The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-11
NEW GAS SUIT BY JACKSON
SEEKS TO GUST CONSOLIDATED
FROM CERTAIN FRANCHISES
which re says Have Expired. One or Them
FIFTY Years ~Aso-Theory That Munici-
pal Ownership Would Come Cheaper
should the Plaintiff Win the Case.

pal ownership Would Tome Cheaper
should the Plaintiff Win the Case.
Attorney General jackson has begun
a suit against the Consolidated Ga Com
pany Of this city to GUST il from exercising
certain franchises which il secured through
the merging Of subsidiary companies.
He alleges that these franchises have ex-
pired and hat the Consolidated in operating
under them is doing no u~nlawfully.
This move is independent Of the one he
made recently when he appeared before
Supreme Court Justice Mccall and asked
leave to begin an action against the Con-
solidated for the vacation Of it's charter.
In announcing his new proceeding Mr..
jackson gave out this statement:
-On the Sd day Of June l applied to the
Supreme Court at Special Term. Part l.. Mr..
menoe an action against the Consolidated
Gas Company Of New York for judgment
vscating its charter and annulling it's cor
porate existence. 1 based my application
upon the grounds. first. that il had exer-
cised franchises not conferred upon it by
law; and. secondly, that by violation Of the
statutes prohibitive of monopoly and Of oom-
bination TO create monopoly it has abused
its corporate powers in such a way as to
be liable for forfeiture Of It's corporate life.
Mr.. Justice Mccall has not as yet passed
upon my application. My understanding
Of the law was and is that unless u appli-
cation is obviously frivolous or unless 1t is
apparent upon the face Of the application
that the statutory grounds for the action
do not exist the application would be
granted. TIL opinion recently handed
down by Mr.. Justice Holt Of the United
states Circuit Court fully ~sustains the legal
propriety Of my application in so far as it
refers to monopoly.
The action that | nave now commenced
is to Dust the Consolidated Gas Company
from the exercise Of certain Of the franchises
OF it's constituent companies which are
alleged to have expired. I believe that the
public interest demands that the matter
be prosecuted with the utmost expedition
and / am. therefore. taking such action as
the law permits me TO tab without leave
q the court
In his complaint the Acknowledgement
gives the names of five companies sub
sidiary to the Consolidated and alleges by
exhibits attached to the complaint tha
their franchises now exercised by the Con-
solidated are void. These five companies
are the New York Gas Light Company. the
Manhattan Gas Light Company, the Metro
politan Gas Light Company. the Municipal
Gas Light Company M the knickerbocker
Gas Light Company. All Of these COM
panies were consolidated into the noE de-
PENDANT company in 1884. the corporation
TO continue In existence for a period Of
fifty years
The complaint say that the New York
Gas Light Company was Incorporated in
1923 and that the consents and privileges
obtained in its franchise expired in 1853.
The Manhattan Gas Light Company, it 10
set forth, was incorporated in 1880 and OBJ
tanned its franchises and consents in 1893
and a subsequent franchise in 1913, and
these franchises expired in 1858. The
rights and privileges of the Metropolitan
Gas Light Company. it is alleged, termi-
mated in 1888. The Municipal Gas Light
Company's franchises, it is alleged, ex-
pired in March. this year. In the case Of
the Knickerbocker Gas Light Company
the Attorney General holds that the Con-
solidated does not own and control the
franchises Of this company and that even
il it did the franchises are void by reason of
non-use. for the failure to lay pipes as pro-
vided.
While no statement was made by the
Acknowledgement as to what would be
gained should this action prove successful,
il was stated at his office that the success
Of the suits would facilitate municipal
ownership. should such a move on the part
Of the people be decided upon. In other
words. it was said by one in the Attorney
Generals Office that the gas companies
would come to easier terms in selling their
plants to the city.