Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-04-15

""''"N' uuus pIVNNiuSs uOWeNeTs
that nothing i'm this act shall be con-
strhed as extinguishing said companies
entering into the agreement or agree
ments mentioned. or annulling or i'm
pairing any of their respective fran
chises. licenses or privileges. but that
they shall scverally be regarded as still
subsisting. so far as their continuance
for the purpose of unfolding 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 supcrsede
the rights expressly vested In 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 to
the city and its citizens assumed by
the gas companies. under their Ordi-
nances and franchise contracts. by pro.
viding that "the purchase and sale or
lease. or consolidation and merger.
shall not be held or construed as a vic.
latiOn OF the provision Of any ordinance
or bond given thereunder." thereby en-.
deavoring to protect the evasive and
dishonest gas companies at the cx-
pense Of the legal and equitable rights
Of the city and It's 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 a lien upon ALL PROPERTY
so sold. purchased. leased or AC-
CURED. so that the same shall be
liable for ana 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 and personal
property of any other company or CON-
panles shall PAY AND DIS
CHARGE all debts and LIABILITIES
Of ench of the companies. - and
actions may he brought and maintain
cd and recovery had therefore against
the company 80 purchasing or leasing,
or against such consolidated corpora
ton" and In SECTION II It Is prov idcd
that the consolidated corporation. or
GAS TRUST. shall furnish gas to con-
sumers as good In quality as It fur.
nlshed previous to such purchase or
lease. and shall not increase the price
charged by It for gas Of the quality
furnished to consumers during ANY
PART OF THE YEAR IMMEDIATE
LY PRECEDING such purchase or
lease, or such CONSOLIDATION" I'm.
der penalty (scction 12) Of Liability IN
DAMAGES THEREFOR to the PER
son AGGRIEVED. and shall. for each
Offensc. 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 he liable
to proceedings QUO WARRANTO for
violation Of either of said provisions.
ana II adjudgcd guilty the court may
give Judgment Of custer from Its fran
chlse. 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.
%6A
The City Council should ask for the
following informatiOn:
/. The Comptroller shold bc directed
to report forthwith to the Council. at
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;
capacity Of the plant, and II said com.
pany or any other Is performing the
labor Of lighting and eXtlngushlng
said lamps, ana what, II any, contracts
have been let to gas 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 and the
Comptroller should be instructed to re.
port forthwith to the Council whether,
In accordance with the provisions and
requirements 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 any permit has
been issued granting any other com.
pany tho use Of said pipes, nnd also
whether any measures have been taken
to recover to the city it's rights and in
terest In the pipes and equipment Of
other gas companies, which, by cvn-
sion ana infractlOn of their ordinance
ana franchise contracts, have forfeited
said franchise and their plant and
equipment to the city, and 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 tho
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