New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-25
JACKSON In GAS FIGHT.
ASKS FOR COURT ACTION.
May Join Ellison in attempt to
DisSOIre the Trust

The Consolidated Gas Company has beer
bombarded flank and rear by the forces Of the
Attorney General and Corporation Counsel. At
torney General Jackson filed a petition yester-
day with Justice Davis in Special Term, Part
II Of the Supreme Court. for permission 10
bring suit to dissolve the company the
grounds that the franchises of six OF its con-
stituent companies had expired, and that the
Consolidated had created a monopoly in gas
and electricity by holding majority of stock in
seven other companies.
This action took place within a dozen hours
after Corporation Counsel Ellison conferred with
the Mayor and announced that he would inves-
tigate TO ascertain whether the franchises
could be declared invalid. The next shot from
the Corporation Counsels Office came late ves-
terday afternoon. when Mr.. Ellison issued a
statement saying he would test the validity Of
the title 10 a million dollars worth of real
estate held by the Consolidated Gas Company.
which from time TO time the city has claimed as
its property.
These three contemplated suits follow closely
on the report of Special Master Masten who
said that he believed the company could not
sell gas Tor less than dollar. considering that
s2Goo0oo0 worth Of franchises must be looked
on as part Of its investment Master Masten said
however. that he was not taking up the ques-
ton Of the validity Of these franchises. inas-
much as no evidence was produced Of any at
tempt 10 oust the company from the streets.
This reservation. according TO careful observers,
seemed 10 be the cue for the latest legal at
tacks
The Consolidated Gas Company is prepared to
resist all the allegations. statement setting
forth its defence was issued last night by Rob-
ert Z. Livingston, press agent for the company
after a long conference with John W. Sterling
,FC 2
idated, at No. 46 Wall street. Mr. Livingston
said that officers Of the company were surprised
al the action taken and at those threatened
The general contention Of the company IS that
the validity of its franchises has been recog-
nized by the state in assessing them and by the
city n collecting taxes on them. That there is
monopoly is denied. on the ground that the
state fixes the price of the commodity
JACKSON MAY AID ELLISON.
Whether the action regarding the franchises
viii be taken by Mr Jackson or Mr. Ellison
separately or together was mooted question
yesterday. Although the Corporation Counsel
was first in the field, the Attorney General is
At present in the lead. since he has actually filed
his application
When Mr.. Jackson was asked yesterday
whether his suit would interfere in any way
with that contemplated by Mr. Ellison he
smiled and said: Well, 1 don't know the plans
Of Mr. Ellison, but have started my action"
MI Ellison said he pleased at Mr. Jack
sons pTomptness, but pointed out that the city
had The right 10 start proceedings without OBJ
taining the consent of the courts. He added
that in the event Of Mr.. Jackson receiving per-
mission 70 proceed he hoped some agreement TO
join forces could be arranged.
Justice Davis on receiving the Attorney Cen
erals petition yesterday said that he would not
grant his consent 10 the action on an ex parte
application. He issued, however. an order on
the gas company to show cause why the appli-
cation should not be allowed. The order is re-
turnable next Tuesday.
Mr.. Jackson asks that the Consolidated Gas
Company be deprived of the same franchises
which Mr.. Ellison said he believed had expired.
These companies are the New York Gas Light
Company, the Manhattan Gas Light Company.
the Metropolitan Gas Light Company Of the
City Of New York, the Municipal Gas Light
Company. the Knickerbocker Gas Light Com
pany and the Harlem Gas Light Company
Mr.. JACKsON's STATEMENT.
Mr.. Jackson further asks "a judgment an
nulling the existence" Of the Consolidated Gas
Company, on the ground that it has created q
monopoly by its other companies. In his state
ment he said Of these:
- an informed and believe that the Consolidated
80 company, IoT the unlawful purpose Of securing
eIu 81 ming monopoly OF lighting city
=. Ne" ork, has purchased a ma jority OF the
Sch 60 OF me New York Gas and Electric Light,
Eeat and Power Company, the New York Edison
SSolAlay, OF the United Electric Light and Power
COMPANY, TIE New York and Westchester Lighting
ssSs--paty, the New York Mutual Gas Light Conn
S-lg, the Standard Gas Light Compauv ana the
go se% amsterdam Gas Light Company. and that
tGch purchases were in violation OF our laws nro~
--.--'e OF monopoly IN articles OF common
.tt4e necessity and that by these una Wful acts
"a -4.o4s ms CIeEded against the provisions
- t-s act under which il created and BY gIch
s5oy o us corporate powers has forfeited all its
IAe recent report Of AIr Masten the ,nester IN
kg-ted by the United States Circuit Court in The
,.F1Hit eaS JaW case, places valuation of many
Susf-is.o4 " ooI4sTs upon these expired franchises
" lateVer may be the defects IN tbess 80,
fbs3- Llie iact remains that the complainant has
6a,.. Ill use and enjoyment to-day and no ey-
- Whatever appears In csse thar its ri,,i
s;sta them has been attacked by either Inc
is - W Ile municipal authorities. There
- ~ tFloence OF any attempt 10 GUST the corr
ne - any o. Us constituent companies from
rc gIssession Of the streets" I'M |
soif5so.~ propose 10 attack the right Of the Con- |
t;ses t;os IN order that the placing of enormous In
~ is Upon "rat viii be- IN effect, nothing hui 10"
Of The nay nor be used TO defeat the purposes
Of sEs5e Ea Is no reason why the people Of the civ
shsT NV W, York should not have s1-ccnt gas ana |
oS IN the way. '-aI
REPLY BY MR.. ELLISON.
corporation Counsel Ellison ,,b., .o,, .
In it he said: III iepIS'
which ne eFbssdy b pleased at the rror,,,oss ,.,,
end il Will be a niaap ~ ms most important nattor
M teseIy way possible m ~ 20 cooperate with |