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

Light company IifeQ a COPY Oh In chuiecs
With the secretary OF state. and accepted
the provisions OF the article Of the statute
above quoted. It thereby acquired all the
benefits Of existing laws and became sub
ject to all laws governing corporations.
The charter Of the Houston Gas Light
company with It's certificate Of acceptance
was filed with the secretary Of state July
20, 1891.
on tho same day the Houston Gas Light
company filed what liz called an amendment
TO It's charter with the secretary OF state,
changing section II OF Its charter TO read
as foIlows:
This act shall remain In full force for
fifty years from and after October ..
1856. provided nothing herein contained
shall be construed to authorize bank
ing privileges
BY taking these steps It is claimed that
the life OF the gas companies was prolonged
to fifty years and that by SO prolonging It's
corporate existence 1t also retains the privi-
lege given by the ordinances Of the city to
occupy and Use the streets for It's gas busi-
ness
II Is by no means certain that the gas
company had any right or power under the
law to amend or change its charter 50 as
to Increase the period OF time limited in
It's charter Under the chapter OF the
statutes concerning the Creation of Cor
Porations" II Is provided that private
corporation may amend or change its
charter" but what the limit OF the changes
may be lis not definitely stated.
me gas company by It's char
ter had the power OF succession for
twenty five years by act OF the legislature,
no change In the laws could without its
consent increase or diminish that right.
Under the chapter Of the statutes concern
Ing the Powers and Duties of Private
CORPORATIONS" 1t Is said Every private
corporation as such has power to have sue
cesslon by its corporate name for the Pc
riod limited in its charter. not TO exceed
fifty years. and when no period is linn
tied for twenty years" The powers OF cor
poraticns extend to all alike. and exist
whether included In their charter or not
while the purposes or objects for which a
CORPORATION IL chartered must he set out
In It's charter and it Is limited to the
purposes or objects of Its creation, and II 1t
should desire to pursue another and diff
ferent business its charter would have TO
DO amended for the purpose Intended
while it's general powers given by general
law would be the same as before the
amendment
There Is never the necessity 10 amend
so as to have tho general powers con
ferred by law while to pursue a particular
object OF purpose not named in the charter
an amendment Is necessary. 1t vas hardly
contemplated. therefore. that an amend
ment would be made so as TO Increase tie
time set out in the original charter
But whether the gas company could
amend its charter so as to increase the
time set out in It's charter is doubtful
and does not become very material in this
discussion.
Concedng. for the sake of argument
that tho company could by amen iment in-
crease the limit Of Its corporate lifs would
tho amendment continue in effect, the
city's ordinance granting It the use OF the
streets. and II SO. for how long time?
There can be no doubt but that when the
original ordinance granting the right to
use the streets was passed by the city
that II was intended to extend for only
twenty five years
That was the time for which the gas
company was chartered and in the last
ordinance quoted above 1t gives the right
for the term of the gas companys chatter.
No longer period of time could have been
in the contemplation of either party to the
ordnance for there was then no law in
existence by which the charter OF cor
poration could be extended or amended
even II 1t can be done now.
Under the law then in force when the
time limited In tho charter expired the life
of the corporation also expired.
A special act of the legislature would
have been necessary to give 1t additional
life and Its new life would date from TIE
date of tho act OF extension. The Law in
force when the amendment was made by
the gas company reads as follows
Art GAS. (5T2l. The amendment or
changes provided for in the preceding
article shah take effect and be IN .o,cc
from the date of the filing thereof with
the secretary of state, and the 'rtif-
cate of the secretary Of state shall be
evidence of such filing.
Tho proper construction of this act
tNnl ~. 4.
be In force from the date of ihe filing
thereof with the secretary Of state" It
was never intended TO give 1t retroactive
effect,
The amendment takes effects from It's
date. II Is very much the Same as II on
that date the legislature had reincorpo ated
the company for an additional twenty ave
Years. TIE act would not have related
back. but would have been in eifsct from
It's date only.
We think that the amendment, so far as
persons not connected with the gas COM
pany Sre concerned. car be taken only as
recharter,ng OF 4 new company under
the same named for an additional twenty
flve years.
1t was not intended aud could not pro-
long tho time Of the company's contracts
with third parties and the ordinance OF
the city originally passed is most probably
a contract.
the law in force under which this
amendment was made expressly provided
that mo amendments or changes violative
Of the constitution or laws of this State
or any provisions OF this title shall be OF
any force or effect"
We think this provision was inserted be-
cause private corporations when this
amendment was made could only he char
tered under tho general laws. and aot by
special act, as they had been heretofore
created. and the legislatures, knowing that
| subsequent amendments. which practically
have the effect OF special acts. would
| doubtless conflict in some cases with the
general laws. took this method of guard
Ing aginst such conflict. II simply mcnns
that an amendment violatiye OF existing
| laws shall be OF no effect
Now, us to the amendment giving the gas
company right en- the streets indepsnd-
emit of the city's consent 1t would he in
serious conflict with the general iaNs,
The act Of April %. 1874, which has been
| in effect ever since, and is now, article
so5 of the Revised Statutes reads as fol-
| lows:
Any gas or water corporation shall
| have full power TO manufacture and
sell and to furnish such quantities OF
water or gas as may be required nv