outside of this state, making separate statements of that part used in connection with the daily operations of the company, and that part used otherwise if any there be.

12. The total amount of bonded indebtedness and of indebtedness not bonded; the gross receipts for the preceding calendar year from any and all sources, and the gross expenditures for the preceding calendar year.

13. In the case of street, suburban or interurban railroad companies, and railroad companies, such statements shall also give :

(a) The whole length of their lines and the length of so much of their line as is without and is within this state, including branches in and out of the state, which shall include lines and branches such companies control and use under lease or otherwise.

(b) The railway track in each county in the state, through which it runs; giving the whole number of miles of road in the county, including the track and its branches and side and second tracks, switches, and turnouts therein and the true and actual value per mile of such railway in each county, stating the valuation of main track, second or other main tracks, branches, sidings, switches and turnouts, separately.

(c) Such statement as to character, classes, number, amounts, values, locations, ownership or control and use of rolling stock as the commission may require.

(d) The depots, station houses, section houses, freight houses, machine and repair shops and machinery therein, and all other buildings, structures and appendages connected thereto or used therewith, including tool houses, and the tools usually kept therein, together with telegraph and telephone lines owned or used, and the true and actual value of all buildings and structures, and all such machinery, tools and appendages, including such telegraph and telephone lines; and the true and actual value thereof in each county in this state in which it is located.

(e) The gross earnings for the year, including earnings from telegraph lines, which shall be stated separately, on the whole length of the road, including the branches thereof, in and out of the state, and also such earnings within this state on way freight and passengers.

14. In case of pipe line, gas, natural gas, waterworks and heating or cooling companies, such statement shall also show:

(a) The number of miles of pipe line owned, leased or operated within this state, the size or sizes of the pipe composing such line, and the material of which such pipe is made;

(b) If such pipe line be partly within and partly without this state, the whole number of miles thereof within this state and the whole number of miles without this state, including all branches and connecting lines in and out of this state;

(c) The length, size and true and actual value of such pipe line in each county of this state, including in such valuation the main line, branches and connecting lines, and stating the different value of the pipe separately;

(d) Its pumping stations, machine and repair shops and machinery therein, tanks, storage tanks and all other buildings, structures and appendages connected or used therewith, including telegraph and telephone lines and wires, and the true and actual value of all such stations, shops, tanks, buildings, structures, machinery and appendages and of such telegraph and telephone lines, and the true and actual value thereof in each county in this state in which it is located; and the number and value of all tank cars, tanks, barges, boats and barrels. (102 v. 224, § 46.)

Assessment; when made.

SEC. 5423. On the second Monday of June of each year, the commission shall ascertain and assess, at its true value in money, all the property in this state of each such public utility, subject to the provisions of this act, other than express, telegraph and telephone companies. (102 v. 224. § 47.)

This and the following sections are held to be constitutional: 546, 16 C. C. A. 305, 9 O. F. D. 50.

Sanford v. Poe, 69 Fed.

For decisions under former statutes on the subject of the equalization of the property of railroads, see State, ex rel., v. Board of Equalization, 65 O. S. 544.

How assessment shall be made.

SEC. 5424. In determining the value of the property of each such public utility to be assessed and taxed within the state, the commission shall be guided by the value of the property as determined by the information contained in the sworn statements made by the public utility to the commission and such other evidence and rules as will enable it to arrive at the true value in money of the entire property of such public utility within this state. in the proportion which the value of such property bears to the value of the entire property of such public utility. (102 v. 224, § 48.)

Property to be assessed.

SEC. 5425. The property of such public utilities to be so assessed by the commission shall be all the property thereof, as defined in section forty-three [G. C. § 5419] of this act. (102 v. 224, § 49.)

Hearing.

SEC. 5426. Before the assessment of such property each of such public utilities shall have the right, upon written application, to appear before the commission and to be heard in the matter of the valuation of its property for taxation. (102 v. 224, § 50.)

Corrections.

SEC. 5427. Between the date herein fixed for the assessment of the property of any such public utility for taxation by the commission, and the date herein fixed for the certification by it of the apportioned value to the county, or to the several counties as herein provided, the commission may, on the application of such public utility or any person interested therein, or on its own motion, correct the assessment or valuation of its property in such manner as will in its judgment make the valuation thereof just and equal. (102 v. 224, § 51.)

Deductions.

SEC. 5428. The commission shall deduct from the total value of the property of each of such public utilities in this state, as assessed by it, the value of the real property owned by such public utilities, if any there be, as otherwise assessed for taxation in this state, and shall justly and equitably equalize the relative values thereof. (102 v. 224, § 52.)

Valuation of railroad properties.

