shall be unable to furnish the required information, the reason thereof shall be given.

The auditor shall prepare and furnish to each railroad company, or to each organization having one or more railroads in charge, blank forms for making the reports required by this act, which blanks may be so prepared by the auditor as to obtain the information required by the foregoing inquiries more in detail, or omit such of a historical or permanent character as may have been given in previous report.

Sec. 25.

This act shall take effect and be in force from and after its passage.

The foregoing act having been presented to the governor of the Territory of Montana for his approval, was, on May 7th, 1873, returned by the governor to the council in which it originated, without his approval, and with his objections thereto. The objections were entered at large upon the journal of the council, the vote by which the bill had passed was re-considered, and on the question, "Shall this bill pass, the objections of the governor to the contrary notwithstanding?" it was passed by a two-thirds vote of the council. The act was then immediately sent to the house of representatives, together with the objections of the governor. The vote by which the bill was passed was then immediately reconsidered, and upon the question, "Shall this bill pass, the objections of the governor to the contrary notwithstanding?" it was passed by a two-thirds vote of the house of representatives.

RAILROADS.

AN ACT enabling and authorizing any county or counties within the Territory of Montana to aid in the construction of a railroad, and to subscribe to the capital stock of the same.

Be it enacted by the Legislative Assembly of the Territory of Mon

tana:

Section 1. That from and after the passage of this act it shall be lawful for the county commissioners of any or all of the counties within this territory to submit to any incorporated company now organized, or that may hereafter be organized, to construct a railroad into or through this territory, a proposition to subscribe to the capital stock of any such company proposing to construct a railroad from either the line of the Union Pacific, Central Pacific, or Utah Northern railroads, into or through the Territory of Montana, not exceeding twenty per cent of the taxable property of said county, upon the terms and conditions hereinafter prescribed, namely:

First-It is hereby made the duty of the county commissioners of Madison, Jefferson and Gallatin counties, respectively, to submit to the qualified electors of such counties, at the next general and annual election, a proposition to take and subscribe to the capital stock of such company fifteen per cent of the taxable property-real, personal and mixed-in the following manner, to wit: Two per cent upon such taxable property at the time said railroad shall reach and enter such county, to be ascertained by the assessor or assessor's annual returns next thereafter made, and the remaining thirteen per cent of said subscription to be estimated upon and controlled by, the assessor or assessor's annual returns, made for the year eighteen hundred and seventy-six (1876): Provided, Said assessor or assessors shall proceed, on and after the first day of February, eighteen hundred and seventy-six, to make the annual assessment for that year, and shall complete the same as soon as possible; that a proposition of like effect shall also be submitted by the county commissioners of Meagher to tax and subscribe ten per cent, two per cent of

which shall be levied upon the taxable property-real, personal and mixed-of said county at the time said road reaches and enters the same, to be ascertained by the assessor or assessors' annual returns next thereafter made; and the remaining eight per cent to be estimated upon the returns of the assessor or assessors, as provided for the counties of Madison, Jefferson and Gallatin; that a proposition of like effect shall also be submitted to the qualified electors of Lewis and Clarke county, by its board of county commissioners, to tax and subscribe to the capital stock of said company the sum of twenty per cent of assessible property of said county-that is to say, two per cent of the value of the real, personal and mixed property of said county at the time said road reaches the line of said county, to be ascertained by the annual returns of the assessor or assessors next thereinafter made, and the remaining eighteen per cent after said road shall have been completed to Helena City, in said county, to be estimated and ascertained in the manner herein before provided for the counties of Madison, Jefferson, Gallatin and Meagher.

