Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1899-04-29

that nothing in this act shall be con.
strucd as extinguishing said companies
entering into the agreement or agree.
nents mentioned. or annulllng 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 supersetle
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-
nanccs and franchise contracts. by pro.
viding that "thc purchase and sale or
lease. or consolidation and merger,
shall not be held or construed as n vio-
lation of the provision of any ordinance
or bond given Hereunder" thereby en-
denvoring to protect the evaslve and
dishonest gas companies ut the ex-
pcnse Of the legal and equitable rights
of the city and its citizens.
READ AND PONDER. This same
CONSOLIDATION act, in SECTION
10. provides that iii iase 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 PAYMENT
of such mortgage or other lien exist
Ing at 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
or each Of the companies, 4" ana
actions may he brought and maintain
cd ana recovery had therefore against
the company so purchasing or leasing.
or against such consolidated corporn-
ton. "and In SECTION IL 1t IL provided
that the consolidated corporation. or
GAS TRUST, shall furnish gas TO con.
shmcrs rs good In quality as Il fur.
nished previous TO such purchase or
lease. and shall not increase the price
charged by 1t 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 AGGRIEVED. ana shall. for each
offcnse. 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 be liable
to proceedings QUO WARRANTO for
violation OF either Of said provisions.
and II adjidgcd 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.
%SA
The City Council should ask for the
following infOrmatiOn:
!. The Comptroller shOld he directed
to report forthwith to the Council. ut
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, ana II said com.
pany or any other Is performing the
labor Of lighting ana eXt!ng,ilshing
said lamps. and 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 ana
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 It's rights ana In
terest In the pipes ana equipment Of
other gas companies, which, by eva.
sion and infractiOn of their ordinance
ana franchise contracts. have forfeited
said franchise ana their plant ana
equipment to the city, ana 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 and guarantee for the per-
Torrance of their obligations to the
city and to gas consumers In general.
under the terms of any franchise
which any of said companies through
evasion or NONCOMPLIANCE with NIL the