The Monte Vista journal., 1912-10-12

OF tne Iunnc
Sec. >. All
2 hereof or 5,
necessary. sha
pose OF cor"t'
the Main i
through tn
having Its e.
of Tolland,
OF railway OF -.
and Pacific RailN.-
western portal near
In Grand County. on
of The Denver. Mort
fIc Railway Compan
necessary approaChI
ern and Western POI,
said Tunnel to be SUFFICE
acter and capacity to PERM,
struction of n single-track
operated by steam or electt
permit of the convenient
railway trains through the s.
to exceed in length five mile.
Sec. 4. Within sixty days
taking effect of this Act. and ben
bonds hereby authorized are Issue
used for any purpose. The Denver.
Mor.hw ''S III am rar,tnen,at Tnra pnm
way Company their successors or as
signs, shall by warranty deed 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-
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 and data
shall be free and clear from all incum-
brances.
There shall also be within sixty days
he
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 oonsidera-
lions in this Act provided. give to So
The Denver. Northwestern and Pacific
Railway Company. its successors and as
signs. the right to use said tunnel for
the bond issue herein provided for. to-
wit: fifty years from date thereof; upon
the terms and conditions In this Act set
forth. and also providing that The Dem
Yer. Northwestern and Pacific Halfway
Company, Its successors and assigns.
shall give good and sufficient security
satisfactory to the State Tunnel Com
mission. and based upon the entire hold
lngs of said The Denver. Northwestern
cessors and assigns, for the payment OF
the principal and interest OF all State
Tunnel Bonds. issued under the provis-
mel Commission for the State of Colo
RADIO. from time to time. as toll or
charge for such use. the maturing In
der: together with all necessary ex-
pense of operation. maintenance and re-
pair. which shall constitute fund to be
used solely for the purpose OF paying
such interest without further order.
shall also be provided in said Contract
that The Denver. Northwestern and Pa
cifc Railway Company. its successors
and assigns, shall maintain said Tunnel
In first-class and safe condition; and
Pacific Railway company. Its successors
and assigns. shall at any time be cane.
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 accrued 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
Bill 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,
its SUCCESSORS and assigns. and the State
Of Colorado shall by proper deed or con-
yeyanee transfer the property and rights
hereinbefore 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-
way Company. Its successors and as
SlgnS, ana 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 n final
report to the Auditor of State and shall
then cease to exist as IA state Tunnel
Commission.
Al the time the contract. provided for
In this section IL entered Into between
the Tunnel Commission, on behalf OF
the State and Tho Denver, Northwestern
anu Pacitlc Railway Company and the
Continental Tunnel Railway Company,
their successors aud assigns there shall
be included In said contract "A clause by
which the said 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
tho building OF a connecting line OF rail-
way between crested station on The
Denver. Northwestern and Pacific Rail
way and Dotscro station on The Denver
and Rio Grandc Railroad thus insuring
direct and through traffic through said
tunnel between said above named cities.
At the time tho contract provided for
N this Section In entered into between
the Tunnel Commission ON behalf OF the
state and Tho Donver. Northwestern
and Pacific Railway Company its sue
ceHsora and assigns. there shnll bo In
cluded In said contract "A clause by which
ne sain Hallway Company guarantee.
bonds issued hereunder and ali interest
nccruIng thereon and tho faithful per
Torrance OF all contracts shall deposit
with the Tunnel Commission "A first clnss
negotiable security or bonds ms collateral
security In an amount equal to said bond
Issue.
Sec. 8. Tine right to use said Tunnel
hereby given TO The Denver Northwest
crn and Pacific Railway Company. It's
SUCCESSORS and assigns. shall not be OK
elusive. but am other RAILWAY company
or companies shall have the right at
my time to use said Tunnel, trucks and