Second-The same to be payable in the coupon bonds of such county, payable in thirty years from the date thereof, with interest at the rate of seven per cent, payable annually at the capital of this territory or in New York city, at the option of the holder, the same to be delivered as follows: The said two per cent upon said road, reaching and entering the boundaries of the respective counties, and the amount ascertained as aforesaid, and the residue as provided herein to be delivered upon the completion of said road, and the putting of the same in good running order and general operation to the city of Helena, and the amount thereof also ascertained in the same manner hereinbefore mentioned; and in case counties other than Madison, Jefferson, Gallatin, Meagher, and Lewis and Clarke counties, through which said road shall not traverse, and who shall so subscribe to the capital stock of such company, the bonds of such county shall not be delivered until said road shall be completed to the city of Helena.

Third-Such road to be of the first class in its construction, rolling stock and equipments, and of gauge not less than three feet.

Fourth-The same shall be completed and put in good running order, well furnished with rolling stock, and put in general operation into this territory, and to the city of Helena, within two and a half years from the thirtieth (30th) day of September, eighteen hundred and seventy-three (1873), and shall place the said city of Helena in railroad communication with the Central Pacific, or Union Pacific, or Utah Northern Railroad, within two years and a half from the said thirtieth (30th) day of September, otherwise the contracts herein named to subscribe to said stock shall be null and void on the part of the said counties, and all liability by virtue thereof cease, and said company shall continue the said road as common carriers until said bonds shall be fully paid. Notice of said proposals shall be duly given to the officers of the Utah Northern Railroad, Central Pacific Railroad, and the Union Pacific Railroad, as also in one or more newspapers.

Sec. 2. When When any such company shall accept such proposition, or one substantially the same, the commissioners so making the same, or their successors in office, shall enter the same at large upon their records, and shall, at the next annual election thereafter, cause to be submitted to the electors of their county said proposition for their approval or rejection; and if a majority of the electors at such election shall by their votes approve of such proposition, the same shall also be entered at large upon their records, and the said commissioners shall immediately enter into a contract in writing with said company, in accordance with said proposition and acceptance, so as aforesaid approved, but no liability shall attach thereby until said contract shall be performed as herein specified; and when the same shall have been performed upon the part of said company, its successors or assigns, as herein provided, the full faith and credit of any such county is hereby forever pledged to the full payment of both the principal and interest thereon, and the same is hereby made a legal and valid charge upon the taxable property of any such county, and the said commissioners shall then, at the expense of their counties, cause to be issued and delivered the coupon bonds aforesaid, countersigned by the county clerk, expressing thereon the terms and conditions herein provided, which bonds shall be

numbered and registered in a book for that purpose, which shall at all times be open to the inspection of the public.

Sec. 3. At the time of the delivery of the bonds as herein provided, said company shall issue to said commissioners, for the benefit of such county, its certificates in the capital stock of said company, in shares to the amount of such bonds so delivered, which certificates shall not be taxable while held or owned by said county, but which shall entitle said commissioners to a voice and vote in said company according to the amount of stock so subscribed, the same as other stockholders in said company, which certificates shall be registered and numbered in a book kept for that purpose, and at all times be subject to the inspection of any citizen of this territory.

Sec. 4. The commissioners of any such county receiving such certificates of stock may at any subsequent annual election submit to the electors thereof the proposition to sell such certificates at public sale, and if a majority shall favor such sale, then said commissioners shall advertise the same for sale, in the manner prescribed for the sale of real estate by sheriff's upon execution, and apply the proceeds thereof to the payment of said subscription to said stock, or otherwise, as may be provided by law, and a full record of all their proceedings shall be kept for the inspection of the public generally.

Sec. 5. The notice herein provided for elections shall be given by publication in one or more newspapers published within such county at least thirty days before such election; or, if no newspaper be published therein, the same shall be published for the same length of time in one or more newspapers published in the territory, most likely to give general notice of the same.

Sec. 6. There shall be separate ballot-box and separate poll-books for receiving and entering such votes at the election herein provided for; the ballots, or votes, shall contain the words "Railroad Subscription-Yes," or "Railroad Subscription-No," and the same rules, regulations, liabilities and penalties prescribed for the conduct of other elections, and liability of officers thereof, and electors, within this territory,