Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-11-25

pudlati0n OF the spirit ana letter OF the
contract or any change therefrOm I'M
less by consent constitutes n forfeiture
Of rights. and. as It has always been
held proposition In both English ana
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 0 Of
the GAS CONSOLIDATION ACT
Is retroactive. and provides that
"any corporation purchasing or leas.
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" . ''iu tho same man.
ner and to the same extent as II the
companies hsh remained individual and
distinct" and, providing, however,
shat nothing In this net shall be con.
strued as extingulshing said compau ies
entering Into the agreement or agree.
ments mentioned. or annulllng or i'm.
pairing any Of their respective fran.
chises. licenses or privileges, but that
they shall severally be regarded as still
subsisting, SO far az their continuance
for the purpose Of uph0lding 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 C0nstitu-
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-
vlding that "the purchase and sale or
lease, or consolidation and merger,
shall not be held or construed rs u vlo-
latlOn Of the provision of any ordinance
or bond given hereunder" thereby en-
deavOrlng to protect the evasive aud
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 ''iT lase the property
sold, or leased or acquired through
consolidation or merger, Ia 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 &C.
QUIRED. so that the same shall be
liable for aud 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 III" real estate and personal
property of amy other company or com.
panies shall PAY AND DIS.
CHARGE all debts and LIABILITIES
Of each Of the companies. 80 and
actions may be brought and maintain.
ed and recovery had therefore against
the company SO purchasing or leasing,
or against such consolidated corpora.
tion." andin SECTION II It IL provided
that the consolidated corporation, or
GAS TRUST. shall furnish gas to cen