, 1876-12-02
BILLINGS & GO.
Conclusion Of the Arguments In
the West-Side Gas Case.
Judge Drummond Suggest, that the
City and the Gas Company
Come Together,
Each Mako Concessions and Sccnrc a
Settlement satisfactory to Doth.
The Court Holds that the City Has No
Blight to Goerco the Company,


The gas.fn(unction ca1e OF Garrison vs. Tho
City Of Chicago was concluded yesterday tc-
fore Judge Drum1nond, having been postponed
frotn Wednesday. It will ho remembered that
Judge Drummonl suggested Oh Wednesday,
alter two-dnys' argument, TINT tho
parties to tho suit should hold 4 con-
sultatton to sce II some a,ntcat1o settlement
could not ho tnadc. But yesterday mor1l-
Ing Mr. Anthony, for tho city, md Judge
Bcckwath, for the complainant, stated to Lilo
Court that the tlino Ind been 80 short that, al
though they had made considerable cxcrtions,
they fad not bccn abte 10 arrive at any Ic1nto
result.
JUDGE nEcKwlrn
proceeded TO close bis argument In favor Of the
complainant. He took up and dwett at
sono length upon the question OF the
Ind been entered into between tho city and tI.e
pcoulc's Gas-Ligtt ahd Coka COMPANY. Ije
pointed 10 tho fact that tho COMPANY was
Obliged TO my the yast 1lctwnrls of inaina ahd
sou that, under thu city charter II It refused to
do So it rendered Itself linblc to IN action Of
quo watratIto at tho hands of tho city. Threats
that eueh aii action would bo brought had bcct,
,,m'!' naa!de' to his pcrsonal knowle:ge and II was
West Division. The city l,atl always i1atl cor.
tro', and still retained rontro1. over the amount
ol gns which the Cofnpany vas to furnish. It
time In which Tho lamps should he lighted, md
atso provide What number aIlou1d fo lighted
IT could not, however, step IL and arbitrarily
redure tho price to ollc-llalf that GSed by tI,a
cDntrnCt.
The city was not bound to sake gas for cycry
lamp-EM,st erected, although there might be at
equitable Or inornl claiin On the part VI tho
rroperty,owncr VINO Ind paid assessments for
tho creytion Of such lntnprposts TO have them
used. This constituted no check upon the gov
erntIentaf powers Of the Council, Binrc it could
any wl'ht amount Of gas the city would take.
Tic cost OF oil would exceed that Of gas, anil
10 No comparison retwecn te tro tor ol tGe cave
no diius!sc light, such AZ WIS Ngeded on tho
streets uf Q city. The only design of the Cvul,-
e!l was to foreo tho Gas Company to take less
than they t1atl contracted to bc paid. There
was not q urcscnse Of reform Or retrcnct,rnetIt
tn tue whole nlattcr. and the effort now being
tnn1e was not NIL honest exercise of Judgment
on tue part Of tho city authorities. It was re-
sort TO brute force, atnl t1nlo q comparison be-
tween tue present Council md their prcdorcs-
sHrs, Of whom sucl! llard things las been said BY
the Corporation Counsel, to reflect very dis
eFetlitnb}T upon the present body.
=. Tile object OF tho Legislature when II passed
considered, mt by what Noall Webster or Wor-
ccster Thought certain words mlcallt, but By the
evident Intentions Of Tic Legislature. Tic re-
strictivc clauses contained notlllng that was not
for n.oro t'nn o,,y year: There was no de:,
rlund TINT thu city should pay otc dollar With
out an appropriation. but 1t wns only fairnrss
thc eity qseu tl'e property Of the Gaa CosnIn
~ thas It. a slo,a pay iof such tse. The Gas
was improperly Interfering with tho samo tl,u
Court should gtTc such redress as equity re-
4uircd.
THE counr's DECISION.
