Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-04-22

II
that nothing in this act shall be con-
strued 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 severally be regarded as still
subsisting, 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 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 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 vic.
lation of the provision of any ordinance
or bond given Hereunder" thereby en-.
deavorlng to protect the evasive and
dishonest gas companies ut the ex.
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 "ir ,ase 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-
CURED, SO that the same shall be
liable for and respond Ito the paymenO
OF such mortgage or other lien exist.
Ing mt 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.
panies -" . shall PAY AND DIS.
| CHARGE all debts and LIABILITIES
OF each OF the companies, and
actions may be brought and maintain.
ed ana recovery had therefore against
the company SO purchasing or leasing,
or against such consolidated corpora
tion,"andin SECTION II 1t Is provided
that the consolidated corporation. or
GAS TRUST, "shall furnish gas TO con.
sumers rs good in quality rs 1t fur.
nlshed previous TO such purchase or
lease, and shall not increase the price
charged by II 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 (section 12) Of Liability IN
DAMAGES THEREFOR to the PER.
son AGGRlEVED. 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,
and such company shall also be liable
to proceedings QUO wARRANTO for
violation OF either Of said provisions.
and II adjudged 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.
~e6A
The City Council should ask for the
following information:
]. The Comptroller shold be 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 Ia performing the
labor Of lighting and eXt!nguish!ng
said lamps, and what, II any, contracts
have been let 10 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 by
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 and equipment recovered to
the city, and, whether any permit has
been issued granting any other com.
pany the use Of said pipes. and also
whether any measures have been taken
to recover to the city its rights and in
terest in the pipes and equipment Of
other gas companies, which, by eva
sion and infractiOn Of their ordinance
and franchise contracts, have forfeited
said franchise and their plant and
equipment TO the city, and what, If any,
measures have been taken by the city
to recover penal sums on bonds filed
by any Of the above named companies
as surety and guarantee for the per-
Torrance OF their obligations to the
city and to gas consumers in general.
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