The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-07-07
TO SANDBAG CHICAGO GAS.
THAT'S WHAT SHEEHAy SAYS THIl
LAWSUIT JS BROUGHT FOR.

BOndhOlder James Duane Livingston SouEha
to EnJOin the May Dividend the Day he
fore IL Was Payable Alleging, ThH
the Consolidation Was Unconstitutional
The action brought by James Duane Living,
ston TO set aside the consolidation OF the gas
companies OF Chicago was ficrcely assailed be-
fore Justice dlegerlch Of the supreme Court
yesterday by William +. sheehan, counsel foI
the Peoples Gas Light and Coke Company Of,
Chicago. who said II was a "sandbngging."
Livingston. who Is In the employ OF the North
American Trust Company. holds fifteen bonds
ofthe defendant company. on which no sued 90
u bondholder, He asks that the consolidation
be set aside on the ground that the act OF 1897
ofthe Legislature OF Illinois. under which the
companies united, was unconstitutional. In
that action the defendant company recently OBJ
tanned an order for q commission to take evi-
dence IN this city. and an order was served
upon the plnlntin as one Of the witnesses whom
the defendant desired 70 examine. Livingston
moved before Justice GleRcrich yesterday to
SGT aside the order for his attendance before
the commissioner TO be examined.
Counsel for Livingston, l.. l.. Delaneld. made
technical objections to the order. among other
things saying that II seemed to have been pro-
cured by Isaac Edward Garyey. the commis-
sioner, whereas IL should have been procured
In the name Of the party defendant. Mr.. Shoe-
nan; after reading the, moving papers and the
%tention was not well founded. turned aside to
the R9na iides of the action. lie said.
III thiS aGtiOn * brought In good faith why
should not Mr.. Livingston ON brncc tho first op-
portunity of proving his good faithf lfr. Liy-
ingston sWehrS In his affidavit that the Peoples
Gas Company has underworld To- besmIrch his
chhractrr ana has circulated lihcllous state-
ihehtS aS IT, hiS motives "a inStituting the ac-
tIoh, but when this white winged champion
of truth is presented with the Opportunity to
prove these charges TO be bnselcss aud SANDER
1 NllS ma NIII Al EAl Ia. a.4N,.. lt,,.N n4..I 10
Ing ,c9mpelle to tell the truth.
J. % not assert that THIS action originated
il ia honeycombei With VERY aty;iddcanSsseer 81 n y
attempt at blackmail. This Is not Tie first time
sas SS To Tssis "a att SSERpri4 4d@ R @NIi s EsSa s Ssllsd
lators and stockiobblng s%chemerq. After years
IN ne Ps' nna r SfTST5 9Ra N S"Vi 2o4E tit%I I1ySitY t;. PiFSmji
il dEt lasiHs III III l ES;iGpSE$f{S H. SS$ ;Ss IT. &c ', SssSs
scandal and u stencil III. the %nostrils
tho recurrence OF these attacks and TO protect
the MILLIONS Of, capital Invested in these proper
Ties, the Legislature Of illinois in 1897 passed. a
statute authorizing. gas companies to consol-
iaGate' An %Samination Of that statute d!scloses
authorizing such corporations to consolidate
ana merge. and our courts have uniformly and
Ttiit tntinn eYyr ond y%Ii held f such statutes to be con;
the State 81 Illinois has decided within the last
Aye days that this particular statute is constitu-
hN' ''A W vi AIA IIA NGN iii -
against this defendant upon the ground that
no cause Oi action exists against Il. In the fnc3
OF all this the plaintiff. whose bonds have been
notoriousiy and conccdrdly enhanced in value
by this consolidation, seeks to east a cloud upon
the securities Of this company. and for the pur-
pose OF depreciating the value Of the PROPERTY
ATTEMPTED ~coyertly and secretly to enjoin on
the 24th day OF May dividends due and payable
on the 18th day OF May.
We will not purchase these bonds at a
price. We. will not settle this or any other
similar suit, We Judge the motives Of tho
present by the experiences of the past, and we
give notice that, every Legitimate remedy known
70 the law will be resOrted TO by the owners OF
this property TO save i from all illegitimats
aud sandbngging attacks. If this Is not such
an attack. James Duane Livingston should be
the first to claim the privilege OF IA yindication.
for no honest man. actuated by Just principles
aud inspired by pure motives. should rest under
the charges and aspersions made against him
III, connection with this litigation"
MIR. Detailed said that the action was not one
OF black mail and that the bonds OF his client
were, not for sale any more than his own house,
which he would sell IL he got the price.
.hlr. Sheehan asked why. IL the action was not
hlackmall, did Mr.. Delafcld's client wait until
the day before the dividends were to be declared
Justice Giegerich said he would take briefs OIL
the questions raised. 10 he submitted by this az
teruOOu,