New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-14
PART Ii.
PAGES IS TO IS.
THE COURTS.
THE CHICAGO GAS TRUST INJUNCTION.

ARGUMENTS BEFORE JUDGE BIscHoFF-THE
HISTORY OF THE LITIGATION OUTLINED
,rass Rischon in the Special Term of the Court
.. Common Pleas. heard arguments OF counsel
s.s,eriay on the return OF the order TO show
INV a temporary Injunction obtained by William
r Whitner. a Wall Street broker. restraining the
,h,caso Gas Trust Committee from carrying out
s,s nlan Of reorganization. adopted on October l..
.noud not be made permanent The defendants
An the action are Frederic 2. Olcott. Roswell P.
Clower Anthony NJ. Brady. Walter Ferguson. C.
x G. Billings. William ]. Campbell and the Gen.
trail Trust Company OF New-York
Colonel Burton " Harrison. Of this city; J. NJ.
&c. Newlin OF Philadelphia: Walter Alexander and
brown & w9lls. of No. 80 wall-st. appeared in
court yester lay for the plaintiff. The defendants
we're represented by William Allen Butler and
Adrian $. Joline
Colonel Harrison. in presenting the plaintiffs case
70 the Court said the agreement of october J. 1895.
which contained the plan OF reorganization OF the
Chicago Gas Trust was absolutely void and illegal,
both underline laws OF Illinois. where the trust was
originally created, and under the laws Of the State
condition Of AFFAIRS in this case grew out OF an
made on hps the 9r r the pnapU
regulating the sale of gas and thereby creating a
sn2e9 ycontroinns Interest We're the Chicago
and Coke Company, the Peoples Gaslignt and Coke
Ssny and the Consumers Gas Company,
The Attornsy-Gen OF Illinois Colonel Harri-
~ Illinois. an information in the nature OF quo
warranto. with e prayer TO have the purchase ana
stock OF the four independent companies declared
unlawful and invalid The Chicago Gas Company
vas rendered overriding a demurrer 10 the de-
fendants pleas. Upon appeal the supreme court
that the purchase and control by the Chicago Gas
Trust Company Of majority OF the shares OF the
REID that the corporation formed for an un-
lawful purpose. the establishing OF an unlawful
mo
OF gas in Chicago.
Coming down the ,presen, situation, Colonel
effect Of the decision Of the Supreme Court Of IL
inois and of continuing in new form, but un
unlawful monopoly. the Chicago Gas Trust Com
rany instead Of dividing among its siockho ders all
The stock IN the four original companies named. de-
posted the stock with the Fidelity Insurance Trust
and Safe Deposit Company, OF PniIadelphia, under
sued in exchange for the stock, its certificates Of
Deposit 10 the stockholders of the Chicago Gas
IT,. SUi as ~, the jspatv Of mis- orreement ane
FOR the alleged purpose Of bringing about CONSOLE
ton Of the Chicago gas companies. the Defendants
Frederic z. Olcott, Roswell p Flower, Anthony n
Brady Walton Fsrsgson c. X g. BILLINGS and
with power, under an agreement and plan Of con-
sodation, dated October 1885 Tnder this agree
Trust and Safe Deposit Company were deposited
T.h the csnrs 1s cWPny and SS ps Of
cons incluoing the plaintiff In the belief that the
the laws Of the State Of Illinois where the proper
ties OF the gas companies situated. Counsel
consolidstion were Illegal and invalid, being only
scheme 10 continue the same illegal combina ton and
T3S as ru wah s' pTans into being
Mr.. Jolne. for the defence disputed various state
Eents made by Colonel Harrison He denied that
only gas companies having mains in Chicago. Will
lam Allen Butler followed with an argument on the
Judge Bischoff reserved his decision.