
the State taxes imposed by law and shall, also, assess the State license
tax imposed by law upon every such company. Should any such incor-
porated company fail to make such report at the time herein prescribed,
the State corporation commission shall, at such time as it may elect,
upon the best and most reliable information that can be procured, assess
the value of the property of said company and assess upon said property
the taxes imposed by law, and shall also assess the license tax imposed by
law upon every such company, and in the execution of such duty shall
be authorized and empowered to send for persons and papers.

A certified copy of the assessment, when made, shall be immediately
forwarded by the clerk of the State corporation commission to the auditor
of public accounts and to the president or other proper officer of each such
company, and such company shall pay into the treasury of the State by
the first day of December following the taxes assessed against it.

It shall be the duty of the State corporation commission to furnish
to the council of every corporation and to the board of supervisors of
every county, and to every city and county treasurer wherein any property
belonging to any such corporation is situated a certified copy of the
assessment made by the State corporation commission of such company’s
property, which assessment shall definitely show the character of the
property, its value and the location for the purposes of taxation in each
city, town, county and district, so that city, town, county, district and
road levies may be imposed upon the same.

It shall be the duty of the division superintendent of schools in each
county in which any such telegraph or telephone company operating a
telegraph or telephone line owns property, on or before the first day of
July of each year, to furnish such telegraph or telephone company and the
clerk of the State corporation commission, the boundaries of the school
district of said county wherein any such property is situated.

It shall be the duty of the judge of the circuit court for each county,
at the next term of said court after the first day of July in each year, to
instruct the grand jury to inquire into and ascertain whether or not the
division superintendent of schools has furnished the boundaries of each
school district to such telegraph and telephone companies operating in
said county and to the clerk of the corporation commission. If the grand
jury shall find that the division superintendent of schools has not fur-
nished the boundaries of such school district as herein provided, indict-
ments shall be found against him for a misdemeanor, and, upon con-
viction thereof, he shall be fined not less than twenty-five nor more than
one hundred dollars for each school district so omitted.

Any company failing to pay said taxes into the treasury within the
time herein prescribed, shall incur a penalty thereon of five per centum,
which shall be added to the amount of said taxes.

35. Tax on incorporated telegraph and telephone companies owning
or operating telegraph or telephone lines in this State——The State tax
on the intangible personal property (other than bonds issued by counties,
cities and towns or other political subdivisions of this State) owned by
every incorporated telegraph or telephone company owning or operating
telegraph or telephone lines in this State shall be at the rate of sixty-
five cents on every hundred dollars of the assessed value thereof, the
proceeds of which shall be applied to the expenses of the government,
and upon all such intangible personal property there may be local levies
at the rate authorized by law, however, such rates not to exceed thirty
cents on every one hundred dollars of the assessed value thereof, the pro-
ceeds of said local levies to be applied as is provided by law.

The State tax on the money of every incorporated telegraph and
telephone company owning or operating telegraph or telephone lines in
this State shall be twenty cents on every one hundred dollars assessed
value thereof, one-half of which shall be applied to the support of the
government and one-half of which shall be applied to the support of
the public free schools of this State, and there shall be no local levies
assessed on such money.

The State tax on bonds issued by counties, cities and towns or other
political subdivisions of this State, owned by every incorporated telegraph
and telephone company owning or operating telegraph or telephone lines
in this State shall be at the rate of thirty-five cents on every one hun-
dred dollars, assessed value thereof, the proceeds of which tax shall be
applied to the payment of the expenses of the government.

The State tax on the real estate and tangible personal property of
every incorporated telegraph and telephone company owning or operating
telegraph or telephone lines in this State shall be at the rate of ten cents
on every one hundred dollars, assessed value thereof, the proceeds of
which shall be applied to the support of the public free schools of this
State, and on such real estate and tangible personal property there shall
be local levies at the same rate or rates as are assessed upon other real
estate and tangible personal property, located in such localities, the pro-
ceeds of which local levies shall be applied as is provided by law.

2. The provisions of this act affect the revenue of the State for ‘the
current year, therefore an emergency exists, and this act shall be in
force from its passage.