The Elbert County tribune., 1912-10-25

same shall be necessary. by the General
Appropriation Bill. sums OF money suffi-
crutns the State tunnel Bonds, is
sued as provided herein In this Act. and
the General Assembly shall by law pro-
vide for a sinking fund to pay the State
Tunnel Bonds at maturity. to be ere
ated out OF the state Capitol Fund, be-
ginning not later than eight years from
the date of the taking effect OF this Act
PROVIDED. however. that all or any
not needed or used for such purpose, as
provided herein, shall remain In the Gem
erai 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.
Sec. B. An bonds described In Section
hereof. so many thereof az may be
necessary. shall be used only for the pur-
pose OF constructing a tunnel through
the Main Range OF the Rocky Mountains,
through the base of James Peak and
having Its eastern portal near the town
of Toliand. Gllpin County. on the lire
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. Northwestern and Paci-
m tn. % has hs
ern and Western portals of said Tunnel:
said Tunnel to be sufficient in size. char
struction OF a singie-track railway to be
operated by steam or electricity. and to
railway traias 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
Northwestern and Pacific Railway Com
pany and The Continental Tunnel Rail-
signs, shall by warranty deed and other
proper convsyances transfer and deed to
the the % sdventages % V 10 be- d derived 0t from his Is
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-
POSSE possessed hn by i said The Denver. @ NO North
western and Pacific Railway Company
or The Continental Tunnel Railway Com
may be used by the Tunnel Commission
in the construction OF the Tunnel here
and spproaches and tannei Site. filings.
surveys. maps. plans, estimates and data
shall be free and clear from all incum-
| brancss.
There shall also be within sixty days
| from the taking effect OF this Act con-
tract or lease prepared and executed by
Northwestern and Pacific Railway Ccm-
pany and The Continental Tunnel Rail
way Company. their suecessors as.d.es- and as
The Denver Northwestern and Pacific
signs, the right to use said tunnel for
| railway purposes until the maturity of
the s9nd oass for
the terms and conditions in this Act set
forth. and also providing that The Dem
Company. its successors and assigns.
shall give a good and sufficient security
sat.sfaetory to the State e. Tunnel Com Com
J ings OF said The Denver. Northwestern
and Pacific Railway Company. It's sue.
sh the Principal and Interest of ali State
| Tunnel Bonds. Issued under the provin-
Of sns St 9aa sof sss sas tas n coo
rsdo; from time to time: s,,,,nr as toll ,or ,or
| der; together with all necessary ex-
pense of operation. maintenance and re-
pair, which shall constitute FUND ~ to os be
such interest without further order;
shall also be provided in said CONTRACT
cific Railway Company. Its successor.
and assigns, shall maintain said Tunnel
In flrstaclass and safe orS,ern aondison; snS snS
and assigns. shall at any time be. cnlie'
OF all Of said bonds al any time Issued
under the provisions of this Act and In
eluding all interest on said BOND Issue sue
State of Colorado and all interest which
is due and accrued at the time Of such
OF the Commission and all the expenses
Of the State OF Colorado in referring this
BIZ to vote OF the people Incurred by
shall vest in said The Denver. North
western and Pacific Railway Company.
of Colorado shall by proper deed or con-
veyance transfer the property and rights
hereinbsfore transferred by said The
| Denver. Northwestern and Pacific Rail-
way Company and The Continental Tun-
mel Railway Company, together with the
| q l.
way Company. It's successors and as
signs. and the State OF Colorado shall
in thirty days after any transfer
of tunnel rights as last above noted. tho
rspoae to ths xsSiaor of state ana shaii
Commission.
At the time tho contract provided for
in this section Is entered into between
the Tunnel Commission. on behalf of
the State and The Denver, Northwestern
coa Tahnsi yRswapy an
their SUCCESSORS and assigns. there shall
be included in. said contract 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-
City. Utah, through the completion OF
| the line of railway OF said The Denver.
Northwestern and Pacific Railway Com
pany. its. SUCCESSORS and assigns. or by
! the building of a connecting line Of rail-
way between Orestod station on The
| Denver Northwestern and Pacific Rail-
way and Dotssro station on The Denver
and Rio Grende Railroad thus insuring
direct and through traffic through said
At the time the contract provided for
| in this Section is entered into between
State, and The Denver. Northwestern
and Pacific Railway Company. Its sue
cessors and assigns there shall be in
the said Railway Company guarantees
the full and for final payment OF all
bonds issued hereunder and all Interest
accruing thereon and the faithful per-
formaace of all contracts, shall deposit
with the Tunnel Commission n first class
negotiable security or bonds collateral
security in an amount equal to said bond
issue