New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-29
CITY'S GAS SUIT BEGUN.
AIMED IT FRANCHISES.
Hasten C'iticises Peoples Counsel
for Taiking to Newspapers.

Corporation Counsel Ellison instituted suits in
the Supreme Court Yesterday TO deprive the
Consolidated Gas Company and its nine const;t-
uent companies of their municipal franchises
The actions are brought separately, SO that, if
the city shoVld win. the entire combination
would lose its right TO maintain pipes in the
streets. result that would not necessarily fol-
low if only the Consolidated was attacked
The troubles of the Consolidated, which start
ed directly after Special Master Masten had re-
ported that the corporation could not be obliged
TO sell gas at the S0-cent rate, seemed 10 pile UP
on all sides yesterday in a sort of continuous
performance. In the morning counsel for the
city and the state got a continuance OF time until
Monday in which to file their exceptions and OBJ
jections to Mr.. Masten's report. few hours
later there came before Justice Truax, in Part l.
Special Term Of the Supreme Court. the matter
Of the application made by Attorney General
Jackson for permission 10 sue the Consolidated
and annul its corporate existence. The gas COM
pany's lawyers got adjournment until
Monday.
And then came Mr.. Ellison's action He
charges that the charters of the various COM
panies have either lapsed or have never been
legal Those he names separately are the Con-
soidated Gas Company. the New York Mutual
Gas Light Company. the New Amsterdam Gas
Company. the Standard Gas Light Company and
the following subsidiary companies OF the Con-
soidated: The New York Manhattan. Metro
poIitan Harlem Municipal and Knickerbocker
Gas Light companies.
Mr. Ellison said that summonses would be
served on all the officers wanted. probably within
few days. Those who are served will have
twenty days in which TO file their answers
The Corporation Counsel explained his stand
10 Tribune reporter yesterday afternoon.
Ny action is not as broad in its scope as
that Of the Attorney General and my idea in
this present matter is not to aim at the COM
pany's existence he said. Should be sue
cessful II the suits it would mean simply that
the municipal franchises had been cut off and
that if the companies wished 10 get them back
they would have 10 make application for new
ones and pay for them. This is altogether apart
from the rate of gas, and my purpose is 10 at
tempt TO force the various companies grouped
under the Consolidated 10 pay the city rea-
sonable remuneration for the great privileges
they enjoy
The Attorney Generals action is directed
against the Consolidated, first on the ground
that the charters and franchises of some of its
constituent companies are void, and second, on
the ground that the Consolidated should be dis
solved because the combination Of the companies
whose franchises are good is in effect a monop-
oily Nj Ellison has been investigating this
feature of the case. He said yesterday that he
would be pleased 10 give any assistance possibles
70 help the states action.
He went say that his action would not
in any way Interfere with the Attorney Cen
erals application for a suit the permission
70 Nr. Ellison pointed out that the city
might sue Of its own Accord without getting the
right from the courts. and that. therefore. he
was expediting the general question Of ascertain
ing the Consolidated's legal status.
At the adjourned hearing in Mr. Masters IL
brary. a. No. 49 Wall street, he told Deputy
Attorney General De Ford and Assistant Cor
poraton Counsel Burr, who asked for an extern
sion Of time in which TO prepare their objections.
that If they talked less TO the newspapers they
would have more tine for their work Counsel
for the city and state had pointed out that, ac-
cordlng 10 federal practice, exceptions could not
be taken 10 the report after Il was filed unless
they had been covered in the objections filed
against the draft report. For this reason both
Mr.. De Ford and Mr.. Burr were anxious 10 go
over the report with a fine tcothed comb so that
they might have every opportunity 10 protect
the interests Of the people.
Before granting the extension of time 10 file
their objections, which Will be argued before
him on June 8, Mr. Masten said: If counsel in
this case would spend perhaps less time in see
Ing newspaper men, in giving out interviews in
criticism, and spend the same amount of time in
debating their exceptions TO stenographers,
there would probably be no. need OF further
Delay. one reason why this case should receive
dispatch is that counsel for the defence have
seen TT to give out disjointed extracts of this
report, which think a very improper thing
70 DO In advance Of the completion and confirma-
non Of the hna! report. The publication OF these
extracts spread broadcast very erroneous i'm
preston and il is desirable that the final report
be put before the public soon possible and
the impression corrected"
Before Justice Truax where Deputy Attorney.
General Fierstone appeared behalf of his
chieIs application, counsel for the gas company,
who had appeared in response 20 Justice Davis's
order 70 show cause, declared that they had not
an opportunity 70 go into the very grave and
complicated questions" that had been brought
up on this ground the adjourned
ulll Monday. in the face Of the objections of
-ar- lerFtone, who thought they should be ready