Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-12-09

pudiation of the spirit ana letter Of the
contract or any change therefrom I'M
less by consent constitutes u forfeiture
OF rights, and, as 1t has always been
held n proposition In both English ana
American law that "ACTS comforting
special privileges upon or granting pub.
lie property to private individuals or
corporations are construed strictly
against the grantees and In favor OF
the State or the municipality.
MENACE TO ALL. Section o OF
the GAS CONSOLIDATION ACT
Is retroactive, ana provides that
ANY corporation purchasing or leas.
Ing the property Of any other com.
pany shall be subject to and perform
for each Of the companies 40 entering
into said agreement the legal OBLIGA.
TlONS now resting upon each of them
respectively under their charters and
ordinances" "ln the same man.
ner and to the same extent as II the
companies hs~ remained individual and
distinct" and, providing, however.
that nothing In this act shall be con.
strued as extinguishlng said c0mpa uies
entering into the agreement or agree.
ments mentioned, or annulling or i'm.
pairing any OF their respective fran
chlses. licenses or privileges, but that
they shall severally be regarded as still
subslsting, 80 far rs their continuance
for the purpose of unfolding any right,
title or interest, power, privilege or i'm.
munity ever exercised or enjoyed by
any of them, may be necessary for the
protection Of their respective creditors
or mortgages, or any Of them''-and
SECTION 10. Of the ACT, which Is a
violation of the letter of the COnstitu.
ton. In that Is attempts to supersede
the rights expressly vested In the City
Council by the Constitution, In relation
to grant privileges in the streets of the
city, and would destroy the vested
rights and property interests of the
city and liabilities and obligations to
the city and its citizens assumed by
the gas companies, under their ordl.
nances and franchise contracts, by pro.
vlding that "the purchase and sale or
lease, or consolidation and merger,
shall not be held or construed as vio-
latlOn Of the provision of any ordinance
or bond given Hereunder" thereby en-.
deavOring to protect the evasive and
dishonest gas companies at the ex-
pense OF the legal and equitable rights
Of the city and Its citizens.
READ AND PONDER. This same
CONSOLIDATION ACT, In SECTION
10, provides that "lr iase the property
sold, or leased, or acquired through
consolidation or merger, Is subject to
mortgage OR OTHER LIEN, such
mortgage or other lien shall be and re-
main lien upon ALL PROPERTY
so sold, purchased, leased or AC-
CURED, SO that the same shall be
liable for and respond Ito the payment
OF such mortgage or other lien exist.
Ing at the time of such sale or lease"
and "Any corporation purchasing or
leasing the real estate and personal
property OF any other company or com.
panles 80 shall PAY AND DIS.
CHARGE all debts and LIABILITIES
Of each Of the companies, - and
actions may be brought and maintain.
cd and recovery had therefore against
the company so purchasing or leasing
or against such consolidated corpora
ton" andin SECTION II II is provided
that the consolidated corporation, or
GAS TRUST. "shall furnish gas to con-