The Greeley tribune., 1912-10-17

nel ana the General Assembly shall
same laail be nrccfsnfN. b,g th. G.',.,raI
| AppruprItiuu Bnl sums OF nancy s,9fti-
clont Iu amount To may tho iptsT.st a.
eruinE on the State funnel Tnu1g ,s
sued a8 provided herein In tbia 49, a,,ti
| the General Assembly shait hS, law NO ,,lu
vide i0F "a sInilinE fund To- nav tbp state
lui,hl. bpAaa at maturity to be ere
atsu ett Of the State Capitol Fund. be-
| ginhil not later than eight years from
the u 8Ee OF the taking effect az tbis Act
PRO FTDED however that an ar ny,
PAst khe appropriation or sinking fund
| not hsflCd or used for such purpose as
proVils4 herciu, shall remain IN the Gen
erai aH9 pf the state ana be subject L.
| turtheF appropriation by the General AS
sembIT p, nu such interest payments shall
Of Of TN IL 3qSa FSandI H. any estimate of the cost
| see AN bonds described in Section
het cor, or SO many thereof may be
| neces MY. shall be used only for the pur-
pose u constructing tunnel through
| the MIN Range of the Rocky Mountains.
| throl me base of James Peak and
hAviIg lt8 eastern portal near the rown
| OF Iol4ud, Gllpin County. on the line
Of rs .Iygy Of The Denver, Northwestern
ana L-elic Railway Company. and its
wssteEn portal near the town OF Arrow.
y ST GSs9.y as ss Of and tst
| tic X 'lWBy Company together with the
neces afy approaches to both the Bast-
| srn aHl Western portals of said Tunnel; !;
| BAto luUnel to be sufficient In size. char
acter and capacity to permit OF the con-
| strucuon Of single-track railway to be
| opera ed by steam or electricity and to
perm Of the convenient operation OF
railwly trains through the same. and not
to exceed In length five miles.
Sec Z Within sixty days from the
| taking effect of this Act. and before any
bonds hereby authorized are issued or
used for any purpose. The Denver.
Northwestern and Pacific Railway Com
pany and The Continental Tunnel Rail-
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
| fer, all tights of way to both tunnel sites
and approaches thereto. filings, surveys.
| maps Plans estimates and data con-
nested with and necessary for said pro-
posed tunnel which are now owned or
possessed by said The Denver, North
wsstern and Pacific Railway, Company
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
from the taking effect of this Act con-
tract or lease prepared and executed by
the State of Colorado and This Denver
!
pany and The Continental Tunnel Rail
way Company, their successors and as
signs which shall upon the considera-
tiens in this Act provided. give to $:
The Denver Northwestern and Pacific
Railway Company, its successors and as
signs the right to use said tunnel foi
RAILWAY purposes until the maturity oil
the bond issue herein provided for. to.
wit: fifty years from date thereof; upor
the terms and conditions in this Act SET
ferth, and also providing that The Den
NJ hxx, aSt a n 81 Pacific
shall give a good and sufficient security
satisfactory, to the State Tunnel CON CON,
mn OF said The Denver. Northwestern
aad Pacific Railway Company, Its sue,
esssors and assigns for tho PasmeSSt sI Stst, o.,
Tunnel Bonds. issued under the provis'
aeI Commission for the State OF Colo
charge for such use. the maturing in
torost on the total bonds Issued hereun
der; together with all necessary ex'
Seir, which shall constitute fund to be
u3Sl solely for the purpose of paying
such interest without further order:
shall also be provided in said Contrac' I,S
that The Denver. Northwestern and Pa,
clfic Railway Company. its successors
and assigns. shall maintain said Tunne
In n nrst-class and safe condition. ahS
in case The Denver. Northwestern n ane
Panific Railway company. Its successor
and Assigns snail at any tune be cai.e
upon to pay, and shall pay the principa
of ali OF said bonds at any time ISSUED
under the provisions OF THIS Act ana IN
Guiding all interest on said oond ISSUE
which has heretofore been IN a. paia oy wn,nt IN
il due and accrued at the time OF sucf
purchase and all salaries and expenses
Of the Commission and an me eXpensses $,
Bill to a vote OF the people incurred oy
the state, then the title to said Tunne
shall vest in said The Denver Nortn'
western and Pacific Railway company
its successors and assigns, and the state
of Colorado shall by proper deed or con.
veyance transfer the property and riEnti
| hereinbafore transferred by said Ine
| Denver. Northwestern and Pacific Rail
way Company and Tho Continental run
mel Railway Company, together with IN Ihe
said tunnel and tunnel rights TO said me
Denver Northwestern & Pacific Rail
way Company its successors and as,
signs. and the State of Colorado snail
cease to have any interest," sftee anS ny'e transfer
of tunnel rights as last above noted the
Tunnel Commission shall make 1in1,
report to the Auditor OF state anG sna.,
| then cease to exist as state runner
Comwission.
| At the time the contract provided for
in this section is entered INTO petWeeH
the Tunnel Commission; on r,syelt oenaa ern on
and Pacific Railway Company ana tne
Continental Tunnel Railway ConipdinyIi ANY
their successors anl assigns, tHeie 9iiai.
be Included in said contract n clause by
which the said railway company agrees
with the State that by the time saia luh
mel Il completed said railway company
will have established through service pc.
tween Denver Colorado. and SAT- Lake
City, Utah. through the completion mp nsnrsr OF
Northwestern and Pacific Railway Com
pany IT, successors and assigns. i . or roti' ~
the building OF connecting line OF raj @
way between Orestod station on inc
Denver Northwestern and PacifG kaii,
way and Dotsero station on The Denver
and Rio Grande Railroad thus insurins
direct and through traffic through saio
tunnel between said above named citles.
At the time the contract provided ,nasp hop
in this Section Is entered INTO petweeI
the Tunnel Commission on behalf OF the
State. and The Denver Northwestern
and Pacific Railway Company. IT'S sue
oessors and assigns. there shan De m
eluded In said contract cl9'lse py W.. Wn.s. u,s,
the said Railway Company guarantees
the fun and for final payment st OF al
bonds Issued hereunder and all interest,"
aocruing thereon and the faithful per-
fornancs Of all contracts. shall deposi. ns!s
with the Tunnel Commission tlrst class
negotiable security or bonds as col,a,eia,, t,