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

| YARD 49,. ..........,....,.......,...,
| lions submitted to us by you as to whether
| the Houston Gasllght company has any
right TO now use the streets of the city
| OF Houston In the conduct OF It's business
! OF supplying gas TO consumers, and we now
hand you this. our opinion on the questions
involved
The position taken by the Houston Gas
light company is fully outlined N the
bill recently filed by two OF It's stockhoid-
ers In the United States circuit court at
Galveston in the suit OF the Union Trust
company OF New York and another va.
the City OF Houston and Others which suit
Is now pending In said court, and an In
Junction has temporarily been granted
therein, restraining your honorable body
from in any way interfering with the
property OF the Houston Gasllght coln-
pany In Houston,
We deem II proper 10 say that this suit
was needossly filed, for as We are IN =
formed and understand, there never was an
Intention upon the part OF the officers OF
the city of Houston TO assert any right
against or perform any net concerning the
Houston Gaslight company, except through
the courts, II II should he advised that
the city had rights which could be sue
The conclusion is almost irresistible that
the suit filed s an attempt TO give tho
Federal court Jurisdiction of case that
II does not legally or In TACT have. How
ever, II In not necessary for us TO dis
cuss this question here
Ia this suit IL liz claimed by or per
hops VIC should say fer the Houston Gas
light company that It's power to use tho
streets OF the city of Houston for laying
pippA and ptnpr n a
corporate business IL derived. not from the
city Of Houston. but directly from the leg
stature OF the state OF Texas, ana that
the authority to grant such power of the
use Of the streets by gus companies gem
orally was never In fact conferred ON or
held by the city of Houston. but was re-
tanned TO be exercised directly by the
legislature of the State.
And in this same suit tho position IL
taken that tho city Is vested with no au-
thority to grant or withhold the use Of
the streets To or from the gas companies
except the right 10 give or withhold
It's consent To the usC OF The streets In tho
FIRST instance, and TO prescribe regulations
for their use. the city having no POWER
TO imnose torins or conditions" It liz
necessarily contc"dcd OF course that the
consent OF the city having been once given
to uso tic streets. that IL extends not
only through tho period OF time net our
In It's original charter, nut for the addl-
tional twenty Ave years given tho Gas
company by its amended charter.
II.
The Houston Gaslight company was
chartered by special act OF the legisla-
ture OF Texas on September 3, 1866. and Il
tho company originally derived authorlt,
to erect It's pipes. etc, on, and to use
| tho streets OF the city OF Houston. dlrectl,
from the legislature. Il Is on account o,
| the second section OF the act creating tn,
| Houston Gaslisht company, which sector
| reads MS follows;
| The said cooperation shall be empow-
| cred to lay down their gas pipes and
| 10 erect gas posts. burners aud rcfect-
| ors In the streets. alleys, lanes. sv-
enues aud public grounds of the city
| OF Houston. and to do all things nee
cssary to light the said city. and tho
dwellings,, stores and other places st-a
uated therein. provided that the pub
| lie travel OF tho city shall not be AZ
fected or impedod by thu laying OF
said pipes or the erection OF the osts,
and tho streets, side and cross walks,
public grounds, lanes and avenues shall
net be injured thereby and shall no
LETT IN Ms good and perfect condition
as before tho laylng OF said pipes or
the erection OF said ncsts,
When the Houston GnsliIht compan,
was chartered hy the above mentions,
| epecial act OF legislature. there was M
General law giving the city Of Houston OK
elusive power and control over the strcst
4 Gna an5 smch eyc,ns,vn risht wns mn cnn
tanned In 10 city charter. We think tina
the legislature had tho power TO give o
withhold the right 10 construct the ga
plant In the streets OF the CITY.
In the case OF Tho Galveston and West
orn railway company VS.. The CITY OF Gal
weston. so S, w. Rep, ~, our suprom
Tho legislature Of tho Stat, has mn
thority' unless r,strained nv the con.
u stI:ution. 10 grant 10 a railroad com.
pany the right to construct its oad
| hiShways without asst ohia,nin v"t ,h..
consent q The local aaiasritlss il,
i "a IL