Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-12-16

pudiation OF the spirit and letter Of the
contract or any change therefrOm I'M
less by consent constitutes a forfeiture
of rights. and. as 1t has always been
held n proposition In both English and
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. and provides that
''any corporation purchasing or ieas-
Ing the property Of any other com.
pany shall be subject to and perform
for each Of the companies SO entering
into said agreement the legal OBLIGA.
TIONS now resting upon each Of them
respectively under their charters and
ordinances" -" . "ln the same man.
ner and to the same extent us II the
companies hs~ remained individual and
distinct" and. providing, however,
shat nothing In this act shall be con-
strued as extinguishing said compau les
entering into the agreement or agree
ments mentioned, or annulllng or i'm
pairing any Of their respective fran
chlses, licenses or privileges. but that
they shall severally be regarded as still
subsisting, so far us their continuance
for the purpose of upholdlng 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 n
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-
vldlng that "the purchase and sale or
lease, or consolidation and merger,
shall not be held or construed as a vlo-
latlon of the provision of any ordinance
or bond given Hereunder" thereby en-
deavOring to protect the eyasive 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 iii Ease 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-
QUlRED, 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 - shall PAY AND DIS.
CHARGE all debts and LIABILITIES
OF each Of the companies, = and
actions may be brought and maintain.
ed and recovery had therefore against
the company SO purchasing or leasing,
or against such consolidated corpora.
ton" andin SECTION II It 10 provided
that the consolidated corporation. or
GAS TRUST. shall furnish gas to con.