of said tax to the treasury of the Commonwealth, within sixty days from the date of the settlement of the account by the auditor general and State treasurer. * Sec. 23. That every pipe line company * now or hereafter incorporated or organized by or under any law of this Commonwealth, or now or hereafter organized or incorporated by any other State or by the United States or any foreign government, and doing business in this Commonwealth, and owing, operating or leasing to or from another corporation, company, association, joint-stock association or limited partnership, any * * * pipe line * * * or other device for the transportation of * * * * oil, shall pay to the State treasurer a tax of eight mills upon the dollar upon the gross receipts of said corporation, company or association, limited partnership, firm or copartnership, received from * * * the transportation of oil done wholly within the State; the said tax shall be paid semi-annually upon the last days of January and July in each year; and for the purpose of ascertaining the amount of the same, it shall be the duty of the treasurer or other proper officer of the said company, firm, copartnership, limited partnership, joint-stock association or corporation, to transmit to the auditor general a statement, under oath or affirmation, of the amount of gross receipts of the said companies, copartnerships, corporations, joint-stock associations or limited partnerships derived from all sources, and of gross receipts from business done wholly within the State, during the preceding six months ending on the first days of January and July in each year; and if any such company, firm, copartnership, joint-stock association, association or limited partnership, or corporation, shall neglect or refuse for a period of thirty days after such tax becomes due, to make said returns or to pay the same, the amount thereof with an addition of ten per centum thereto, shall be collected for the use of the Commonwealth as other taxes are recoverable by law: Provided, That in any case where the works of one corporation, company, joint-stock association or limited partnership are leased to and operated by another corporation, company, association, or limited partnership, the taxes imposed by this section shall be apportioned between the said corporations, companies, associations or limited partnerships in accordance with the terms of their respective leases or agreements, but for the payment of the said taxes the Commonwealth shall first look to the corporation, company, association or limited partnership operating the works, and upon payment by the said company, corporation, association, or limited partnership of a tax upon the receipts as herein provided derived from the operation thereof, the corporation, company, joint-stock association, or limited partnership from which the said works are leased, shall not be held liable under this section for any tax upon the proportion of said receipts received by it as rental for the use of said works. * 2330. 1851. Mining and quarrying companies; oil and salt; manufactories. The following shall be the form of charter for * * boring for petroleum, rock oil, salt water, or other valuable liquid hidden in the earth. (Laws 1875, Chap. 142, Sec. 11). 2331. 1852. Form of charter. The following shall be the form of charter: STATE OF TENNESSEE-CHARTER OF INCORPORATION. Be it known that by virtue of the general laws of the land (here copy the names of the five or more corporators) are hereby constituted a body politic and corporate, by the name and style of (here set forth the name of the corporation and the nature of the business). The amount of the capital stock shall (Laws 1875, Chap. 142, Sec. 11; 1897, Chap. 32.) be * dollars ($------). * 2333. 1854. Right and power of eminent domain. The said corporation shall have the right, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement, as set forth in sections 1844 to 1867, inclusive, to condemn a right of way necessary for the transaction of the corporate business, not exceeding thirty feet in width, over the lands of any private person or corporation, and such right of way is hereby declared to be a public road. (Laws 1875, Chap. 142, Sec. 11.) 2334. 1855. Annual statements and list of stockholders to be published. Annually, during the month of January, the president shall make and publish in a newspaper printed in the county where the principal office of business is located, or, if no newspaper is printed in that county, then in an adjoining or the nearest county where a newspaper is printed, a sworn statement, showing the amount of the capital stock and the existing liabilities, and a list of names of the stockholders. (Laws 1875, Chap. 142, Sec. 11.) 2335. 1856. Capital stock to be paid in cash or land; no loans to stockholders. Nothing but cash shall be taken in payment of any part of the capital stock, or land at a fair cash valuation, and no loan of money shall at any time be made to any stockholder thereof, and any such loan shall render the directors consenting thereto individually liable for the amount thereof, this liability to extend in favor of innocent stockholders as well as creditors. (Laws 1875, Chap. 142, Sec. 11.) AN ACT to amend an Act entitled "An Act to provide for the organization of corporations," being Chapter 142 of the Acts of 1875, passed March 19, 1875, approved March 23, 1875, so as to provide for the organization of pipe line companies. Sec. 1. Be it enacted, etc.: That Chapter 142 of the Acts of 1875 entitled "An Act to provide for the organization of corporations," passed March 19, 1875, approved March 23, 1875, be and the same is hereby amended so as to provide for the organization of pipe line companies. Sec. 2. Be it further enacted: That form of charter for pipe line companies shall be as follows: STATE OF TENNESSEE-CHARTER OF INCORPORATION. Be it known that (here insert the names of five or more persons not under twenty-one years of age) are hereby constituted a body politic by the name and style of (here insert name of corporation) for the purpose of constructing and operating pipe lines for the transportation of articles of commerce. Said corporation shall have the power to construct and operate pipe lines for the transportation of any article of commerce capable of being conveyed by pipe lines, as, for instance, petroleum and other fluid oils, gas, acids and alkalines, and, in general, any mineral or mineral product. And to do and perform the general duties of a common carrier of goods by pipe line as far as practicable. The general powers, provisions and restrictions applicable to said corporation are (here set forth the powers enumerated in Section 5 of Chapter 142 of the acts of 1875). Sec. 3. Be it further enacted: That said corporation shall have the right in pursuance of the general laws authorizing condemnation of private property to works of internal improvement as set forth in Section 1325 to 1348, both inclusive, of the Code of Tennessee, to appropriate as an easement a right-of-way of lands necessary for its said pipe lines; and also and for pump stations and terminal facilities over and of land of any person or corporation through which a pipe line may be located (said Section of Code here to be literally copied and inserted.) Provided, however, that, no such pipe line as is provided for in Section 