The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-08-24

struct their mains, pipes, etc. on the streets
OF Houston without the consent OF the
authorities OF the city OF Houston The
city was at that time fully organized
municipal corporation exercising certain
governmental powers and among them
that OF control over the streets within Its
limits.
1t was n power commonly exercised by
cities. and so far as we know, never ques-
Toned and while the city's control over
tho streets was not exclusive, 1t was an
existing power which 1t had the right to
exercise. and which could not be taken
IRON 1t or denied to IL unless the legsa-
ture expressly or implicitly gave the right
To- another Notwithstanding the city
When tho Houston Gaslight company
WAS organized II did not then claim the
right to put It's mains, etc, on The streets
without tho consent of the city Its CON
struction OF the law us II existed at the
time OF Its organization lnkelled 1t to
procure the city's consent for 1t to nut
It's plant In the streets.
On December q. 1866. the city OF Houston
passed the following ordinance relative &c
tho Houston Gasllght company:
BE 1t ordained by the mayor and
alderman of tho city OF Ious-
ton. In cuncil assembled that the
houston Gdsllght company las
the consent of the corporation OF the
city OF Houston to Immediately pro-
coed TO erect their works and Law their
pipes within the limits of the city, in
accordance with the provisions of their
act Of incorporation.
Tho city council rcserving the right
TO control the location OF tho gas
meter.
On motion the rule was suspended.
said ordinance passed to it's second
and third reading when the yeas and
Maya being called and all responding
IN the affirmative, said ordinance was
declared in force.
And on February ii, 1867, the said city
OF Houston passed the following ordi-
nance:
Granting the Houston Gas Light
company certain privileges. BE It or
dained by the mayor and aldermen of
ine Guy or Houston, In council assem-
bled That the Houston Gas Light
company be, and they arc hereby
granted the right and privilege to
erect their works for manufacturing
gas on tho blocks of ground commonly
KNOWN as the Armory block, bounded
by Maple Magnolia, Crawford and
jackson streets, and by Buffalo bayou.
ana the said company have exclusive
use OF the same and privilege OF sup
PLYING tho city Of Houston with gas for
tho term OF their charter therefrom.
And the right and privilege IL
granted said company to erect wharf
along and In front OF said block on the
bayou for their exclusive use free of
charge.
These seem to BIO tho only ordinance,
passed by tho city with reference n IN,
Houston Gas Light company. except tn,
repeating ordinance passed June n, 1897
and which read as follows.
whereas. The franchise hitherto
Hrah'eu TO tho Houston Gas Light com
pany or tho city OF Houston, on Feb
ruary H. 1907. Tor the purpose OF main
tanning pipcage system In supplying
consumers With gas has expired. and
M"e'.'s 'he Houston Gas Light company
now has no rights TO the use and Occur
pahcy OF the streets Of the city OF
houston for maintaining such pipcage
system and gas plant and whereas.
said Houston Gas Light company has
refused 10 comply with the conditions
nnn stipuiations required by the city OF
Houston for the renewal OF their fran
ch'se, therefore be II resolved by the
CITY council OF the city OF Houston
that the ordinance passed by this coun-
eil on the IN day OF May. 1897, the
| provisions OF which not having been
accepted by the Houston Gus Light
company and any other ordinance
srahttd tho Houston Gas Light COM
| pany atfectng the use and occupancy
| OF tho streets OF the city OF Houston
Tor maintaining gas and pipeage sys-
TEN for supplying consumers with gas,
DC and the Same are hereby repealed
ssction .. This ordinance 10 take ef-
rect from and after its passage.
| III.
Hltt whether Tho lacIsiatt,., a.. nvu,t
the Houston Gas Light company did In fac
give the company the right to use ID
streets independent OF the city need not b
Followed further, because, as we have seen
the city did in point OF fact give its per
mission In tho first instance for the VA
company to occupy the streets by passin
/ the above ordinances. and the question
| arises rs to whether or not that permissio
SO given has expired
| The Houston Gas Light company wa
chartered September s. 1866, aud unless OK
tended by the laws of the State the cor
poration has dissolved, as tho timc Ia
which II was originally created has lapset
! Article GA OF the Revised Statutes
passed April 30. 1874. provides us follows
/ Any corporation heretofore organized
ana now In existence under any general
or special law Of tho Republic or the
state OF Texas, may by a vote OF its
board OF directors accept any or nj, OF
the provisions OF this title, aud have
and exercise all OF the rights. powers
and privileges conferred by this title.
by filing copy Of their acceptance
Win the secretary Of state. whereupon
that portion Of It's charter inconsistent
with this title or the portion accepted
shall cease TO be applicable to such corr
poration; and II shall have the exclu-
sive right to carry out the objects Of
SAID corporation as described In its ACT
81 incorporation = - without any
limitation as to time and shall pos
sess all the privileges and franchises
conferred BY Its act Of Incorporation or
esriucatc Tiled With the secretary OF
ctntance OF any or al the provisions Of
this title. =.
g o, Ir'y 81 4; p; 1891: before II, chsrte