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" J w FTT- Tlt T ! -t ' f ."v ' Jl v Vt THE OHIOAQQ HULQlaHJ, w n-H - v x , At feVf f , .,,l t I I 'I ? I ill I i: FACTS ABOUT THE GAS TRUST. Tbe Consolidation Bill Violates the Con stitution at tbe Outset by Its Faulty Title; Violates the Constitution in Taking Away the Right of a City to Grant Franchises, and Givus the .Trust the Right to Charge Three Dollars per 1,000 Feet for Gas. Provisions of the Ordinances Granting Fran chies to Various Consolidated Companies in This City. One of Them Was Forfeited for Non-Compliance with Contract Back in 1892. 8ome Interesting Information Which the City Oouncil Should Call For from Various Officials. The Gits Trust paid ?250,000 to metn 1h.t of the Fortieth General Assembly of Illinois for n law under which it could rob the people to Its heart's con tent. Hut It overlooked n few points that even bribery couldn't cover up. Section i:j of Article 4 of the Consti tution of Illinois declares that no sub ject not embraced In the title of n bill hhall become a law. There are some Mibjccts in the body of the infamous tcas-conoolldatlon and frontage bill not vuilirnced lu the title, lleuce the law U void. THIS LAW. known as the "GAS CONSOLIDATION ACT," empowered nil existing pis companies to consoli date with and merge Into n single cor Iteration, "which fcha.ll be one of said merging and consolidation corpora tions," and Inasmuch as this ACT, con voying purjwrted authority, grants to all then existing gas companies In the city of Chicago certain exclusive rights and privileges, uot contemplated by or given them by any ordinance of the Chicago City Council, and ns the right .to Jsue franchises nud prescribe terms for privilege? granted "thereby Is ex pressly reserved to and held to bo in herent In the City Council by the State Constitution of 1S70, which provides that the State Legislature shall not grant and cannot convey rights and privilege)) In the streets of cities to cor porations or Individuals, except by and with the consent of the local authori ties (meaning the City Council), It is unconstitutional on that paint. LET US LOOK AT SOME PERTI NENT FACTS relating to this point: In ordinances passed by the Chicago City Couucll, prior to the passage of the "Gas Consolidation Act," and un der and by virtue and existence of such ordinances, certain bonds, con tracts, privileges and obligations were assumed by certain gas companies, in return for franchises granting them provisional rights In the use and occu pancy of the streets, always subject, Lowever, to the reservations held in Mid ordinances for the benefit and pro tection of the people comprising the municipality of Chicago, the Intent and object of which provisions Is apparent and well known, and In such ordi nances It is expressly stated, reserved and provided, to wit: 1. CONSUMERS' GAS, FUEL AND LIGHT COMPANY.-A perpetual fran chise passed April 2S, 1SS2, granting the corporation the right to the use and occupancy of the streets, in return for which the corporation agreed and bound Itself by bond and various pen alties, to lay nil feeders and fiervlco plpcn at the time of laying main pipes, without sulseiuent disturbance of the surface or pavements; to extend Its main pipes when ordered by a major ity of the City Council. In any block, oue-half of which shall be Improved by buildings; that the corporation should not extend Its pipes beyond the city, or allow any connections to bo made with its pipes to supply gas to any con wtimers outside of the city; that it should not charge moro than 25 cents per foot for service pipes, nor charge general consumers of gas more than $1.75 per 1,000 cubic feet, giving ton Hinners of more than 100,000 cubic feet per year u rebate of 25 cents per 1,000 cubic fwt; that said company should l; mibjtrt to all existing general or dinances concerning gas; that the city should have tho right to !nsject meters and that the gas supplied should be of the uniform average of Id sperm can dles, burning 120 grains per hour in a Moot burner; that the company's rights ami privileges provisionally granted should be forfeited miles with in threo years from date of acceptance of the ordinance It had erected and hud In ojx-ration works anil mains suf ficient to distribute ten million cubic feet of gas every thirty days, said works to cost not less than $500,000; that If said company should directly or Indirectly sell, lease or transfer Its frauchlse and privileges to any other gas company or companies, or cease to manufacture and furnish gas for n period of more than ten consecutive days; or If it should fall or refuse to extend its main pipes when requested lo do so by a majority of tbe Council, Its rights and privileges should cease and be of no more effect and that this termination "shall uot be required the Judgment or decree of any court;" that the price charged for gas should never exceed the rate named In the ordinance and that It would neither sell nor lease Its franchise or privileges and would not enter Into any combination with any gas company concerning rate or price to be charged for gas and should give bond of 9500,000 to satisfy nny damages to tho city of Chicago or any consumer of Its gas who should suffer through violation of any obli gation, or conditions of the ordinance, the liability not to be limited by tho amount of the penalty of said bond. 2. EQUITAIJLE GAS LIGHT AND FUEL COMPANY.