The Monte Vista journal. (Monte Vista, Rio Grande County, Colo.) 1888-1921, 1912-10-19

sembly: all such interest payments shall
be included IN any estimate OF the cost
OF the Tunnel.
Sec. g. All bonds described in Section
hereof. or 80 many thereof as may be
necessary, shall be used only for the pur-
pose OF constructing tunnel through
the Main Range OF the Rocky Mountains,
through the base OF James Peak. and
having its eastern portal near the town
OF Tollaud Glpin County. on the line
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-
necessary approaches to both the East
crn and Western portals OF said Tunnel:
said Tunnel to be sufficient In size, char
ucter aud capacity to permit OF the con-
structiun OF single-trnck railway to be
operated by steam or electricity and TO
permit OF the convenient operation of
railway trains through the same and not
to exceed In length fvo miles.
See. T. Within sixty days from the
taking effect OF this Act, and before any
bonds hereby authorized are issucd or
used for any P1fpo 1igi, Ihe Denver ,iy
pauy and The Continental Tunnel Rail-
way Company. their successors or as
signs. shall by warranty deed and other
proper conyeyances 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-
nccted 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. nllngs.
shall be free and clear from all incum-
brances.
There shall also be within sixty days
fro, tHn fulF off Of a q "a n
tract or lease prepared aud 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 up9n the eonsldera-
The Denver. Northwestern and Pacific
Railway Company, Its successors ana 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 this Act set
forth. and also providing that Tho Dem
yer. Northwestern and Pacific Railway
shall give a good and sufficient security
satisfactory to the state Tunnel Com
mission. and based upon the entire hold,
and 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 aud SHAH pay the Tun-
rado from time to time. as toll or
charge Tor such use. the maturing In
terest on the total bonds Issued nereun-
dor; together with al 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
cific Railway Company. It's SUCCESSORS
and assigns shall maintain said Tunnel
In a first-class and safe condition. and
IN case The Denver. Northwestern and
Pacific Railway t-OmnuNN Its successors
and assigns. shall at any time be canr.
upon to pay. and shall pay the principal
OF all or 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
nj the State Of Colorado In referring TINS
I'm to "A vote OF the people Incurred by
shall vest In said The Denver North
western and Pacific Railway Company
it's successors and assigns and the Stat.
OF Colorado shall by proper deed or con-
veyance transfer the property and rights
herclnbefore transferred by said The
Denver. Northwestern and Pacific Rail-
way Company and Tho Continental Tun-
mel Railway Company, together with the
said tunnel and tunnel rights to said The
way Company. It's SUCCESSORS and
signs. and the state Of Colorado shall
cease to have any interest therein: with
In thirty days after any transfer
81 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
Ia this section is entered into between
the Tunnel Commission. on behalf OF
tho State aud The Denver. Northwestern
and Pacific Railway Company and the
Continental Tunnel Railway Company,
their successors and assigns there shall
bc Included In said contract a clause by
which the Hnid railway company agrees
with the State that by the time said tun-
mel ls completed said railway company
win have established through service be-
tween Denver Colorado. and Salt Lake
city, Utah. through the completion of
the limo ~ railway OF said The Denver.
Northwestern and Pacific RAILWAY Com
pany. its successors and nHsiFuH or by
the building OF connecting line OF rail-
way between crested station on The
Denver. Northwestern ana Pacific Rail
way ana butNrru station on Tho Denver
and Rio Grande Railroad thus lnHurins
direct and through traffic through said
tunnel between said above sumed cities
At the time the contract provided for
IN this Section 10 entered into between
the Tunnel Commission on behalf OF tho
State and The Denver. Northwestern
ana Pacific hallway company 10 sue,
ccHnorr ana assigns. there shall be In
Guided ~ said contract clause by which
tho said Railway Company guarantees
bonds issucd hereunder and All interest
nccrulng thereon and the faithful per-
Torrance Of all contracts. shall deposit
negotiable security or bonds mo- collateral
security IN an amount equal TO raid bond
issue.
Sec. O.. Tho right 70 use said Tunnel
hereby given 10 The Denver. Northwest
orn and Pacific Railway Company. its
successors and assigns. shall not be OK
elusive. but any other railway company
or companies shall have the right AZ
a A u1