The daily sentinel., 1912-10-17

company. its sicceesors and assigns. imposed
upon 8; by the said contract with the State Of
Colorado In proportion to the traffic which
each railway carries through said tunnel
and upon entering into such contract In prop
er form 70 be approved by the Tunnel Com
mission. the right OF any other railway COM
pany Of companies to use eaid Tunnel. tracks
and approaches shall always be available TO
such railway company or companies. their
successors and assigns. and In case. under
the agreement as to the payment OF the
| principal. and interest. OF the bonds herein
provided for. said Tunnel. tracks and ap-
proaches shall become the property OF The
! Company. their suecessors and assigns.
either solely or Jointly with other rail-
way companies, their successors and as
signs, the of said tunnel. tracks and ap-
proaches. under the terms and provisions of
this Act and this Section. shall be open and
available to other railways for railway pur-
poses only.
Sec. 6. Within ninety days from the TAX
Ing effect of this Act. but not until the
contract between the state OF Colorado and
The Denver. Northwestern and Pacific Rail-
way Company. Its succeSsors and assigns, as
IN Sections 4 and hereof provided. shall
have been executed. the Tunnel Commission
In the name OF and on behalf OF the State
Of Colorado. shall enter Into a contract with
some duly qualified person. corporation. as
ISOLATION or partnership for the construction
OF the tunnel tracks and approaches herein
provided for; the contract may be let TO one
Or more persons. Corporations associations
I or partnerships. bur either the ono contract
or the several contracts shall provide for
the construction OF the entire tunnel and for
the completion thereof. and In cnse several
contracts are 50 let. they shall be let upon
the same day and provide for the completion
OF said tunnel on the same day.
Such contract or contracts must provide
for the construction and completion OF said
tunnel and the necessary approaches thereto
upon plans and specifications to be approved
by the Tunnel Commission and according to
me provisions Of this Act. for sum not to
! exceed four million Of dollars. which shall
be pay sbie In the state Tunnel Bonds al not
lesS than their face value. The said con-
tractor or contractors shall agree to accept
said Tunnel Bonds In payment Of said con-
struction and all parts thereof at not less
than their face value. and not otherwise.
and said contract contracts snail provide
Tor making payments In said bonds only sor
work aa the same has been completed and
payment may be mndo by the Tunnel Com
mission on tho 10th, OF each month for
ninety per cent OF the contract price for
work completed during the previous calen-
dnr month and upon certificates OF the Su-
pervizing Engineer 10 said Tunnel Commits
sion: the ten per cent. OF contract price
withheld by the Commission provided
herein shall be paid TO the contractor en-
Titled thereto. when the contract shall have
been completed in fun and accepted by the
Tunnel Commission. The bonds so to he
issued anc delivered to said contractor or
contractors shall constitute payment In fun
for the construction OF said tunnel subject
to the conditions In this Act imposed and
said tunnel bonds 20 used for the payment
OF said Tunnel and the expenses herein pro-
sided for shall at the time and before the
delivery thereof have all the mntured inter-
est coupon or coupons removed therefrom.
and any other interest accrued on any such
bond or bonds shall before the delivery be
credited upon tho coupon next maturing.
Such contract or contracts must provide that
any and all persons employed engaged in
work and labor In or about the tunnel or In
connection Herewith. except such men as
may apply of their voltion. shall be
directly employed through by mems Of
the Colorado Free Employment offices Gre
ated and established by the State of Colo
RADIO and conducted under Its auspices that
eight hours out OF every twonty-four hours
shall be and constitute a days work for
any and all Of such persons employed or
engaged in such work. labor In about or in
connection with said tunnel, and that all
miners. muckers. tramufers, motormen. ma
chine men. engineers. linemen, carpenters
timbcrmen. electricians, and nil other work
men OF any nature, kind or description shall
receive as compensation for each days work
or eight hours above provided not less
than the wages paid for similar work In the
Cripple Creek district OF the State of Colo
rado. and in event shall any of these
employees receive less than three Hs4oOp
dollars per iny. in tunnel bonds. and the
Contractor thall redeem them at not less
than par.
Such conifaet or contracts shall ais, pro-
vide that e,cry effort will be made to pro-
vide for the most complete and effective
scientific sarNtation in and about the tunnel
and its approaches. and all buildings, struc-
lures. tents, camps or other places where
the persons employed in or about the tunnel
live. work. or assemble for recreation or
pleasure and that no opposition will be
offered or obstacle interposed to as frequent
inspections as the Commissioner of Mines or
tho Labor Commissioner may deem nece,-
ssry or desirable Of the tunnel and Its
workings. buildings. dwellings or other
places used by the employees in and about
their work or labor and that they will recog-
nize and consent to the application of thu
so-called factory Inspection laws to any and
all work and work places buildings, machin-
cry. appliances and generally to the entire
enterprise from Its commencement to its
completion. The further form and terms OF
said contract with said contractor con-
tractors shall be determined by the Tunnel
Commission. which shall require good and
sufficient bond for the faithful performance
Of all contracts
Sec I. The salaries of the Supervising
Engineer and Secretary 20 the Tunnel Com
mission as herein provided, shall be paid
from time TO time in State Tunnel Bonds,
at not less than the face value thereof; and
none OF said bonds shall be negotiated. is
sued or disposed Of by the Tunnel Commits
sion except as in this Act provided.
Sec. s. The said tunnel shall never h.
used in whole or in part for the diversion
OF waters from the Western to the Eastern
Slope OF the Continental Divide for domestic.
irrigation. manufacturing. storage. power or
commercial purposes
Sec. 3 This Ae; is hereby referred to the
peop of the State OF Colorado for their ap-
provai or rejection at the next biennial reg
uinr general election and shall not take ef-
feet until the SAME has been approved by
vote OF the people AS provided In Section
of Article OF the Constitution OF the State
OF Colorado.
Sec. 10. Each eiector voting at said cleo
tion and DESTROYS Of voting for or against
this Act shall deposit In the ballot box a
ticket whereon shall be printed or written
the words For Act TO promote and in
crease the general prosperity OF the State,
by constructing tunnel under and through
the base OF James Peak, a spur Of the Rocky
Mountains. to be used for public semi
public purposes" and Against an Act 10
promote and Increase the general prosperity
OF the State. by constructing tunnel under
and through the base OF James ePuk. a spur
| OF the Rocky Mountains to be used for pub
| lie or semi public purposes and shall in
dicate his or her approval or rejection of
| the proposition by placing a cross CX) after
one OF such sentences. The vote cast for
i