The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-08-13
A Petition in Court to Declare the COmpany'S
Charter Void.
BLOW At HEARTLESS SYNDICATE
Attorney General Moloney Files Pa
pers Declaring That the Pullman
Corporation Has Usurped the
Powers of Municipality and Has
Exceeded Its Rights-The Fight
Against the Souless Corporation
Will Be Determined and Unyielding.
CHICAGO, Aug. |


IN T LEO o'clock yesterday afternoon
I'M Acknowledgement Moloney APP
I4\ peared in the Office of the cir
Ii u cult clerk of Cook county and
filed II petition covering sixty pages of
typewriter legal-eap paper asking for
bill in equity against the Pullman
Palace Car company, and calling upon
1t to show cause why it should not be
prohibit from doing further business
under the laws of the state.
1t is charged by the attorney general
that the Pullman company is doing a
score of things in its corporate capacity
that is not empowered or authorized to
do. Its right to own and maintain the
big Pullman building on the lake front
in which the headquarters Of the Da-
partment of the Missouri of the United
States army ia situated IS directly
attacked. 1t is further charged
that in violation of law the Pullman
company is operating enterprises, in
cluding theaters. hotels, water works,
electric light plants, and gas works;
that it is conducting real estate enter
prises by building, owning, leasing and
renting dwelling houses, and that by
engaging in one or all of these enter
prises it is excsedieg the power and
authority conferred upon it by the act
of legislature under which it is opsrat-
ing.
The powers which the state has con-
ferred upon the Pullman Palace Car
company are expressed in section of
Its charter which, as set out in the at
torney generals petition, reads:
'The said corporation shall have
power to manufacture, construct and
purchase railway cars with all conven-
lent appendages and supplies for per-
sons travelling therein, and the same
may sell or use, or permit to be used
in such manner and upon such terms
as tho said company may think fit and
proper.
RESTRAINTS UPON ITS POWER.
The restraints upon Its powers are
contained in section of the chapter,
which is:
1T may be lawful for the company
hereby incorporated to purchase, ac-
quire and hold such real estate as may
be deemed necessary for the successful
prosecution Of their business, and may
have power to sell and convey the
same"
The company, the attorney-gsneral
says, practically has usurpsd all the
powers and functions of municipal
ity. The making and selling of gas,
the establishment of water works, and
all the powers usually attaching to
cities have been assumed, it is charged,
without warrant or authority of
law, Another thing attacked Is
the ownership Of stock in the Union
Foundry and Pullman Car Wheel
works. its charter, according to the
petition, giving it no power to own
stock in other corporations. 1t IL
charged that the Pullman company
furnishes power to the Allen Paper
Car Wheel works, which is no part OF
the business of a company incorpor ated
to construct and run railway ears.
The petition concludes:
The attorney general for and In be-
half OF the people of the state of Illi-
nois prays the court here for leave to
tile an information in the shape of q
quo warranto against the said Pullman
company. and that it be required to
appear at set day to show by what
warrant it has misused its powers and
franchises, and by what warrant it has
assumed, and still assumes, to exercise
the aforesaid powers, privileges, and
liberties and franchises, and TO show
cause why its charter should not be re.
voked."
The action taken by Attorney Gen
eral Moloney, it is said, means a fight
to the finish" The attorney general
left the city as soon as the petition was
filed and no information was given out
at his Office as to his whereabouts. A
nearing on the petition will be had a
week from next Wednesday, Aug. %,
Dut IL Is not determined what judge
will hear the ease,