The Ordway new era., 1920-10-01

herein provided and otherwise in ac-
cordance with the provisions of the
for the handling of state funds.
Said bonds shall be issued in denomi
hundred dollars. one hundred dollars.
and fifty dollars, in such proportion
quire.
These bonds shall be exempt from all
state. county. and municipal taxes; and
in conducting the sale OF said bonds.
vertisement thereof In newspapers of
the State Of Colorado. and full oppor-
tunity shall be given to the People CT
Colorado to purchase said bonds.
Section ga: Following the adoption
Of this amendment, the State Railroad
Commission is hereby authorized to en-
company or companies for the use OF
each of said tunnels. its approaches.
transportation OF PERSONS and property.
Such contract or contracts shall pro-
vide for the payment to the State by
the railroad company or companies
using any of said tunnels of an amount
estimated by said Commission to be
sufficient to pay the interest upon the
bonds issued to build such tunnel. for
the proper maintenance of said tunnel,
and to create a sinking fund sufficient
to discharge the principal of said bonds
at their maturity.
Section IA: II any railroad COM
pany. whose lines are SO situated as to
make any of said tunnels available for
use by said company in the transporta-
tion of persons and property, shall re-
fuse to enter into such n contract for
the use OF said tunnel. then said Com
mission is hereby authorized, after due
notice. to hold public judicial hear
Ing for investigating as to whether the
use of said tunnel would decrease the
dangers. delays and expense of the
by said railroad; to determine the
value of the use of said tunnel by said
railroad eGmpany and to make an Or r.
use said tunnel on terms and conditions
to be prescribed in the order Of said
Commission. and to enforce said order
in a suit In mandamus in the Supreme
Court of the State. The orders of the
Commission shall establish the legal
duty of any railroad company to COM
ply Herewith.
The said Commission shall also at
least once In each year. after n public
hearing. fix the charges for the use of
said tunnel for purposes other than
railroad traffic az herein authorized.
come final and binding at the end of
thirty 800 days after their rendition
unless an appeal. which Is hereby au-
any party in interest to the Supreme
Court of the state Of Colorado. which
said appeal shall be promptly docketed
and heard by said Court.
No monopoly shall be granted either
by contract or by the orders of said
Commission for the use of any of said
tunnels.
Section 5-a: AS soon as practicable
after the sale of said bonds the State
Railroad Commission shall publicly and
and best bidder in the opinion of said
Commission, contracts for the con-
structfon and equipment of said tun-
nels. which contracts, under proper
safeguards guaranteed by bonds to be
approved by the said State Railroad
prompt construction of said tunnels. In
case contracts satisfactory TO said
commission id t9f the Gonstrnet'3bn bn ada or an
then said Commission is authorized to
make contracts for the construction of
one or more of said tunnels. or for
parts of said tunnels. and to carry on
under its own direction such construc-
tion of all or any part of said work as
may be necessary and advisable; pro-
vided. however. that the construction
of the three tunnels shall be contemp-
liability attempted to be entered into
or created. in excess of the amount
shall be void. In the letting OF. said
contracts, and in the purchase of ma
terials. and in the employment of labor
preference shall be given to citizens Of
the United States and. so far as practi-
cable. to materials produced in the
State of Colorado: and contracts made
by said Commission for the construc-
ton of all or any part OF said tunnels
the employment of labor and purchase
of material.
Commission shall exercise general su,
pervision over the issuance of said
bonds. the work of constructing said
tunnels, their connections and equip
ment. and of their operation II neces-
sary. and shar appoint and commits
Governor. the appointees necessary to
the conduct of said work. and in all re-
CARDS see to the protection of the
pie of Colorado.
The funds arising from the sale of
said bonds shall be divided and placed
by the State Treasurer in three sep
arate funds to be known as The Mof-
fat Tunnel Fund. The Monarch Tunnel
Fund and The San Juan Tunnel Fund.
in the proportion of the estimated cost
of the construction of each of said tun-
nels determined by said Commission
after a full investigation. The result
of said investigation and the estimated d
size and cost of each of said tunnels;
with its approaches equipment and
connections. shall be certified by said
Commission to the State Treasurer, and
no part of any of said funds shall be
used for any purpose other than the
payment of the cost of such tunnel. its
approaches. equipment and connections
until the cost OF such tunnel Is fully
paid.
After the bonds Issued for the con-
struction of said tunnels shall be paid
the use of said tunnels shall be apprc-
priated by the State Legislaturs for
portation in the State of Colorado.
Section. Ia: The cost of the work
and materials for the construction and
equipment of each OF said tunnels shall
be paid out of the fund apportioned
therefor upon warrants drawn thereon
by tho Chairman and Secretary of said
Commission and approved by the En-
gineer of said Commission and the
State Auditing Board. and warrants
for the payment of all other expenses
Incident to the work of said Commis-
sion, including the salaries OF the mem
bers of said Commission as the same
may be fixed by an act of the General
Assembly, and the salaries of all ap
pointees and employees of said Com
mission as the same may be fixed by
said Commission with the approval of
the Governor. shall be paid proportion
ately out of said three funds. on war
rants signed by the Chairman and Sec
retary of said Commission and ap-
proved by the State Auditing Board.
Interest upon bonds issued to build
said tunnels accruing during the Pc
riod of their construction shall be ac-
counted as part OF the cost of the con-
struction