1, shall be run in through or across any streets, alleys, squares, or highways, within the corporate limits of any municipality in the State of Tennessee until the right to do so shall have been approved by a majority of the votes of the qualified voters of such municipality at an election called and held for the purpose of determining such question. Sec. 4. Be it further enacted: That companies organized hereunder shall have the right to exact and receive the same tolls or freight rates for the transportation of goods as other common carriers. Sec. 5. Be it further enacted: That all companies organized hereunder shall furnish equal facilities to all persons and shall not discriminate in services, in charges, nor otherwise, either for or against any person, and shall be charged with all duties, responsibilities and liabilities imposed upon quasi public corporations by the laws of Tennessee. Sec. 6. Be it further enacted: That this Act take effect from and after its passage, the public welfare requiring it. TAXATION-SCHEDULES. LAWS 1919, P. 13. CHAPTER NO. 3. FEBRUARY 17, 1919. * * * AN ACT authorizing and directing the assessment for taxation for State, county, and municipal purposes by the Railroad Commission of the State of Tennessee, the properties of pipe line companies, * * providing the means and methods of such assessment and for the collection of taxes; to increase and fix the salaries of the Railroad Commissioners; to repeal Chapter 5 of the Acts of the General Assembly of 1897, Chapter 48 of the Acts of the General Assembly of 1901, Chapter 513 of the Acts of the General Assembly of 1905, in so far as they conflict herewith, the purpose of this Act being to embrace all legislation upon the subjects therein embraced, but saving and reserving the rights of the State accrued or which may have accrued under any of said Acts. Sec. 1. Be it enacted, etc.: That the Railroad Commission of the State of Tennessee, hereinafter called the Railroad Commission, shall be and are hereby authorized and directed to assess for taxation, for State, county and municipal purposes, all of the properties of every kind and description, tangible and intangible, within the State belonging to the following named persons, companies, corporations, firms, copartnerships or associations of persons, hereinafter referred to as companies, namely: (9) Pipe lines; (10) Gas companies. The Railroad Commission shall assess all of said property biennially at its actual cash value as of the same date the properties of other persons are by law assessed. Sec. 2. Be it further enacted: * * * * * * That it shall be the duty of the owners of property such as that mentioned in Section 1 of this Act within the State, to file with the Railroad Commission on or before the first day of April, 1919, and biennially thereafter on or before said date, under oath, schedules and statements giving the following information; concerning all properties owned or leased by such owners: (1) the name of the company, its nature, whether a person, association, co-partnership, corporation or syndicate, and under the laws of what State or county organized; (2) the location of its principal place of business, the postoffice address of the president, general manager, or executive officer or officers; (3) the name and postoffice address of the chief officer or managing agent of the company in Tennessee; (4) the gross receipts of its business as a whole and also of its business done within the State, and operating expenses for the preceding fiscal year; (5) the total capital stock, number of shares issued or outstanding, the par face value thereof, and in case no shares of stock are issued, in what manner its capital is divided, and its holdings evidenced; (6) the market value of said shares of stock or capital on the 10th day of January next preceding, or if said stock or capital have no market value, then the actual value; (7) the real estate, buildings, machinery, fixtures, appliances and personal property owned by said company which is actually located within the State of Tennessee, the actual value thereof and the counties or municipalities of the State in which the same are located; (8) real estate, together with the permanent improvements thereon, situated outside of the State of Tennessee and not directly used in the conduct of the business within the State, the purpose for which it is used, its value and the sum at which it is assessed for taxation in the locality where situated; (9) the bonded indebtedness and the market value thereof, if it has such, otherwise its actual value. In addition to the foregoing information to be given by each and every owner of property assessable under this Act, said statement shall contain information as follows: * * * * From pipe line companies (meaning thereby companies owning a pipe line or pipe lines not wholly situated in any one county in the State, whether such pipe lines be used for the transmission of oil or gas), the length, size and value of lines, the number and capacity of tanks, showing the county and incorporated towns within which the same are located. From gas companies, all its property, real, personal and mixed, owned or leased, setting forth therein the length in miles of the entire system of mains, conduits, number of services, governors, meters and transformers in each incorporated town and county, together with the value of the whole, the capital stock, gross receipts from business in this State during the preceding fiscal year and the gross receipts from all sources, and the location, value and description of all other property, real, personal and mixed in this State. * The schedules to be returned must be sworn to by the President or the Secretary of the company. Said schedules and statements shall be verified by the affidavit of the owner or receiver of such property, or if owned by a corporation or stock company, the president or secretary shall make such affidavit. The owner of any such property refusing or failing to file such schedules and statements shall be deemed to have waived the mode and manner of ascertaining the value of such property and shall not be permitted to be heard in opposition to the valuation fixed upon said property by the Railroad Commission, and shall in addition be liable to a penalty of $100.00 for each and every day which such owner is delinquent in filing said statement or schedule. It shall be the duty of the Attorney General of the State, upon the request of the Railroad Commission, to sue for and collect the same before any court of competent jurisdiction in the same manner as any other debt, penalty or forfeiture is now collected by law. Sec. 3. Be it further enacted: That the Railroad Commission shall require in addition to the schedules and statements above referred to, such additional information, and take such additional evidence as to the value of any property to be assessed by them as may be deemed proper, but such additional evidence shall be reduced to writing and opportunity afforded, if desired, to the owner to submit additional evidence or counter-evidence to that required by said Railroad Commission, and the records of the said Railroad Commission shall at all times be open to inspection of the owner or owners of any property assessable under the provisions of this Act. To ascertain any of the foregoing facts, the Railroad Com |