The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-02
SUPREME COURT DECISION.
The Legality of the Crescent City
Gas Light Company
Established.
Justice WHY'S Opinion in Full.

Gas Light Co. The State of Louisiana In
tervenor-The city of New Orleans Inter
venor - Appeal from Superior Distric
Court, parish of Orleans.
The important questions presented in thii
case are the following:
1. Does the petition disclose cause of &C.
ton.
e. Is the act of March 1, 1860, extending
the charter of the New Orleans Gaslight Com
pany, as now established by law, from Isl
of April, 1875, to LIST of April 1895. repug
nant to Articles lis and 116 of the Constitu.
ton Of 1852, requiring the object of every law
to be expressed in the title, and prohibiting
the revival and amendment of law by refer.
ence to its title.
3. Are the acts of Goth of April, 1870, and
10th of July, 1873, incorporating the plain.
tiff company and comforting on it the sole and
exclusive privilege of making and vending
gas in the city of New Orleans for fifty wears
from 1st of April, 1875, repugnant to Article
u4o the Constitution of 1868, requiring the
object Of every law to be expressed in the
title, and likewise repugnant to said Consti-
tuition in SO far as the said acts create mo-
nopoly in favor of plaintiffs.
Other questions arise in regard to the rights
of each OF the intervenors which will be stated
hereafter.
In order to determine whether the plaintiff
discloses cause of action, it will be neces-
sary to consider the allegations Of the petit
ton, which, for the purpose Of the inquiry,
must be taken as true. Plaintiff alleges that
by the act approved April l, 1885, the de-
PENDANT obtained from the State of Louisiana
. charter. amended March 10, 1916, and also
on 18th Of March, 1854, conterring on it the
sole and exclusive right to make and vend
illuminating gas in the city of New Orleans
fr>rkv i, 90
sat ,ohich period all the corporate privilege of
said company shall expire.
That the defendant, the New Orleans Gas
Light Company, has continued to enjoy all
of the franchises aforesaid until now. That
plaintiff the Crescent City Gas Light Com
Pany, obtained from the State of Louisiana,
by act Of April Goth, 1870, a charter, amended
July 10th, 1873, granting to it the sole and
exclusive privilege of making and selling gas
in the City of New Orleans for fifty years
from LIST April, IT'S, the period at which
cording to the terms Of its charter, granted in
1885.
Petitioner further shows that the act ap-
proved March LIST, 1861 entitled an act to e1-
tend the area of gaslightipg in the city of New
Orleans, and to reduce the price now paid by
gas consumers, which act provides that the
charter Of defendant, the New Orleans Gas
Light Co., as now established by law, shall re-
main in full force and effect until the LIST day of
April, 1895, is unconstitutional and void, and
no rights accrued to defendant hereunder,
because said act was passed in violation of
articles lis and 116 of the Constitution of
1882 then in force nevertheless petitioner
shows sand AYERS that the New Orleans Gas
Light Company, aforesaid, has been assuming
that its said charter will not expire until LIST
April, 1896.
Petitioner now further shows that the COM
pany, plaintiff in order to avail itself of the
exclusive privileges to make and vend gas in
the city Of New Orleans, from and after the
eighth section of plaintiffs charter, as afore-
said, will be obliged to expend larger
sums of money exceeding 81, OO0 900, in the
erection of suitable works, buildings, fixtures
machines, etc., etc., and in laying mains,
pipes, ETC., 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
time fixed when the privileges Of the COM
pany will commence.
Petitioner shows that it is of paramount i'm
portance, both to plaintiff and the public,
thatthe said works and prepare tons shall SO
be completed, and that it the company is pre-
vented from so completing its works before
the LIST April, 1875, it will suffer irreparable
loss.
Petitioner now further shows and AYERS
that the assertions and claims of the New
Orleans Gas Light Company to the pretended
extension of It's charter for twenty years be-
yond the LIST April, 1875, as aforesaid, Is a
SANDER upon the title of plaintiff to the rights
and privileges in its charter contained, as
set forth.
Petitioner further shows that the said pro-
tensions and claims of the said New Orleans |
Gas Light Company are calculated to and do
impair the value of plaintiff charter and the
credit of the company, and are calculated to
and do impede the company in its efforts to
complete the necessary preliminary works as
and thereby cause plaintiff damages
largely in excess of five hundred dollars and
work plaintiff an irreparable injury.
Petitioner further shows that unless the
pretended extension of the charter Of the said
New Orleans Gas Light Company can be adj
Judged null and void, and unless the said
company shall be forbidden by decree of
court from asserting such attentions and
thus the cloud be removed from the title of
plaintiff s charter, plaintiff will suffer still
greater damage and lrreparable injury; all Of
which can and will be fully and specially
Ihown on the trial.
Finally, petitioner shows that a writ of in
JUNCTION is necessary to prevent the New Or
cans Gas Light company ana us oncers and
directors from arresting any right or claim to
make and vend Illuminating gas in the city
Il New Orleans from and after the LIST day of
April, 1875, the date of the expiration of the
,harter of the said company as aforesaid"
The relief prayed for under the foregoing
Illegations, is that the plaintiff be decreed to
AVE the sole and exclusive privilege to make
md vend Illuminating gas in the city of New
orleans for fifty years from April / 1875: that 3
he Act of March l, 1860, extending defend
nt's corporate life and privilege to make and {
end Illuminating gas In New Orleans from
April l, 1875. until April l, 1895, be decreed t
and void, and that the de- I
endant be enjoined. restrained and prohibit t
d from assuming or claiming in any manner
be hight to make and vend Illuminating gas a
fter April l. 1875, or from attempting to con- e
niue to make and vend it after said date.
It appears from the foregoing allegations, i
,b;ch vnuat be taken az true. that the plain