Elbert County tribune and Elbert County banner., 1920-10-08

in provided. which shall be handled as
herein provided and otherwise in ac-
cordance with the provisions OF the
Constitution and the laws OF Colorado
Tor the handling of state funds.
Said bonds shall be issued in desomi-
nations OF one thousand dollars. five
and fifty dollars. in such proportion
quire.
These bonds shall bs exempt from all
in conducting the sale OF said bonds.
said Commission shall make public ad-
the State Of Colorado. and fun oppor-
tunity shall be given to the People of
COLORADO to purchase said bonds.
Section s-a: Following the adoption
oI this amendment the State Raiiroad
Commission Ia hereby authorized to en-
ter into contracts with any railroad
each OF said tunnels, its approaches
connections and equipment. for the
such contract or contracts shall pro-
vide for the payment to the State by
using any of said tunnels OF an amount
estimated by said Commission to be
bonds issued to build such tunnel, & for 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 "a: II any railroad COM
pany. whose lines are go situated as to
use by said company in the transporta-
ton Of persons and property. shall re-
fuse to enter into such contract for
the use OF said tunnel then said Com
mission is hereby authorized. after due
notice. to hold a public judicial hear
ing for investigating to whether the
use OF said tunnel would decrease the
dangers. delays and expense of the
transportation of persons and property
by said railroad; to determine the
value of the use OF said tunnel by said
railroad company. and to make an or
Tallrnad N n
uss said tunnel on terms and conditions
| to be prescribed in the order of said
| IN suit in mandamus in the Supreme
| Court of the State. The orders OF the
duty of any railroad company to COM
| ply herewith.
The said Commission shall also at
least once in each year. after a public
nearing, fix the charges for the use of
SAID tunnel for purposes other than
railroad traffic as herein authorized.
come final and binding at the end of
thirty (3O) days after their rendition
unless tbdsiId an appeai: which is hereby aH. ~,
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
tunnels.
Section 5-a: AS soon as practicable
after a,a;,rs the sale Of said bonds, the State
contemporaneousiy let to the lowest @
and best bidder in the opinion of said
Commission. contracts for the con-
nels. which contracts. under proper
safeguards guaranteed by bonds to be
approved by the said State Railroad
Commission. shall provide for the
prompt construction of said tunnels. In
case contracts satisfactory to said
Commission for the construction of all
or any OF said tunnels cannot be made.
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
under its own direction such construc-
tion of all or any part of said work
may be necessary and advisable. pro-
vided. however. that the construction
oraneously conducted. Amy contract or
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
for the construction of said tunnels.
preference shall be given to citizens OF
tae United STATES and SO far Rratt
State of Colorado; and contracts made
| by said Commission for the construc-
shall provide for such preferences in
the employment of labor and purchase
Section Ga: Tho State Railroad
Commission shall exercise general su-
pervision over the issuance of said
tunnels. their connections and equip
ment. and OF their operation II neces-
sion. subject to the approval of the
Governor the appointees necessary to
the conduct Of said work and in all re-
CARDS see to the protection of the
rights and interests therein of the Peo-
pie of Colorado.
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
nels as determined by said Commission
after full investigation. The result
Of said Investigation and the estimated
| size and cost of each of said tunnels,
with Its approaches. equipment and
connections. shall be certified by said
no part of any of said funds shall be
used for any purpose other than the
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
and retired. the amount realized from
the use of said tunnels shall he apprc-
the Improvement of conditions o. trans
portation in the State of Colorado.
Section 1-a; The cost Of the work
equipment of each of said tunnels shall
| be paid out of the fund apportioned
| therefor, upon warrants drawn thereon
by the 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 Commits
| sion, including the salaries of the men,
| bers of said Commission as the same
may be fixed by an act of the General
| Assembly and the salaries of all ap-
| 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