SEC. 5429. The commission shall ascertain all of the personal property, roadbed, stations, power houses, poles, wires, water and wood stations and real estate necessary to the daily running operations of the road, moneys and credits of each railroad company and each suburban or interurban railroad company, having any line, or road, or part thereof in this state and the undivided profits, reserved or contingent fund of the company, whether in moneys, credits, or in any manner invested, and the actual value thereof in money, and also locomotives, motors and cars not belonging to the company, but hired for its use or run under its control on its road by a sleeping car company or other company. Such rolling stock not belonging to it, but under its control, may be returned by such public utility separate from its own property, and if so returned the commission shall fix the valuation of such property separately, but must include the amount in the aggregate valuation. (102 v. 224, § 53.)

The side tracks of a railroad company, which are in daily use for the loading and unloading of freight, and ground purchased for the purpose of establishing a connection track with another railroad, do not constitute real estate, structures or stationary personal property to be "localized" for taxation, but should likewise be "averaged" for taxation over the entire road. Such being the status of railroad property of this character, the auditor cannot, after having ascertained its value under this section, again tax it as omitted property, nor can he treat it as omitted property which has escaped taxation, nor would he be justified in again placing it on the duplicate on the ground that his action was in effect a revaluation or a correction of an undervaluation: Railway v. Hynicka, 4 O. N. P. (N. S.) 345, 17 0. D. (N. P.) 163 [affirmed, without report, Hynicka v. Railway, 77 Q. S. 628].

The bridge of the Cincinnati Southern Railway which spans the Ohio river, together with the viaduct or trestle leading up to it, constitutes, with the underlying ground, a part of the "roadbed," and is property necessary to the daily operation of the road, and there being no additional charge to shippers or passengers on account of the use of this bridge and viaduct, it should be taxed with the remainder of the road as a unit and "averaged" over the entire road: Railway v. Hynicka, 4 O. N. P. (N. S.) 345, 17 O. D. (N. P.) 163 [affirmed, without report, Hynicka v. Railway, 77 O. S. 628.]

If a road upon the Ohio side of the Ohio river is leased by a road upon the Kentucky side of the Ohio river, and connected by a bridge and the road is appraised according to mileage, the auditor of the county in which an expensive approach to the bridge has been located and toll taken, may list such approach for taxation as a separate structure: Cowen V. Aldridge, 114 Fed. 44, 51 C. C. A. 670, 14 O. F. D. 21.

The "roadbed" and "realty necessary to the, daily running operations of the road" are to be treated as personal property for purposes of taxation by this section : Railway v. Hynicka, 4 O. N. P. (N. S.) 345, 17 O. D. (N. P.) 163 [affirmed, without report Hynicka v. Railway, 77 O. S. 628].

The personal property to be appraised by the auditors includes the roadbed, water stations, credits, undivided profits and the like in this state, and the valuation thus obtained is to be apportioned among the counties in compliance with G. C. § 5430: Lee v. Sturges, 46 O. S. 153.

Apportionment.

SEC. 5430. The value of such property, moneys and credits of each of such street, suburban and interurban railroad and railroad companies, as found and determined by the

commission, shall be apportioned by the commission among the several counties through which the road, or any part thereof, runs, so that to each county and to each taxing district therein, shall be apportioned such part thereof as will equalize the relative value of the real estate, structures and stationary personal property of such company therein, in proportion to the whole value of the real estate, structures and stationary personal property of the company in this state; and so that the rolling stock, main track, roadbed, power houses, poles, wires, supplies, moneys and credits of the company shall be apportioned in like proportion that the length of the road in such county bears to the entire length thereof in all the counties, and to each city, village and district or part thereof therein. (102 v. 224, § 54.)

If a railroad runs through a taxing district, which is created under the one-mile assessment pike law (see G. C. § 7232, et seq.), it is subject to taxation proportionally: Railroad v. Commissioners, 48 O. S. 249.

Apportionment when line divided into separate divisions.

SEC. 5431. If the line of such company is divided into separate divisions or branches, so much of the rolling stock thereof as belongs to or is used solely upon such divisions or branches shall be apportioned in like manner to the county, or counties, and to each taxing district therein, through which such branch or division runs. The commission shall certify to each such county auditor such apportionment. (102 v. 224, § 55.)

The expression "belongs to" with reference to divisions or branches of the road, refers to cases where a branch is equipped separately: State, ex rel., v. Aldridge, 66 O. S. 598.

Valuation when part of road is in another state.

SEC. 5445. When a street, suburban or interurban railroad or railroad company has part of its road in this state and part thereof in another state or states, the commission shall take the entire value of such property, moneys and credits of such public utility so found and determined, in accordance with the provisions of this act, and divide it in the proportion the length of the road in this state bears to the whole length thereof, and determine the principal sum for the value of the road in this state accordingly, equalizing the relative value thereof in this state. (102 v. 224, § 56.)

Applied, cited, construed, referred to, etc., Lee v. Sturges, 46 O. S. 153; Cincinnati v. Railway, 11 Dec. Rep. 667, 28 Bull. 276.

The expression "such property" refers back to G. C. § 5423, but it does not create an exemption in favor of property which is not necessary for the daily running operations of such road: Railway v. Hynicka, 4 O. N. P. (N. S.) 345, 17 O. D. (N. P.) 163 [affirmed, without report, Hynicka v. Railway, 77 O. S. 628.]