This closed the argument III tho casc, anu
Judge Drutnmonl said:
There orc eot1c icgal questions connected with
ths Gase tint arc very imiortant, and in rraton
to which: perhaps, /. might be nsceftaTy to Rlyo
t46le 5n,sdletion of t.e Gou.t; another IL III rela
ton to he neweF e. this city to make ts contae.
thns can lmaglno TINT facts may cxist IN resnn
ropst hid It'll for te e ssy to 81 aKs Ms eo,issss
Il IL conceded that ttat might BE- done In rslnttDn
to various pnblie works; % 10 the supply Of tllu
%sh "as ~ n to sune thst hare bss
public works, which might require longer line /
than one year for their completion In such caso
i euntraet WIS. mado for lhc connsi,cemrn;
md progress Of the execution u such work that
% nsppropFiaioa can b made by. tho city, whtch
would coyef tho whole amount Of tho expenditure
lnsoIvcd That might BE- applicable to The case Of
thp sapl'x Of t!,s elty sth xas. 50 that, II taking
VI ln1 EAsU HID QEG0huI. IT
apptats tint 1t gould nut bc expected tEat the ex-
pcmditnre ahoult bu Incurred 70 supply tJr ciiy
yitn ~ ,yithaut some contract being ,,ac, which
'saton 70 that partcnlar subjrct contained III the
% 1 i1 It Ill wy s IL tse oeI ns sas!s
!aet war, that w had ,tartea i,om tic 'bcsna"as
'f ths hnF'SS 'ypSsssp sf ssRp'n ' ey yy WITH nv g'
would not cunttruct tho necessary sas
sn xSfsn d aG t%It Gn tho ',ppy +, thsH ap
:apsetsd that any thrl pa;ty would ileur the sets
upon mere agreement 10 snppiy ~ s tbs h.
:ty for i shofs iilnrT Would it nos be- Gxpect.
d. IN other worlds that thors etonia he ao1,,s ,pr-
ay as IT, soai aSf 'hp n a *st sSua t.
lot nnreasonaIls shat contraes lnght II I bo naJ ~
Nov, fha!v not locked fntp lhe history of t1,eso
!, ttcn hut I. ,'poh 50 doing, i thnnld turn out
hat t'Sss prasIlss would app'y m sash
contract could 10 made for ~ Longer
erm thAn ona year. 10 net at presunt
i,at roit hvto my f Is fass S!s wtl With nm
lot fan,!at. and which might becuu,u nattor DI
sidense: ' ltaSs @ n9 stoubs That AZ approximation
an, bn raid out except npan an appropriation
aadcn1 more In this case than in any other caee,
ven In easu where tho contrlet WINS to run far ]
onTcr per!nl than ono ycar, anil confessl hardly
nlerBtana thu i!stncti1n calmed by COUNSEL Of |
e city when he sA}s that n0 c1ntruct ca, bs lnudc
xc1nl It IL for longer eIn thah oIlu yuar, except
I up1u An appropriation actually nluaa anu
fonIa lkn to Inquire, ~ matter Of practical ex-
trienct. whether in point Of tnct tncra hnb always
ecu, a',d nlwpya H. hetorc q contract Of amy kind
maGa !n*blstnK m expenditure, whether tho ap-
for thu expenditure III made because 1T
a very ttlhcu't thing to tell suHcttulc4 Lcfota.
md precisely what the expenditure II going to be.
Mr. Anthony tatd he Ind ncTeF heard VI il COLI
act Of any magnitude being ulndo slncc this pro.
|ston tn tto city Charter was enforced, except
here eA appropriation Was tnalu VI ths precisc
mount. lowet had generally been had fut thos|
Judso lleckwlth-Approprlat!on had been made
~, Anltuny--Anu ,nssibly fQr e1tsn wurk.
The Conn-Aftsr maki,.3 tliqsu observations, 1 |
III unty repeat what said the tIay brturo yester.
~, that hero IL u company Tint IL furnished with
~ means 10 supply tho city Will gas, and hers j.
city that needs Jus. dO not very we'll sru how
IL to ls lighted on ths H1st Side, except lhruagh
ie Incans which s!u already fHrnlshcss-thAt ID, J.
tlstactoriy lighted aecn,s 10 my t!,at il II tof
10 RatGu1 common Interest u bath parties,
II ely and tho Eas cGn!paDy, t!at ono 1
,unll furnish xas, md the 0tiut should lakn a,l
ID 1t, Now, FROM the k1nrt that has been naiI.