The Monte Vista journal., 1912-11-02

or the IunneL
Sec g. All bonds described in Section
2 hereof or so many thereof ns may ba
necessary shall be used only for the pur-
pose uor OF I9nnsruoS Rnauc oq *. RoeKv Mountoihs
through the base Of James Peak. and
having it's eastern portal near the town
OF Tulland. Gtpin County on the lins
OF railway OF The Denver. Northwestern
and Pacific Railway Company. and its
western portal near the town OF Arrow.
In Grand County. on the line OF railway
OF The Denver, Southwestern aud Pnci-
fic Railway Company, together with the
necessary approaches to both tho East
ern and Western portals Of said Tunnel:
said Tunnel to be sufficient In size char
acter and capacity to permit OF the con-
struction OF sinEle-trnck railway to be
operated by steam or electricity. and to
railway trains through the same. and not
to exceed in length five miles.
Sec. 4. within sixty days from the
taking effect OF this Act, and before any
bonds hereby authorized are Issued or
used for any purpose The Denver
Northwestern and Pacific Railway Com
pany and The Continental Tunnel Rail
way Company their SUCCESSORS as
signs. shall by warranty deed and other
proper convcyances transfer and deed to
inc State OF Colorado. in consideration OF
the advantages to be derived from TINS
Act without further compensation there
for. all rights OF way to both tunnel sites
and approaches thereto. filings. surveys
rr-ps. plans. estimates and data CON
nectcd with and necessary for said pro-
posed tunnel which are now owned or
possessed by said The Denver, North
western ana IaClilC ithllWhy tonlphHS
or The Continental Tunnel Railway Com
pany. or either OF them all OF which
may be used by the Tunnel Commission
in the construction OF the Tunnel here
in provided for and which rights OF way
and approaches and tunnel site. flllngs.
surveys, maps, plans. estimates and data
shall be free and clear from all incum-
brances.
There shall also be within sixty days
from the taking effect of this Act con-
| tract or lease prepared and executed by
| the State of Colorado and The Denver.
| Northwestern and Pacific Railway Com
| pany and The Continental Tunnel Rail
| way Company their SUCCESSORS and as
signs. which shall upon the considera-
tions in this Act provided, give to , 81.
| Railway Company, It's successors and as
| signs. the right to use said tunnel for
| railway purposes until the maturity of
| the bond issue herein provided for. to-
wit: fifty years from date thereof; upon
! the terms. and conditions In TINS Act set
forth, and also providing That lhe Den
YER Northwestern and Pacific Railway
| Company. its successors and assigns
shall give good and sufficient security
| satisfactory to the State Tunnel Com
| mission. and based upon the entire hold
nnJ Pacific Railway COMPANY its sue
| cessors and assigns for the payment OF
| the principal and Interest of all state
| Tunnel Bonds. issued under the provis-
ions of this act and shall pay the Tun-
| mel Commission for the State OF Colo
| rado from time to time. as toll or
charge for such use. the maturing in
| terest on the total bonds Issued nereun-
der together with all necessary es-
| pense OF operation, maintenance and re-
| pair which shall constitute fund to be
J used solely for the purpose OF paying
1 such interest WITHOUT further order.
| shall nlso be provided In said Contract
| that The Denver Northwestern and Pa
| cific Railway Company, It's successors
| and assigns, shall maintain said Tunnel
| In frst-class and safe condition. and
| in case The Denver. Northwestern and
| Pacific Railway company. its SUCCESSORS
| and assigns shall at any time be caiI..
| upon TO pay, and shall pay the principal
| Of all OF said bonds at any time Issued
| under the provisions OF tins Act and In
| cluding all interest on said bond Issue
| which has heretofore been paid bv. the
/ State Of Colorado and all Interest which
| Is due and accrued Mt the time OF such
| purchase and all salaries and expenses
| OF the Commission and all the expenses
| Of the State of Colorado In referring this
| Bill to vote OF the people incurred by
the State, then the title to said Tunnel
western and Pacific Railway Company
| its successors and assigns. and the State
| vcyancc transfer the property and rights
| hcreinbefore transferred by said The
! Denver, Northwestern and Pacific Rail-
| way Company and The Continental Tun-
| mel Railway Company, together with the
! said tunnel and tunnel rights to said The
| Denver. Northwestern ~ Pacific Rail-
| signs. and the State OF Colorado shall
| cease to have any interest therein. with
| In thirty days after any transfer
| of tunnel rights ns last above noted the
| Tunnel Commission shall mnko final
I
| then cease TO exist as IA state Tunnel
| Commission.
| At the time tho contract provided for
] iu this section IL entered into between
| tho Tunnel Commission. on behalf OF
! the state. and The Denver. Northwestern
and Pncitlc hallway Company and tho
! Continental Tunnel Railway Company,
/ their successors and assigns there shall
! be included Ia said contract clause by
! which the auid railway company agrees
| with the state that by the time said tun-
/ mel is completed said railway company
/ viii have established through service be
| tween Denver Colorado. and Salt Lake
| city Utah. through the completion OF
/ the line OF railway. OF said The Denver
! Northwestern and Pacific Railway Com
/ puny. It's SUCCESSORS ana assigns. or by
| the building Of q connecting line OF rail-
! way between oreutod station on The
| Denver. Northwestern and Pacific Ran.
] Wuy and botHoro station on Tho Denver
! ana Rio Grnndc Railroad thus lnsuring
/ direct ana through traffic through said
| tunnel between said above named cities.
| At tho time tho contract provided for
| IN this Section iH entered into between
| the Tunnel Commission on behalf Of the
! state. and Tho. Denver, Northwestern
and Pacific Railway Company. ita sue
/ cesaorH ana nHaiEuH. there shall be in
/ cludcd In said contract clause by which
tho SAID HALLWAY Company guarantees
The fun and for final payment Of all
| uccrulnE thereon and the faithful per-
formnnce Of all contracts. shall deposit
with tho Tunnel Commission first class
security In an amount equal TO said bond
Issue.
Sec o. The right 10 use said Tunnel
l hereby given TO The Denver Northwest
crn and Pacific Railway Company It's
/ successors and assigns. shall not be a1-
| or companies shall have the right AZ
any time 10 use said Tunnel tracks and