New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-29
IS THE GAS ELL CONSTITUTIONAL,

To the Edttor Of The TrtbUns.
SIR: My opinion has been requested as to ths
constitu.lonay OF Senate Bill No 3l5, entitled sAn
Act TO establish the Board OF Lighting Commissioners
for the City of New-York The provisions OF the bin
necessary to be considered are briefly follows:
The Act provides for the creation OF Board consisting
OF three persons whose duties among others to ascer
tain and state the amount OF cash capital actually lad
OF the companies doing business IN the City OF New
York. The annual income beyond 10 per cent on the
the cash capital whether by the use OF
this capital only or by the capital and surplus invested
in business is to divided by section OF the Act az
follows VIZ twO-hrds thereof shall be applied toward
the OF the price Of gas delivered the con-
sumers, aud the remaining one-third devoted to the
general purposes OF the corporation. The quality gas
Is fixed by proposed act and the price Is 10 be fixed
from time to time by the Lighting Commissioners
exceeding II 80 per thousand cubic feet
The gas companies incorporated under the general
Act Of ls4s Chapter 81. BY Chapter 3ll of the Laws
OF 1859 they required to furnish gas to any building
upon the written application OF any owner OF building
within 100 feet OF any laid down by tue company
Uudei these acts OF the Legislature the gas compans
have invested large OF money in construction Of
mains aud machinery for the making and supplying OF
gas an are connected with many buildings Ia this city,
In the OF fhe People In the relation OF Kennedy
VS. The Manhattan Gas Light Company. 40 Barbour.
l3G It held that the court could compel gas COM
pany 10 furnish gas any persons Offering " comply
with the general CONDITIONS upon WHICH cOmpany
supplies other persons Aud in the OF Slckles
Tue Manhattan Light Company it held that the
company could of the gas long rs the rates
paid.
As to connections heretofore made we have therefore
the case only authorized but directed ~
the Legislature which tho companies have carried out
AS to such contracts the LEGISLATURE cannot, without
imparing the obligation OF contracts, Interfere. and
OF non that the proposed Act far as 1t prports
TO or establish the price Of gas to be hereafter sup
Flied such buildings nov have connection with tho
MAINS mpars the obligation OF contracts and Is uncon-
stitutIOnal and void.
The powers OF the Legislature to amend or repeal
charter corporation subject to the above lima-
ton. Ia the leading Of Commonwealth OF Massa-
chusetts vs.. Essex Company, Chief-Justice Shaw
delivering the opinion OF court lays down as the rue
that when under power in charter rights have been
arouired and become vested amendment or altera-
ton Of the charter take away the property or rights
which have become vested under legitimate exercise OF
the power granted" The provisions OF Law In Massa-
chusetts relative the amendment or repeal OF the
charter corporations similar TO those oil the state
OF New-YOrk. the decisions or their courts are
universally considered rs entitled TO great weight
have reached a similar conclusion with reference to
the provision in section OF the Act relative to tue gtt
OF portion of the surplus earnings to the consumers OF
gas THIS is simply cOnscatiOn OF property the giving
IN charity by the Legislature private property. IL sub
serves no public purpose and cannot be upheld upon any
theory. -,
have no doubt that this provision is unconstitutional
and void CHARLES L. MILLSR.
Nelc- York. April 81, 1888.