Taxation of Road Partly in This State.

SEC. 9045. That part of the road of such consolidated company in this state, and all its real and personal property therein, shall be listed for taxation and taxed in the same manner as the road and property of other railroad companies in this state. To ascertain the proportion of the rolling machinery subject to taxation here, the officer listing it shall ascertain the value of all the rolling machinery of the company, and return a sum bearing such proportion to the value of the whole, as the length of the line of such road in this state bears to the length of the whole line. (R. S. Sec. 3387.)

The shares of such consolidated corporations which are held in Ohio are subject to taxation in this state: Lee v. Sturges; Insurance Co. v. Ratterman, 46 O. S. 153.

Apportionment of other public utilities.

SEC. 5446. The commission shall apportion the value of the property of all other public utilities assessed according to the provisions of this act as follows:

(a) When all the property of such public utility is located within the limits of a county, the assessed value thereof shall be apportioned by the commission between the several taxing districts therein, in the proportion which the property located within the taxing district in question, bears to the entire value of the property of such public utility, as ascertained and valued as herein provided, so that, to each taxing district there shall be apportioned such part of the entire valuation as will fairly equalize the relative value of the property therein located, to the whole value thereof.

(b) When the property of such public utility is located in more than one county in this state, the assessed value thereof shall be apportioned by the commission between the several counties and the taxing districts therein, in the proportion which the property located therein, bears to the entire value of the property of such public utility as ascertained and valued, as herein provided, so that to each county and each taxing district therein, there shall be apportioned such part of the entire valuation as will fairly equalize the relative value of the property therein located to the whole value thereof.

(c) When the property of such public utility, required to be assessed by the provisions of this act, is located in more than one state, the assessed value thereof shall be apportioned by the commission in such manner as will fairly and equitably determine the principal sum for the value thereof in this state, and after ascertaining such value it shall be apportioned by the commission, as herein provided. (102 v. 224, § 57.)

Certificate to county auditors.

SEC. 5447. On the second Monday of July, the commission shall certify such apportionment to the auditor of each county in which any of the property of the public utility is located. (102 v. 224, § 58.)

Entry on tax duplicate.

SEC. 5448. The county auditor shall place the apportioned value on the tax list and duplicate and taxes shall be levied and collected thereon, in the same manner and at the same rate, as other personal property in the taxing district in question. (102 v. 224, § 59.) Not required to make returns under certain sections of General Code.

SEC. 5460. Public utilities shall not be required to make returns under, nor be governed by the provisions of sections fifty-four hundred and four, fifty-four hundred and five and fifty-four hundred and six of the General Code. (102 v. 224, § 71.)

SEC. 5449. On or before the first day of March, annually, every telegraph and telephone company, doing business in this state, under the oath of the person constituting such company, if a person, or under the oath of the president, secretary, treasurer, superintendent or chief officer in this state of such association or corporation, if an association or corporation shall make and file with the commission a statement in such form as the commission may prescribe. Every express company shall make and file such statement on or before the first day of August annually. (106 v. 571.) Sec. 102 v. 224, § 60.

Contents of statement.

SEC. 5450. Such statement shall contain:

1. The name of the company.

2. The nature of the company, whether a person or persons, or association or corporation, and under the laws of what state or country organized.

3. The location of its principal office.

4. The name and postoffice address of the president, secretary, auditor, treasurer and superintendent or general manager.

5. The name and postoffice address of the chief officer or managing agent of the company in this state.

6. The number of shares of the capital stock.

7. The par value and market value, or if there is no market value, the actual value of its shares of stock on the thirty-first day of the month of December, next preceding and the amount of its capital stock subscribed and the amount thereof actually paid in, except, that in case of express companies who shall state such value on the thirtieth day of the month of June next preceding.

8. A detailed statement of the real estate owned by the company in this state, where situated, and the value thereof as assessed for taxation.

9. A full and correct inventory of the personal property, including moneys and credits, owned by the company in this state on the thirty-first day of the month of December next preceding, where situated, and the value thereof, except, that in the case of express companies such inventory shall be of such property owned on the thirtieth day of the month of June next preceding.

10. The total value of the real estate owned by the company and situated outside

of this state.

11. The total value of the personal property owned by the company and situated

outside of this state.

12. The total amount of bonded indebtedness and of indebtedness not bonded; the gross receipts from whatever source derived or business wherever done, for the year ending on the thirty-first day of December next preceding; and the total gross expenditures for such year, except, that in case of express companies such statement shall be made of the gross receipts for the year ending on the thirtieth day of June next preceding, and the total gross expenditure for such year.

13. In the case of telegraph and telephone companies, such statements shall also set forth, the whole length of their lines, and the length of so much of their lines as is without and is within this state, which shall include the lines such telegraph and telephone companies control and use under lease or otherwise and the miles of wire in each taxing district in this state.

15. In the case of express companies, such statement shall also contain the entire