Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-11-04
could rob the people to its hearts con.

could rob the people to its hearts con.
tent.
But It overlooked a few points that
even bribery couldn't cover up.
Section 13 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 consolidation aud 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 n 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 as the right
to issue franchises and prescribe terms
for privileges granted thereby Is ex.
pressiy reserved to aud held to be 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 PERTI.
NENT FACTS relating to this point
In ordinances passed by the Chicago
City Council, prior to the passage OF
the "Gas Consolidation Act" and un
der and by virtue and existence OF
such ordinances, certain bonds, con
tracts. privileges and obligations wert
assumed by certain gas companies, II
return for franchises granting then
provisional rights in the use and occu
pancy of the streets, always subject
however, to the reservations held II
said ordinances for the benefit and pro
lection Of the people comprising th'
municipality Of Chicago, the intent an'
object Of which provisions Is apparen
and well known. and In such ordl
nances 1t is expressly stated, reserved
and provided. to wit:
1. CONSUMERS GAS, FUEL AMI
LIGHT COMPANY.-A perpetual fran
chise passed April %, 1882. granting
the corporation the right to the us
and occupancy Of the streets, In returl
for which the corporation agreed an,
bound itself by bond and various pen
alties, to lay all feeders ana servic
pipes at the time Of laying main pipe.
without subsequent disturbance Of tn
surface or pavements: to extend It
main pipes, when ordered by major
Ity Of the City Council. In any blocl
one-half Of which shall be improved b
buildings; that the corporation shoul
not extend Its pipes beyond the cit!
or allow any connections to be mad
with its pipes to supply gas to any col
sumers outside Of the city; that
should not charge more thnn 25 cent
per foot for service pipes, nor charg
general consumers Of gas more thu
t1.75 per 1000 cubic feet, givinV cor
sumers Of more than 0,OOO cubic fet
per year a rebate Of Is cents per 100
cubic feet; that said company sh0ul
be subject to oil existing general O.
dInances concerning gas; that the cit
should have the right to inspect incteI
and that the gas supplied should be {
the uniform average Of III sperm cal
dies, burning 100 grains per hour In
5-foOt burner; that the company
rights and privileges PROVISIONAL
, granted should be forfeited unless witt
In three years from date Of acceptant
. Of the ordinance It had erected an
had In operation works and mains su
acient to distribute ten million cub
. feet Of gas every thirty days, saI
works to cost not less than $500.OO
that II said company should directly I
, Indirectly sell, lease or transfer I
, franchise and privileges to any 9TH
gas company or com panies, or cease
manufacture and furnish gas for
, period Of more than ten c0nsecuti,
days; or II It should fail or refuse
q extend its main pipes when requests
. do 10 by majority os the Counc
It's rights and privileges should ceai
and be OF no more effect and that tn
!. termination "shall not be required Il
Judgment or decree Of any courts" tn
the price charged for gas should new
exceed the rate named In the 0rdinan,
and that 1t would neither sell n,
lease its franchise or privileges al
would not enter into any cOmbinati(
= with any gas company concerning ra
} or price to be charged for gas NJ
u should give bond Of $500, 900 TO satis
J. any damages to the city Of Chicago
J. any consumer of Its gas who shou
y suffer through violation Of any OBJ
g cations, or conditions of the ordlnanC
J. the liability not to he limited by Il
g amount of the penalty of said bond.
l. 9. EQUITABLE GAS LIGHT AN
l. FUEL COMPANY.-An ordinan
J. granting a perpetual franchise. PASS
= Aug. 10, 1885, authorizing the compal
u to construct, operate and mainta
works, lay mains and service pipe
p the company agreeing to charge n
'e more than % cents per foot for servl
y pipes; to charge not more than 81.
Y. per 1000 cubic feet for gas, with a I
e bate Of 25 cents per 1000 feet to ;
4 users who consumed over 100000 cub
J. feet per annum; "any attempt to C,
J. lect a greater rate would work a fc
n feiture of all rights and privileges
l. that meters and quality Of gas shall
8 subject TO inspection and tests; tn
N mains should be extended upon d