New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-11
NEW GAS SUIT BEGUN.
JACKSON HASTENS CASE.
Starts fiction No5o for Forfeiture
of Franchises.

Attorney General Jackson announced yester-
day afternoon that he had begun action
against the Consolidated Gas Company Of New
York with the view OF ousting that corporation
from the exercise Of certain of the franchises of
It's constituent companies which are said to
have expired.
Mr.. Jackson said that. according TO his view,
the public interest demanded that this action he
taken without loss OF time. and that therefore
no had taken such steps as the law permitted
him, without waiting for the cumbersome pro-
cedure Of tho courts.
ON June > the Attorney General appeared be
fore Justice Mccall. in tho supreme Court, and
asked "A permit to begin an action against the
company anUung its corporate existence For
such action permit was necessary, but the
present suit IS narrower He asks simply that
franchises he forfeited and that the company he
prohibited from carrying on monopoIistc bust
ness. BY narrowing his action he avoided the
necessity Of waiting for Justice McCalls ruling
and this hastens the procedure. The broader
suit. however. is still pending and will proba-
bly, be pressed should Justice McCalrs decision
he favorable.
The Attorney General says that his grounds
| for taking this new move were that the fran
! chises under which the company was operating
had not been conferred by law. and that II had
! violated the laws which prohibit combination
| 10 create monopoly. and also that the company
| had abused its corporate powers in such way
! as to render It liable to forfeiture of its cor
norato l,ra
| -, 49,. .-,,,a .,,,. h.sa ,, l.,
.bo T-i.o1 -+atas Circ,,It ,,o,,rt i ,,,,c,od h,.
| Mr.. Jackson as fully sustaining the fgal pro-
/ prIcty Of the application insofar II refers to
! a monopoly created by the gas company.
| ,,,o =, ca1soItda,,o oerrao,,,or, ,i -
| c,.a1 ~ Tho oq,b da,. ~ Se1tor,bor ,es4 :, ~
| suant to the provisions of Chapter 367 Of
! the Laws Of 1854. a merger was formed of the
| g. IL+ f,o,,,,,7. ,bo ,I,r,,,,1,,o,, O., 7 ie,I,
| -. - ~ ,i,,. -, %oo. Wi, ~ ,I,,riaI
! ,@ ia,, ,,l.''..,,, ~ - ~, Ia, ,I -,
| I<r,,l,orbocar Gas Iirht Cornnanv al Of which
| ,,.ar. corrorotions d,,Iv ,rranized'
,r,l,t,. ~ -. \-a,,, Vol, Cae igbt --,r,Do,,.
! ''N'''H "P '''' :" ~ - So ''l'''''
MI JACKSON says .'''ei 'AI''.e @ ,'S as
' with the city. made on May L. 10, that the
I company the time OF the consolidation did
/ not own and was not entitled to use any fran
/ ,biso corsauts ripb.s or ,rf,-iIcres whatsoever
J 80 - .I 49,. - ~. VII. -.
/ '' va " So : -. -. =
/ the use thereof from the state of New York or
! the city OF New York
! The franchises and consent, says the Attorney
+ General. terminated on May II 1873
/ 10 s,,, tho Manhattan Gas Light Co,npauv
/ -, - . r,,,iaI a.. ..,t,'a1 e.
. l'''"' poi0'e" u"'' -. a. -
! franchise on May =. 800 ana duo'HtI PtI@n. @
/ On May >. lN1S. which expired IN May lS'"
! and lS6S respectively. Therefore he holds that
at the time of the consolidation the company
/ .,, =. Ia ar,, frarcbises or rights to the
/ va" i' -
. streets ol ule Guy
The metropolitan Gas Llgh' COMPANY OF 'hF
/ city OF New York was Incorporated III lno'' ana
received n franchise on pecehlper - IooS' Wh'n
expired in 1883. This company aIs"' tne At'"r-
ney General contends. mas no rights III the city.
The same conditions exist the state contends
with regard to the Municipal Gas Light Com
pany of New York. incorporated on May ~ ~
under the name or the Muh'riPai OXYGEN ''as
Company, receiving a Tah'illSe Oh ""rch -
1877, which expired last March' ana lle Haren'
Gas Light Company Incorporated on reorudrY i
1S55 receiving n franchise on Nplh -" 1885,
which terminated last February.
oP tho Knirkerbocker Gas Light COMPANY the
,tt aa,.o.
coWplalut S'SS'
The defendant pretends to be the owner. by n
series of mcsne assignments ana conVeyanceS 10
the said The hnickerhock't '''S tisHt 'o"IPahS'
of a franchise. and the rights ana privileges con-
| ferred thereby or any; tHesfu 10 nave pttI
granted to certain individuals utder ana oy virtue
OF CHapteT 3tf OF tl' l''," Va i''4'