The Monte Vista journal. (Monte Vista, Rio Grande County, Colo.) 1888-1921, 1912-10-26

provided herein. shall remain In the Gen
srai Fund OF the state and be subject to
sembly: all such interest payments shall
be Included In any estimate of the cost
OF the Tunnel
See g. All bonds described in Section
hereof so many thereof as may be
necessary. shall be used only for the pur-
pose Of constructing tunnel through
through the base OF James Peak. and
having its eastern portal near the town
OF raiiwnw of The p.nyer Northwes,ern
and Pacific Railway Company. and its
western portal near the town OF Arrow.
In Grand County. on the line of railway
tic Railway Company. together with the
necessary approaches TO both the East
crn and Western portals OF said Tunnel.
said Tunnel to be sufficient In size char
acter and capacity to permit OF the con-
struetion OF sinsie-traek railway TO be
permit OF the convenient operation OF
railway trains through the same. and not
to exceed in length five miles.
Sec. 4. Within sixty days from tho
taking effect OF this Act. and before any
bonds hereby authorized are issued or
Northwestern and Pacific Railway Com
pany and The Continental Tunnel Rail
way Company. their successors or as
signs, shall by warranty decd and other
proper conveyances transfer and deed TO
the State Of Colorado. In consideration OF
the advantages to be derived from this
Act without further compensation there
for. all rights OF way. TO both tunnel sites
and approaches thereto. filings. surveys.
maps plans. estimates and data con-
nected with and necessary for said pro-
posed tunnel which are now owned or
possessed by said The Denver. North
western and Pacific Railway Company
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. filings.
surveys. maps. plans. estimates ana 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-
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-
lions In this Act provided. give to ~
The Denver. Northwestern and Pacific
Railway Company, Its successors and ns-
signs. the right to use said tunnel for
railway purposes until the maturity OF
the bond issue herein provided FOR. to-
wit: nifty years from date thereof; upon
the terms and conditions In this Act set
forth and also providing that The Dem
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
ings OF said The Denver. Northwestern
and Pacific Railway Company. Its sue
the principal and Interest OF all State
Tunnel Bonds. issued under the provis-
ions OF this act and shall pay the Iun-
mel Commission for the State of Colo
RADIO. from time to time. toll or
charge for such use. the maturing In
terest on the total bonds issued nereun-
peuse OF operation maintenance and re-
pair. which shall constitute fund to be
HseS sGs fSr tb ns p fnph.r ordeg
shall also he provided In said Contract
that The Denver. Northwestern and Pa
ciflc Hallway Company. Its successoes
In flrst-class and safe condition, and
IN case The Denver. Northwestern and
and assigns shall ut any tune DO caii,
upon to pay, and shall pay the principal
Of all OF said bonds at any time Issued
under the provisions of this Act and In
Guiding all interest on said bond issue
which has heretofore been paid by the
State OF Colorado and all interest which
Is due and uCcrued at the time OF such
purchase and all salaries and expenses
OF the Commission and all the expenses
Of the state Of Colorado In referring TINS
Bin to "a vote OF the people incurred by
the State, then the title to said Tunnel
shall vest in said The Denver North
western and Pacific Railway Company.
It's successors and assigns. and the State
OF Colorado shall by proper deed or con-
veyance transfer the property and rights
hcreinbeforc transferred by said The
Denver, Northwestern and Pacific Rail-
way Company and The Continental Tun-
mel halfway Company, together with the
said tunnel and tunnel rights to said The
Denver, Northwestern & Pacific Rail
way Company. it's successors and ms.
signs. and the State OF Colorado shall
cease to have any interest therein. with
In thirty days after any transfer
Of tunnel rights AS last above noted. tho
Tunnel Commission shall make final
report to the Auditor OF State and shall
then cease to exist as state Tunnel
Commission.
At the time tho contract provided for
"a a Ia hot
tho Tunnel Commission. on behalf OF
the State ana The Denver. Northwestern
Continental Tunnel Railway Company,
their successors aud assigns. there shall
be Included In said contract clause by
which tho said railway company agrees
with the State that by the time said tun-
mel In completed said railway company
Will have established through service be-
tween Denver, Colorado. and Salt Lake
city. Utah through tho completion OF
the line OF railway OF said The Denver.
Northwestern and Pacific Railway Com
pany It's Successors and assigns or by
the building OF "A connecting line OF rnil-
way between crested station on Tho
Denver. Northwestern and Pacific Rail-
way and DotHero station on The Denver
and Rio Grnnde Rnilrond thus insuring
direct md through traffic through said
tunnel between said above nnm0d cities
At the time the contract provided for
In this Section " entered into between
tho Tunnel Comniission on behalf OF tho
State, and The Denver. Northwestern
and Pacific Railway Company. It's sue
ccHsors and assigns. there shall be In
cluded IN said contract n clause by which
tho said Railway Company guarantees
the fun and for final payment OF all
bonds issued hereunder and all interest
nccrulnE thereon and tho faithful per
Torrance Of all contracts, shall deposit
with tho Tunnel Commission first class
negotiable necurity or bonds ms collateral
recurity In an amount equal 20 said bond
issue
Sec 8. Tho right 10 use Hnid Tunnel
hereby given 20 TIE Denver, Northwest
ern and Pacific Railway Company. us