Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-10-28

GAS TRUST may charge any rate
charged by any company with which
merger or consolidation Is made, as.
for instance, with the PEOPLES GAS
LIGHT AND COKE COMPANY,
which has perpetual franchise from
the State and may charge as much as
1915 per 1000 cubic feet to the city
and SO per 1000 feet to general con-
sumers. thenceforth and forever.
UPRE NJ r COUR IT 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-
pudiatlon of the spirit and letter of the
contract or any change therefrom un-
less by consent constitutes n forfeiture
of rights, and, as It has always been
held 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 lens.
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.
T1ONS now resting upon each Of them
respectively under their charters and
ordinances" 'ln the same man.
ner and to the same extent as II the
companies haA remained individual and
distinct" and, providing, however
"thnt nothing in this net shall be con.
strued MS extingulshing said companies
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 rs 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 nny 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.
vidlng that "the purchase and sale or
lease, or consolidation and merger,
shall not be held or construed as VIC.
latlon of the provision of any ordinance
or bond given Hereunder" thereby en-.
deavorlng to protect the evasive and
dishonest gas companies Mt 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 "iy iase the property
sold. or leased, or acquired through
consolidation or merger, IL subject te
mortgage OR OTHER LIEN. suct
mortgage or other lien shall be and re
main lien upon ALL PROPERTY
so sold, purchased, leased or AC
QUIRED, so that the same shall b,
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 Of
leasing the real estate and persona
property of any other company or com
panies - shall PAY AND DIS
CHARGE all debts and LIABILITIES
Of each Of the companies, 80 ant
actions may be brought and maintain
ed and recovery had therefore agains
the company SO purchasing or leasing
or against such consolidated corpora
tion," and In SECTION II It 10 provided
that the consolidated corporation, o.
GAS TRUST. "shall furnish gas to con
sumers as good In quality 40 1t fur
nished previous to such purchase o
lease. and shall not increase the pric
charged by 1t for gas of the qualit!
furnished to consumers during ANY
PART OF THE YEAR IMMEDIATE
LY PRECEDING such purchase o
lease. or such CONSOLIDATION" uu
der penalty (section 12) Of Liability II
DAMAGES THEREFOR to the PER
SON AGGRIEVED. and shall. for eac
0ffense. forfeit two hundred dollars. 4
an action for debt, In the name Of tn
people Of the State Of Illinois. or b.
any person who may sue for the same
and such company shall also be llabl
to proceedings QUO WARRANTO 10
violation Of either Of said provisions
and II adjudged guilty the court ma
give judgment of custer from its fraI
chise, UNLESS THE COMPAN'
SHALL CEASE AND DISCONTINUE
such violation, as and when determine
by the court" thereby attempting
J the last paragraph to destroy any r.
J course by the city or by the people a
to continuous intermittent violations q
franchise restrictions and requirement
as to price, quality and inspection Q
gas.
%6A
The new city attorney should enf0rc
the following resolution passed by th
City Council:
Resolved, That the City AttOrne
be and he 10 hereby directed to Il
stitute proceedings to test the cOnstit'
tiOnality Of the oct of the Legislatul
, nermittinG the consolidating Of "a