Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1877-02-08

portions of said road as shall be constructed
! from point north OF an east and west line
running through the said town of Odgen but
if said persons, association, or corporation,
shall not construct said railroad from Ogden
to Franklin, they shall obtain possession of
and attach to the road herein provided for
and as a part thereof, the Utah Northern
Railroad, and the same shall be operated from
said northern terminus in Montana to Ogden
as single road, and with only one rate of
! freight for each class OF freig ht transported
on the entire line of said railroad.
Sec. 13. The Commissioners named in
this act shall make their report and take and
subscribe their oath thereto, within the limits
of this Territory; and if the same is false
they shall be deemed guilty of wilful and
corrupt perjury, and shall be punished as is
provided by law therefor.
Sec IA. That nothing herein contained
shall be construed to inhibit the Territory
from causing ad cdlorena taxes to be levied
upon the property of said railroad company
within said Territory as taxes are levied upon
other property in this Territory. But all
taxes so levied shall be paid by said Railroad
corporation into the Territorial Treasury, and
| no portion thereof shall belong to any county
| in said Territory, anything in the laws now
| in force to the contrary Notwithstanding.
And the said taxes shall be set aside and con-
stitute fund for the payment of the interest
| and principal upon the bonds authorized to
| be issued under the provisions of this act as
| the same shall become due and payable.
| SEC 15 The County Commissioners of
the several counties shall give notice of the
election herein provided for by publication
| in one or more newspapers published within
such county, at least ten days before such
election, or, if no newspaper be published
| therein, the same shall be published in one or
more newspapers published in the Territory |
most likely to give general notice, and they
shall, at their March session, 1877, or, if not
then, they shall convene forthwith thereafter
and they, or a majority of them, shall cause
proper poll books to to be distributed and
provided for the holding of such election; but
| the failure of the County Commissioners in
any county or counties to give said notice |
shall not be held to invalidate the said elec- |
| ton, but the same is hereby appointed to be
held on the 10th day of April, 1877, between
the hours of 8 o'clock a. m. and o'clock D. |
m., and all general and special laws applica-
ble to the conduct of general elections, not |
inconsistent herewith, shall he applicable |
thereto. |
Sec. 16. The votes that are cast upon the |
proposition herein contained after abstracts |
of the same shall have been made by the |
county commissioners of the several counties, |
and such abstracts shall have been forwarded |
to the Auditor as aforesaid, shall be canvassed
in the same manner that the vote for Delegate |
to Congress is canvassed under the existing |
laws. Those votes cast which read ''North |
and South Railroad Aid, Yes" shall be held |
and interpreted to be an approval of this act, |
and those votes which read North and |
South Railroad Aid, No" shall be held and |
deemed to be disapproval of this act, and |
the said votes cast hereon shall be counted
and canvassed accordingly.
SEQ. H. At the election herein provided
for the ballots or votes shall contain the word |
1North and South Railroad aid, Yes or
''North and South Railroad aid, No. and the
same rules, regulations, liabilities and penal
ties prescribed for the conduct of other elec-
tions and liability of officers thereof and
electors within this Territory, shall be OBJ
served and inforced at the election herein |
provided for; and the Judges at such elec-
ton shall truly certify and forward the re-
suit of such election, together with the poll
books and ballots so cast, to the board of
County Commissioners to the county seat of
said county within two days after the same
shall have been counted and certified, and the
County Commissioners shall within ten days
thereafter forward correct abstract of the
votes cast on said proposition at such election
the failure upon the part of any officer or
officers herein named to perform the duties
prescribed by this act. he or they shall be
deemed guilty of misdemeanor and upon
conviction thereof shall forfeit and pay fine
not less than ST., 900 nor exceeding $10 900 and
be imprisoned in the the county Jail not less
than six nor more than ten months.
SEQ. 18. If majority of the votes cast
upon the question hereby submitted shall be
in approval of this act in the manner and
form provided in section II, it shall be the
duty of the Governor of the Territory to an
nounce such fact by proclamation to be pub
lished in one or more newspapers published
in the Territory, and thenceforward this act
shall be contract of binding force upon the
Territory of Montana, and also upon the cor
poraion or association of individuals accept
ing the same as herein provided for. the full
flIment of which contract in every particular
on its part, the good faith and credit of the
people of Montana Territory is pledged.
SEQ. 19. That in case this act shall be rati-
fed and confirmed by the electors Of this
Territory in the manner herein provided, and
the said persons or corporation shall signify
its or their acceptance of the terms of this
act as herein provided, the said corporation
or persons shall construct and fully equip
with all necessary rolling stock, at least one
hundred miles of the said road before the first
day of January, A. D. 1878; and in case of
failure so to do, all right of such corporation
under the provisions of this act shall be
deemed and held forfeited, and it shall have
no further claim upon this Territory for any
bonds herein provided for; and if any one
year shall thereafter elapse without one hun
dred additional miles thereof shall be COM
pleted and equipped, or. if the said road shall
not be wholly completed to its northern ter