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17th day of November, A. D. 1899, for the maintenance and support of the various state penal, educational and charitable institutions, and the interest thereon; and for And outstanding the payment of all the outstanding vouchers and other vouchers issued. evidences of indebtedness issued for the support and maintenance of the State Penitentiary, the Reformatory, the Insane Asylum, the State Industrial School for Boys and the Soldiers' and Sailors' Home and for the State University, and interest on all such evidences of indebtedness from the date of issue of them, at six per cent. (6%) per annum, all of which indebtedness so evidenced was created in, for and during the fiscal years 1897-1898, 1899-1900.

Interest.

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Sec. 4. The said surplus fund shall be under the direction and control of a board, consisting of the Governor, Auditor of State and the Attorney General, for the purpose of approving the items of indebtedness to be allowed and paid under the provisions of this act, and they are hereby empowered and authorized to allow and order the payment of said indebtedness as fast as the money comes into said fund with which to pay the same; the Auditor of State shall draw his warrant or warrants for the items of indebtedness as they are approved, as herein required, said warrants to be payable only out of said surplus fund, and said warrants shall be issued only to the amount of money in said fund at the time of issue of said warrants.

Sec. 5. In the auditing and allowance of such evidence of indebtedness, said board shall pass upon the validity of all claims constituting the same, and shall audit and allow the same in the order of their seniority, starting with those evidences of indebtedness issued during the fiscal year 1897, and following this mode through the entire four years, as fast as there is any money in said surplus fund, the Auditor shall so audit such evidences of indebtedness allowed by said board, and shall issue warrants therefor in the order herein provided.

Sec. 6. It shall be the duty of the holders of the evidences of indebtedness, the payment of which is pro

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filed.

vided for in this act, within sixty (60) days after the Claims approval of this act, to present and file with the Auditor presented and of State their claims against said surplus fund. In case any person or persons owning any of the same shall not Upon failure so so file such claim or claims, their seniority as to payment to do. shall be rated thereafter as from the date when the same are so filed, and such claims shall not be allowed ahead of any claims which have been allowed, the owners of which have complied with the provisions of this act. .

Sec. 7. In the opinion of the General Assembly an Emergency emergency exists; therefore, this act shall take effect and be in force from and after its passage.

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TO PROVIDE MONEY FOR THE SUPPORT AND USE OF THE
UNIVERSITY OF COLORADO, AND MAKING AN APPROPRI-
ATION THEREFOR.

Be it Enacted by the General Assembly of the State of Colorado:

Section 1. For the support and use of the University of Colorado for the years 1903 and 1904 there is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of forty thousand dollars ($40,000).

Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage.

Approved April 13, 1903.

Appropriation.

Emergency

CHAPTER 51.

APPROPRIATION.

EDMOND E. VON GOHREN.

Appropriation.

Emergency.

(H. B. No. 172, by Mr. Davis.)

AN ACT

FO [FOR] THE RELIEF OF EDMOND E. VON GOHREN.

Be it Enacted by the General Assembly of the State of Colorado:

Section 1. There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of two thousand dollars ($2,000), for the purpose of paying and compensating Edmond E. Von Gohren, for personal injuries received by him at the hands of a convict and inmate of the Penitentiary, while he, the said Edmond E. Von Gohren, was in the service of the state as overseer at the Penitentiary at Canon City, Colorado, in the month of December, A. D. 1899.

Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage.

Approved April 13, 1903.

CHAPTER 52.

APPROPRIATION.

WAGON ROAD-BOULDER AND GRAND COUNTIES.

(H. B. No. 405, by Mr. Cook.)

AN ACT

TO PROVIDE FOR THE CONSTRUCTION, IMPROVEMENT AND
REPAIR OF A STATE ROAD FROM A POINT IN THE COUNTY
OF BOULDER, OVER WHAT IS COMMONLY KNOWN AS
ARAPAHOE PASS, AND THENCE DOWN INTO THE COUNTY
OF GRAND, CONNECTING WITH THE COUNTY ROAD IN
GRAND COUNTY, LEADING FROM HOT SULPHUR SPRINGS
TO GRAND LAKE, AND MAKING AN APPROPRIATION
THEREFOR.

Be it Enacted by the General Assembly of the State of Colorado:

Section 1. There is hereby appropriated out of any Appropriation. moneys in the state treasury belonging to the internal improvement, permanent or income fund, and out of any moneys which may hereafter be credited to said fund, or either of them, and not otherwise appropriated, the sum of six thousand dollars ($6,000), or so much thereof as shall be necessary, to construct, improve and keep in re

pair a public wagon road from the town of Eldora, Colo- Wagon road. rado, and running thence westerly eight (8) miles to what Route.

is known as Arapahoe pass, and thence from Arapahoe pass in a westerly direction down into Grand county, a distance of twelve (12) miles.

Sec. 2. The State Engineer and the chairmen of the ́ board of county commissioners of Boulder and Grand counties shall constitute the board for the purpose of Board of providing for and constructing said road, and said board, provision and immediately, or as soon as practicable, after the passage

construction.

Board

Survey and bids.

of this act, shall go over said route, commencing at the town of Eldora, and shall determine the most practicable determine route. route that said road shall follow in going from said town of Eldora in Boulder county, and over said Arapahoe pass, unto said point in said Grand county, and after determining the most practicable place for said road shall be located along said route, shall have survey or surveys made and shall advertise for bids for the construction of said road, and when said bids are so made, shall let the contract for the building of said road to the lowest responsible bidder for the same, requiring of any such bidder a bond in sufficient amount, as shall be determined by said board, for the proper construction of said road according to the contract let.

Bond.

Board fix

another route.

Repairs.

Certificate of amount expended.

Auditor draw warrants.

No funds.

Paying

warrants.

Sec. 3. Said board shall be at liberty, if they so desire, to take the road from Eldora to what is known as the "Fourth of July" mine, at the foot of Arapahoe creek and to place the said road in good repair, and adopt said road as a part of the road herein provided for.

Sec. 4. When said road is constructed, that part of such road lying within the county of Boulder shall be kept in repair by said Boulder county, and that part lying within the county of Grand shall be kept in repair by said Grand county.

Sec. 5. The said board herein provided for is hereby authorized upon being notified that said road, or any part contracted for, is completed, to then certify to the Auditor of State the amount expended under such contract, and the Auditor of State is hereby authorized to draw warrants for so much of the amount appropriated by section 1 of this act as may be necessary for the purpose of paying the amount due upon said contract for said road.

Sec. 6. In case there be no money in said fund or funds to meet the said appropriation, or any part thereof, at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State for the amount herein appropriated, with valid state warrants

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