Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-10-24
RrranEa Horse Fair.

II
Another stormy night, which interfered
with the arrangements made for the second
day. II ceased raining about A. NJ. AT
2 o'clock class No. was called for-Double
Team Trotting. The horses entered not aP-
pearing, the class was withdrawn. Az 1880
class No. S-Pacing or TrOtting, for fastest
trOttiug Gelding or Mare, best in 5, mile
heats, for purse of $25.
Entries-Ed. Russell, Cleveland, "Union
Jack" (4); Erwin & Extine, COlumbianna
county, "Grsy Eagle" (Dj VIM. Fee, Ba-
Eotta, "orphan Boy" (2)i B. HickOx, Bur-
ton, "JOhn Hickox," (s).
Orphan Boy took first heat in 2'4O. The
second was dead heat between Orphan Boy
and Gray Eagle-time, 2:4s. Third heat
was taken by Union Jack in $50. Four h
heat and race were won by Union Jack, Of
Cleveland, in $50.
The stallion race, postponed from yester-
day, came off st P. NJ, and was won by
Excelsior" owned BY P. ThOmPsOnj time
S.O4.
The trotting race, fastest Gelding OF Mare,
came of at P. M, for purse of S5O-best
in 5, mile heats.
-"Reindeer'' (3), Cleveland, en-
tered by Thomas MeLane "Chas. Hickox"
(4). entered by B. Hickcx, Burton; 'Ike
ssadden," (2), MassillOn, entered by G. Zee
leyj "GiPsey," (D, entered by A. h. Mylin,
Dalton.
Ike Stadden took three straight heats
Time, 2:41-2.42-2;5O. Reindeer was drawn
on third heat. Gipsey, by an accident,
when near score, starting per % heat, took
fright from sulky being stove in nccidently,
aud ran, breaking out of the gates of the
Fair Ground into the road, throwing the dri-
yer before leaving the track. No damage
done, except breaking sulky.
On account of bad weather, third day
has been added to the Fair, on which occa-
sion the best show Of the season will take
place. Ths following is the programme
The Double Team trOt is TO come off at
o'clock P. NJ.
Double team trot for 5000 between
the four best double teams in Northern
Ohio. Geo. Zeilly names Gipsy and Ike
stadden; VIM. Fee names Orphan Boy and
True John; T. McLane names Reindeer and
Union Jack; B. Hickox names Charley
Hiekox and John Hickox.
Running Purse-Trotiing Match.--The
running match and the trotting match be-
tween four year olds, will also take plsee on
this day.
Also, Equestrianism--Class No. 10. The
whole to conclude with the grand Mule
Race. This Programme will make this the
great day of the Fair. H.
THE CRY AND THE CLEVELAND GAS L1eHF
AND COKE CoMPAxE.-In our report of the
proceedings of the City Council yesterday
morning, We noticed briefly the submission
of communication from Ranney, Backus
& Noble, Attorneys for the Cleveland Gas
Light and Coke Company, relative to an
ordinance that recently passed the Council
for the regulation of the price of Gas and
Gas Meters. The iollOwingis is the commune
cation in full:
CLEVELAND, Oct. %, 1861.
HON. E. s. FLINT, Mayor
Sir:-We are instructed by the Cleveland
Gas Light and Coke Company to say to you,
and through ycu 70 the City Council, that
| itsattention has been called TO the Ordinance
recently passed by said Council, bearing
date the 18th inst, and entitled Gan Ordi-
nance TO regulate the price of Gas snd Gas
/ Meters." We are further instructed to say
| that said Company is advised by its Coun-
sci to say that it is under no obligation to
comply With the provisions of that QTdi-
nance, for the following reasons;
let. Its charter is q special one granted
under the old constitution, and containing
no reservation in favor of the City Council,
or of ony other party, of the power to Greg
ulate the price" of the article it is author
lied to manufacture and sell.
I'd. The statute, under which the City
Council is advised it has the power to act in
the premises, was passed under the new con
stitution, the I'd section Of the 18th article of
which provides that Corporations may be
| formed under general laws, but all such
laws may, from time to time, be altered CT
repealed" In 1852, general laws were passed
for the organization of corporations, inelud-
ing Gas ompanies, and for the organization
and government of cities. In these, then,
there was no provision for the regulation by
the city authorities of the price Of the gas
furnished by the gas companies. In pursu-
ance, as it was assumed, of the above proYis-
ion of the constitution, the Legislature, in
1858, passed the amendatcry act referred TO,
making the same applicable to companies
that have besn or may hereafter be estab-
lished."
A reasonable construction of this act, it is
believed, would confne its retrospective op-
erations to companies that have been organ
lied under the present constitution. But
Sd. Whether The Legislature intended Sc
to do or not, it could not pass a law Of any
validity, so long as the Constitution Of the
United States shall remain in force, that
would "alter or impair the validity of con-
tract" That such charter as thatin ques
tion Is a contract is too well established By
judicial adjudication to require the citation
of authorities here.
That the exercise by the City Council o.
the assumed power "to regulate the price
of the commodities in which the Company
is authorized to deal--invOlVing as it doeI
the right to fix pricethat would be merely
nominal, and thus TO drive the company ou
of existence-is an act which "alters and
, inpairs the validity of this contract" if
too obvious TO require argument
For these, as well as ether reasons tha
might be adduced, we are instructed by the
Company, with all due respect, to say Il
you, that in its dealings with the city anC
its citizens, it will in no manner admit, o
recognize, the validity of said Ordinance
but will insist hereafter, as heretofore, upol
} payment by the city and its citizens, re
spectively, of the prices agreed upon, o
= fixed by itself, for the gas and gas meter fur
| ,,fahod hrr ik aOnnaNfnn ot tho
the right of every consumer to stop the con
} sumption Of gas whenever he believes th
price charged to be unreasonable.
| With great resuegt