Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-04-29


that nothing in this act shall be con
strucd as distinguishing said companic.
entering into the agreement or agree
mcnts mentioned. or annulling or i'm
pairing any of their respective fran
chises. licenses or privileges, but that
they shall severally be regarded as still
slbsisting. so far as their continuance
for the purpose of upholding 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 i'm the City
Council by the Constitution. In relation
to grant privileges i'm the streets of the
city. and would destroy the vested
rights and property interests of the
city and liabilities and obligations 10
the city and its citizens assumed nv
the gas companies. under their Ordi-
nnnccs and franchise contracts. by pro-
vlding that 'the purchase and sale or
lease. or consolidation and merger.
snail not be held or construed as a VIC
lation of the provision of any ordinance
or bond given hereunder" thereby en-
denvorilg to protect the cvasivc and
dishonest gas companies at the en-
pcnse of the legal and equitable rights
Of flp sifc aud ~, ui,tyn,,.
READ AND PONDER. This same
CONSOLIDATION act, in SECTION
10. provides that iii ,nsc the prOperty
sold. or leased, or acquired through
consolidation or merger. is subject 10
mortgage OR OTHER LIEN, such
mortgage or other lien shall he ana re-.
main lien upon ALL PROPERTY
so sold. purchased. leased or AC-
CURED. 80 that the same shall be
liable for and respond Ito the payment,
OF such mortgage or other lien exist
Ing ut the time Of such sale or lease"
and "Any corporation purchasing or
leasing the real estate ana personal
property of any other company or com
panies 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
tiOn." and In SECTION II It Is provided
that the consolidated corporation. or
GAS TRUST. shall furnish gas to con.
sumcrs as good In quality as It fur.
nlshed previous to such purchase or
lease. and shall not increase the price
charged by 1t for gas of the quality
furnished to consumers during ANY
PART OF THE YEAR IMMEDIATE
Li PRECEDING such purchase or
lease. or such CONSOLIDATION" I'm.
der penalty (sectlon 12) Of Liability IN
DAMAGES THEREFOR to the PER.
son AGGRIEvED. ana SHALL for each
offense, forfeit two hundred dollars. in
an action for debt. In the name of the
people OF the State OF Illinois. or by
any person who may sue for the same.
ana such company shall also be liable
to proceedings QUO WARRANTO for
violation Of either Of said provisions.
and II ndjidgcd guilty the court may
give Judgment OF custer from Its fran.
chise. UNLESS THE COMPANY
SHALL CEASE AND DISCONTINUE
such violation, as and when determined
by the court" thereby attempting In
the last paragraph to destroy any re-
course by the city or by the people as
to continuous intermittent violations of
franchise restrictions and requirements
as to price, quality and Inspection Of
gas.
~9
The City Council should ask for the
following information:
!. The Comptroller shOld he directed
to report forthwith to the Council, ut
Its next regular meeting, what. II any,
receipts have come to the city from
gas companies under the provisions of
any of the gas ordinances; what. II
any, street lamps are being supplied
with gas by the Ogden Gas Company:
Of the plant, and II said com.
pany or any other Is performing the
labor of lighting ana cXt!ng,lshlng
said lamps. aud what, II any, contracts
have been let to gus companies for sup.
plying the city with gas, together with
the name. or names. Of said company,
or companies, and the amount Of which
said contracts have been let, and hy
what authority.
2. The Corporation Counsel ana the
Comptroller should be instructed to re-
port forthwith to the Council whether,
In accordance with the provisions ana
Of the resolution Of Feb.
20. 1902, the franchise Of the Economic
Gas Company was duly forfeited aud
Its pipes ana equipment recovered to
the city. and. whether my permit has
been issued granting any other com.
pany tho use Of said pipes. and also
whether any measures have been taken
to recover to the city It's rights ana in
terest In the pipes ana equipment Of
other gus companies, which, by eva.
sion and lnfractiOn Of their ordinance
and franchise contracts. have forfeited
said franchise and their plant and
equipment to the city, ana what, II any,
measures have been taken by the city
to recover penal sums on bonds filed
by any of the above named companies
rs surety ana guarantee for the per-
Torrance of their obligations to the
city and to gas consumers In general.
under the terms of any franchise
which any of said companies through
evasion or noncompliance with all the