Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-08-19

rights revert to the city without refer.
ence to any court or legal appeal. The
company agreed to charge for illumi.
mating gas S1.1O per 1000 cubic feet.
with 10 cents reduction per 1000 feet
for prompt payment. and 90 cents per
1000 for natural and fuel gas. with
10 cents reduction for prompt payment; (;
agreeing and contracting also to pay
the city 3 per cent. on gross receipts
from Illuminating gas and 8 per cent.
on gross receipts from sale Of natural
or manufactured fuel gas. and to fur
nIsh gas to the city for $3.50 per street
lamp post per year.
on THE 20TH DAY OF FEBRU.
AIRY. 1892. a preamble and resolution
was passed by the City Council, re-
pealing the above Chicago Economic
Fuel Gas Company ordinance. and
declaring all pipes and connections In
the streets OF the city to be city proper.
ty. In accordance with the provisions
Of the ordinance regarding forfeiture.
and upon the ground that majority Of
the stock Of said company had passed
into the hands Of the Gas Trust
THE OGDEN. 1t is now currently
reported. and there are grounds for be.
lief, that the Ogden Gas Company has
entered upon contract with the Gas
Trust agreeing not to extend its plant
or pipes any further for q period OF
three years.
ALL EvADE THE LAW. All Of the
above companies and corporations
have evaded the plain letter aud legal
requirements Of their franchises and
by the terms Of said franchises have
forfeited every right and privilege con-
tracted for with the city and conveyed
Professionally by ordinance.
VIOLATE FRANCHISES. It Is pro.
vided In an ACT regulating the condi-
lions for the granting of rights and
privileges for lighting and heating pur'
poses by cities. also passed by the late
4OTH ASSEMBLY, mat no gas com
pany In future shall be granted privi
ieges Of building or extension Of mains
and pipes. except they secure petitions
signed by owners Of more than one
half the frontage of each mile and frac
tion OF q mile Of any street or alley
which requirement 10 designed to pro
tect the merge companies In their lille
gal evasion Of contract obligations
and prevents any competition, through
the organisation and operation Of new
companies. now and forever In the fu
ture. and said ACT 10 directly In con
filct with the ordinances passed ant
franchise contracts mutually entere,
into by the city and gas companies
which latter gained valuable right
and privileges thereby. and whose du
ties and obligations, as well as tn,
rights of the city aud Of Its citizens, ar
therein specified, reserved and pre-
scribed.
CAN RAISE THE PRICE. The IN
FAMOUS "GAS CONSOLIDATION
ACT provides that after one year III
GAS TRUST may charge any rat
charged by any company with whic
merger or consolidation Is made, a'
for instance, with the PEOPLES GA
LIGHT AND COKE COMPANY
which has a perpetual franchise frol
the State and may charge as much a
S2.T5 per 1000 cubic feet to the cit
and So per 1000 feet to general col
sumers, thenceforth and forever.
SUPREME COURT AGAINS
THEM. The, Illinois Supreme Coul
. has held and decided that an Ordinanc
/ granting franchise privileges is col
tract by mutual consent, and the right
and privileges so granted are cOnside
/ ations in the same. and evasion or r
/ pudation of the spirit and letter of I'll
. contract or any change therefrom III
. less by consent constitutes fOrfeitul
e of rights, and, as 1t has always bee
Q held proposition in both English an
4 American law that "ACTS cOnferrll
e special privileges upon or granting pu
e lie property to private individuals {
i corporations are construed strict
against the grantees and in favor {
Z, the State or the municipality.
d MENACE TO ALL. Section 0
r the GAS CONSOLIDATION AC
i Ia retroactive, and provides tn
g "any corporation purchasing or lea
= ing the property Of any other col
J, pany shall be subject to and perfor
J, for each Of the companies SO enterll
0 into said agreement the legal OBLIG
y TIONS now resting upon each of the
l. respectively under their charters al
S ordinances" - "ln the same ma
IS ner and to the same extent as II Il
II companies had remained individual q