Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-10-28

tent.
But 1t overlooked n few points tina,
even bribery couldn't cover up.
Section IS of Article 4 of the Consti.
tuition of Illinois declares that no sub
ject not embraced in the title of bill
shall become a law. There are some
subjects in the body Of the infamous
gas.consoldation and frontage bill not
embraced In the title. Hence the law Is
void.
THIS LAW, known as the "GAS
CONSOLIDATION ACT" empowered
all existing gas companies to consoli.
date with and merge into a single cor.
poration, (which shall be one Of said
merging and consolidation corpora
tions." and inasmuch as this ACT, con-
veying purported authority. grants to
all then existing gas companies In the
city of Chicago certain exclusive rights
and privileges, not contemplated by or
given them by any ordinance Of the
Chicago City Council, and rs the right
to issue franchises and prescribe terms
for privileges granted thereby Is ex.
! pressly reserved to and held to he IN.
herent in the City Council by the State
Constitution of 1870, which provides
that the State Legislature shall not
grant and cannot convey rights and
privileges in the streets Of cities to cor.
porations or individuals. except by and
with the consent Of the local authori.
ties (meaning the City CounciD. 1t is
unconstitutional on that paint.
| LET US LOOK AT SOME PERT1-
NENT FACTS relating to this point:
In ordinances passed by the Chicago
City Council. prior to the passage Of
the "Gas Consolidation Act" and I'm.
der and by virtue and existence Of
such ordinances, certain bonds. con-
| tracts. privileges and obligations were
assumed by certain gas companies. In
return for franchises granting them
provisional rights In the use and Occu.
pancy of the streets. always subject.
however, to the reservations held In
said ordinances for the benefit and pro
lection Of the people comprising the
municipality Of Chicago. the intent and
object Of which provisions Is apparent
and well known, and In such ordi.
nances It Is expressly stated, reserved
and provided. to wit:
1. CONSUMERS GAS, FUEL AND
LIGHT COMPANY.-A perpetual fran.
chise passed April %, 1882, granting
the corporation the right to the use
and occupancy Of the streets. In return
for which the corporation agreed and
bound itself by bond and various pen.
alties, to lay all feeders and service
pipes at the time Of laying main pipes.
without subsequent disturbance Of the
surface or pavements; to extend Its
main pipes. when ordered by q major.
ity Of the City Council, In any block,
one-half Of which shall be improved by
buildings; that the corporation should
not extend Its pipes beyond the city.
or allow any connections to be made
with Its pipes to supply gas to any con.
sumers outside Of the city; that II
should not charge more than 25 cents
per foot for service pipes. nor charge
general consumers Of gas more than
$1.75 per 1000 cubic feet, giving con
sumers of more than 1000 cubic feet
per year rebate Of 25 cents per 1000
cubic feet; that said company should
be subject to all existing general or
dinances concerning gas; that the city
should have the right to inspect meter,
: and that the gas supplied should be o.
the uniform average Of 10 sperm can
dies, burning 12O grains per hour In I
5.foOt burner; that the company
rights and privileges PROVISIONAL!
; granted should be forfeited unless with
! In three years from date Of acceptance
. Of the ordinance 1t had erected ant
had In operation works ana mains SUI
/ acient to distribute ten million cubi
, feet Of gas every thirty days, salt
works to cost not less than $5O0.000
I that IL said company should directly o
, Indirectly sell, lease or transfer 1t
: franchise and privileges to any othe
=. gas company or companies, or cease t
manufacture and furnish gas for
!, period of more than ten CONSECUTIVE
!. days; or II It should fall or refusa I
a extend its main pipes vheh Iequeste,
- do % by majority O, tSs Council
Its rights ana privileges should ceas
and be Of no more effect and that thi
:, termination "shall not be required tn
Judgment or decree OF any courts" tim
: the price charged for gas should neve
exceed the rate named In the 0rdinanc
= and that 1t would neither sell no
, lease its franchise or privileges an
would not enter into any cOmbinati0
). with any gas company concerning rat
y or price to be charged for gas an
u should give bond Of 100000 10 satisf
J. any damages to the city Of Chicago Q
l. any consumer of Its gas who shOul
y suffer through violation Of any obi
q cations, or conditions Of the ordinance
l. the liability not to be limited by tn
e amount Of the penalty Of said bond.
l. 2. EQUITABLE GAS LIGHT AN
l. FUEL COMPANY.-An ordinanC
q, granting perpetual franchise, passe
y Aug. 10, 1885, authorizing the cOmpan
II to construct, operate and maintai
works. lay mains and service pipe
O. the company agreeing to charge M
Ne more than 25 cents per foot for servit
y pipes; to charge not more than ST.
y. per 1000 cubic feet for gas, with r
'e bate Of 25 cents per 1000 feet to q
II users who consumed over 100000 cub
l. feet per annum; "any attempt to Gu
n lect a greater rate would work fo
m felture of all rights and privileges
u that meters and quality OF gas shall
y subject to inspection and tests; th'
m mains should be extended upon d
e. mand by two-thirds vote OF the COu
In ell in any block three-fourths of whit