New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-02
COURT RECORD.
MONDAY, FEE ,auAnr l, 1876.
Supreme Court.

lowing decisions, an d adjourned to Monday
next:
BY JUSTICE wYLY.
No. 5430. Crescent City Gaslight Com.
pany vs. New Orleans Gaslight Company
From Superior District Court. The import
ant questions presented in this case are the
following:
l. Does the petition disclose cause Of
actionf
2. Is the act of March /, 1860, extending
the charter of the New Orleans Gaslight
Company, az now established by law, from
April l. 1875. until April l, 1895. repugnant
TO articles lis and l16 Of the constitution OF
1852, requiring the object of every law to
be expressed in the title. and prohibiting
the revival or amendment Of q law BY
reference to its title
3. Are the acts OF April 20, 1870, and July
10, 1873, incorporating the plaintiff COM
elusive privilege Of making and vending
gas in the city of New Orleans for fifty
years from April l, 1875, repugnant to ar.
ticle ia of the constitution of 1868, requir.
ing the object of every law to be expressed
by the title, and likewise repugnant to said
constitution, in so far as the said acts Gre
ate q monopoly in favor Of plaintif9i
Other questions arise IN regard to the
rights of each of the intervenoIs which will
be stated hereafter.
In order to determine whether the
plaintiff discloses accuse of action, it will be
necessary to consider the allegations OF the
petition, which tor the purpose of the in
curry must be taken as true.
Plaintiff alleges that by the act approved
April |. 1885, the defendant obtained from
the State Ut Louisiana o charter, amended
March 10, 1916, and also ON March Is, 1854,
comforting on it the sole and exclusive right
to make and vend illuminating gas in the
city of New Orleans for forty years, OF
all the corporate privileges of said
company shall expire; that the defendant
the New Orleans Gaslight Company,
has continued to enjoyall Of the franchises
aforesaid until now; that plaintiff, the
Crescent City Gaslight Company, obtained
from the State Of Louisiana, by act OF
April 90, 1870, a charter, amended July ~,
1873, granting to it the sole and exclu'
sive privilege Of making and vending
fifty years, from April l, 1875, the period ut
which defendants corporate privileges ex
pire, according to the terms of its charter
granted in 1885. Petitioner further shows
that the act approved March !, 1860, en-
titled an "act to extend the area of gas
lighting il the city OF New Orleans, and to
reduce the price now paid by gas con-
sumers," which act proyides1that the charter
of defendant, e New Orleans Gas
light Company, al now established by law,
shall remain in full force and effect until
the FIRST day of April, 1882 is unconsiitu
tional and void, and no rights accrued to
defendant Hereunder, because said act was
passed in violation of articles lis and ll6 of
the constitution of 1852, then in force;
nevertheless, petitioner shows and AYERS
that the New Orleans Gaslight Company
aforesaid has been assuming that it's said
charter will not expire until April l, 1879
Petitioner further shows that the company
plaintiff, in order to avail itself of the ex-
elusive privilege to make and vend gas in
the city of New Orleans from and after
April l, 1875, as aforesaid, granted by the
eighth section of plaintiff charter, as afore
said, will be obliged to expend large sums
OF money, exceeding 81 600, 900, in the erec
ton of suitable works. buildings, fixtures,
machines. ETC., and in laying mains, pipes,
etc.
Petitioner shows that it will be necessary
to commence the construction OF such works
at once, in order to be ready to deliver gas
at the time fixed when the privileges Of
the company will commence Petitioner
shows that it is of paramount Importance
both to plaintiff and the public, that the
said works and preparations shall go be
completed, and that if the company is pre-
vented from so completing its works before
the first Of April, 1875. it will suffer irrepar
able loss.
Petitioner now further shows and avere
that the assertions and claims Of the New
Orleans Gaslight Company to the pretended
extension of its charter for twenty years
beyond the first day of April, 1875, as afore
said, is SANDER upon the title OF plaintiff te
the rights and privileges in its charter CON
tanned, as hereinbefore set forth. Petitioner
further shows that the said pretensiOns and
claims of the New Orleans Gaslight Com
pany are calculated to, and do, impair the
value Of plaintiffs charter and the credit OF
the company, and are calculated to, and do,
impede the company in its efforts to com
plete the necessary preliminary works, az
aforesaid, and thereby cause plaintiff dam
ages largely in excess of $500, and work
plaintiff an irreparable injury.
Petitioner still further shows that unless
the pretended extension of the charter OF
the said New Orleans Gaslight Company
can be adjudged null and void. and unless
the said company shall be forbidden by de-
cree of court from asserting such preten
sions, and thus the cloud be removed from
the title of plaintiffs charter, plaintiff will
suffer still greater damage and irreparable
injury, all of which can and will be fully
and specially shown on the trial.
Finally, petitioner shows that writ OF
injunction is necessary to prevent the New
Orleans Gaslight Company and its officers
and directors from asserting any right OF
claim to make and vend illuminating gas in
the city of New Orleans from and after the
fret day of April, 1875, the date of the ex
piration Of the charter of the said company
as aforesaid.
The relief prayed for under the foregoing
allegations is that the plaintiff be decreed
to bs,ye the sole and exclusive privilege to
make and vend Illuminating gas in the city
of New Orleans for fifty years from April l,
1875; that the act of March ], 1860, extend
ing defendants corporate life and privilege
to make and vend illuminating gas in New
Orleans from April I, 1875, until April l,
1895, be declared unconstitutional and void,
and that the defendant be enjoined. re-
strained and prohibited from assuming or
claiming in any manner the right to make
and vend illuminating gas after the first
day of April, 1875, or from attempting to
continue 20 make and vend it after said
dste.
1t appears from foregoing allegations
which must be taken as true that the plain
tiff under it's charter or contract with the
State has undertaken to begin on the first
of April, 1875, the large business of making
and vending gas in the city Of New Orleans.
an enterprise exclusively conided to it;
that in order to commence operations At
said time suitable works. buildings, fix
lures, machines, the laying of gas pipes,
ETC., have to be constructed, involving an
expenditure of large sums of money, ex-
ceeding ISL, Oo0, 900; that if said works and
preparations are not completed for the
manufacture, sale and delivery of gas by
that time, both the plaintiffs and the public
will suffer irreparable loss; that the opera
tions, pretentions and claims of defendant
that its charter was continued for twenty
years from April l. 1875, by act of March 1,
1860. which is void for unconstitutionality,
are calculated to and do impair the value
of plaintiffs charter, and the credit of the
company. and are calculated to and