Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-11-04

ACT provides that after one year the
GAS TRUST may charge any rate
charged by any company with which
merger or consolidation ID made, as.
for instance, with the PEOPLES GAS
LIGHT AND COKE COMPANY,
which has a perpetual franchise from
the State and may charge as much as
1915 per 1000 cubic feet to the city |
and $3 per 1000 feet to general con-
sumers. thencefOrth and forever.
SUPREM Il COURT AGAINST |
THEM. The illinois Supreme Court
has held and decided that an ordinance |
granting franchise privileges Is con-
tract by mutual consent, and the rights |
and privileges so granted are consider
ations in the same. and evasion or re-
pudiation of the spirit and letter of the
contract or any change therefrom un-
less by consent constitutes forfeiture
of rights, and. as It 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 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 OBL1GA.
TIONS now resting upon each Of them
respectively under their charters and
ordinances "in the same man.
ner and to the same extent as II the
companies hsA remained Individual and
distinct" and, providing, however,
that nothing In this net shall be con-
strued as extingulshlng said compa uies
entering into the agreement or agree
ments mentioned. or annulling or i'm.
pairing any Of their respective fran.
chlses, licenses or privileges, but that
they shall severally be regarded as still
subsistlng, SO far as their continuance
for the purpose Of uph0lding any right,
title or interest, power, privilege or i'm.
munlty 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 ordl-
nances and franchise contracts, by pro.
vidlng 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 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 Sase the property
| bVluS VI ACUoCus VI uCYuiECu tugVuku
consolidation or merger, Is subject Il
= mortgage OR OTHER LIEN, sucl
mortgage or other lien shall be and re
; main a lien upon ALL PROPERTY
q 80 sold, purchased, leased or AC
r QUlRED, SO that the same shall bt
i liable for and respond Ito the payment
e Of such mortgage or other lien exist
= Ing at the time Of such sale or lease,
J. and "Any corporation purchasing Of
!. leasing the real estate and personal
property Of any other company or com
panies - shall PAY AND DIS
J. CHARGE all debts and LIABILITIES
Of each Of the companies, - = ant
8 actions may be brought and maintain
u ed and recovery had therefore agains
: the company 80 purchasing or leasing
Q or against such consolidated corpora
J. ton" andin SECTION II It IL provided
!, that the consolidated corporation. o.
t GAS TRUST. "shall furnish gas to con
y sumers as good In quality % It fur
u nished previous to such purchase o.
!; lease, and shall not increase the price
y charged by 1t for gas of the Qualit!
furnished to consumers during ANY
PART OF THE YEAR IMMEDIATE
u LY PRECEDING such purchase o
r lease, or such CONSOLIDATION" uu
4 der penalty (section 12) Of Liability II
DAMAGES THEREFOR to the PER
J. SON AGGRIEVED. and shall. for eacl
d offense. forfeit two hundred dollars. II
: an action for debt, In the name of tn
c people Of the State Of Illinois. or b,
d any person who may sue for the same
n and such company shall also be liabl
r to proceedings QUO WARRANTO 70
10 violation Of either of said provisions
.. and II adjudged guilty the court ma!
4 give judgment Of custer from its fran
d chise. UNLESS THE COMPANy
SHALL CEASE AND DISCONTINUE
y such violation, as and when determine
>. by the court" thereby attempting Il
IS the last paragraph to destroy any re
IS course by the city or by the people a
It to continuous intermittent violations o
II franchise restrictions and requirement
as to price, quality and inspection o
e gas.
g ~eA
- The new city attorney should enforc
y, :" the following resolution passed by tn
q q City Council:
n Resolved, That the City AttOrne
be and he is hereby directed to In
otttuta n.ooaa1i ~ Oo IN foot thu nop ,tit, I,