-Au ordlnnnce granting a perpetual franchise, passed Aug. 10, 1SS5, authorizing the company to construct, operate and maintain works, lay mains and service pipes, the company agreeing to charge not moro than 25 cents per foot for service pipes; to charge not more than 91.75 per 1,000 cubic feet for gas, with a re bate of 25 cents per 1,000 feet to all users who consumed over 100,000 cubic feet per annum; "any attempt to col lect a greater rate would work a for feiture of all rights and privileges;" that meters and quality of gas shall be subject to inspection and tests; that mains should bo extended upon de mand by two-thirds vote of tho Coun cil In any block three-fourths of which shall bo Improved by building; that the company should expend $100,000 within the first twelve mouths nnd lay mains nnd distribute within three years gas to the extent of Ten Million feet every thirty days; that If said company shall nt any time enter Into nny com bination directly or Indirectly, with nny gas company or companies, concerning rate or price for gas, or shall directly or Indirectly sell, or transfer its rights and privileges, all its rights and privi leges under its franchise, without nny Judgment or decree of nny court, shall fully cease nnd terminate absolutely, and the company was required before the ordinance became operative to give a bond of $100,000 ns surety to the city or any consumer of Its gas for any dam age they might sustain by reason of nny failure o,f the company to jwrform nny or single of the obligations Imposed by Its charter, said bond not to be set up as the limit of liability. UNIVERSAL GAS COMPANY.-An ordinance for n flfty-yenr franchise, passed by tho Council July 2.'t, 1S(H, which provided expressly that tho com pany should not charge geueral con sumers to exceed $1 per 1,000 cubic feet, nnd that upon this charge tho Universal should pay the city 10 per cent, of Its gross receipts, and If, or when, tho company should reduce the price to 00 cents or less, the company should be releused from paying tho city nny percentage. This company was required to expend $100,000 upon Its works nnd mains within twelve months, nnd within three years to have n plant capable of supplylug to con sumers ten million feet of gas every thirty days; tho company was required to deposit $100,000 In cash with the City Comptroller und give bonds of $100,000 additional for faithful compli ance with nil provisions of the ordln nnce; agree that tho rate named should never be exceeded; that the company would not enter Into nny combination with any other gas com pany; and that Its liability for any damage resulting to tho city or consum ers for any damngo resulting to the city or consumers for nny Infraction of tho provisions of Its franchise would not be limited by Its bond; nil upon tho express condition that tho com pany should not sell, lease, transfer Its privileges or enter Into nny combina tion ns to price with any other trust or corporation, and the company spe cifically agrees that for any violation of Its obligations to the city or consum ers, Its plant, mnhlnery, tools and ap pliances shall revert and belong to the city, without Intervention or process of law; nnd It Is expressly provided thnt the city shnll have tho rlk'ht to pur chase the plant entire nt an appraised value at the end of fifty years. OGDEN GAS COMPANY.-An or- dlnatice passed Feb. 25, ISO.", granting n ilfty-yenr franchise, subject to nil general ordlunnces regarding gas com panies then In force, the company ngteelng to charge n fixed maximum price of 00 cents per 1.000 cubic feet to general consumers nnd 75 cents to the city, or $10 per annum for each street lamp consuming four cubic feet per hour, Including the labor of light ing nnd extinguishing tbe same, the city expressly reserving Its require ments of this labor ns n part of the con sideration for the ordinance; also that the company shall pay the city not less than 3 per cent, of Its gross receipts; make n statement nnuunlly under oath of Its gross receipts to the Comptroller, who shnll have free access to Its books at nil times; submit Its meters to In spection nnd quality of gas to test, ns prescribed; expend on Its works nt least $100,000 within twenty-four months from acceptance of ordlnnnce; manu facture and distribute five million feet of gas every thirty days within three years from date of acceptance; nnd the ordlnnnce prescribes ns accepted that the price to consumers shall never ex ceed tho rate prescribed by the ordin ance; that the company shall not charge any person for service pipe, but stall lay tbe same nt Its own expense, and the company agrees nnd did give bond of $100,000 ns surety that all the provisions of tho ordinance shall be faithfully carried out, under unlimited liability for damages, and that at the expiration of the life of the ordinance the city shall have the right of fran chise nt nu n greed appraised value. CHICAGO ECONOMIC FUEL GAS COMPANY.-Au ordinance pnsed July 31, 1801, conveying a franchise for fifty years for the supply of both man ufactured and natural gas, upon the same general provisions nnd require ments governing the other companies, especially the provision of Section 12, which provides thnt lu case the said company should nt any time In nny manner enter Into n combination di rectly or Indirectly with nny other gas company. Its ordinance nnd privileges should become null nnd void and all rights revert to the city without refer ence to any court or legal appeal. The company ngrced to charge for Illumi nating gns $1.10 per 1,000 cubic feet, with 10 cents reduction per 1,000 feet for prompt payment, nnd 00 cents per 1.000 for natural and fuel gas. with 10 cents reduction for prompt payment; agreeing and contracting also to pay the city 3 per cent, on gross receipts from Illuminating gns and 5 per cent, on gross receipts from sale of nntural or manufactured fuel gas. and to fur nish g-is to the city for $17.50 per street lamp post per year. ON THE 20TH DAY OF FEHRU ARY, 1802, n preamble ami resolution was passed by the City Council, re pealing tho nbove Chicago Economic Fuel Gns Company ordinance, nnd declaring nil pipes and connections lu the streets of the city to be city proper ty, in accordance with the provisions of the ordinance regarding forfeiture, and upon the ground thnt a majority of the stock of said company had passed Into the hands of the Gas Trust. THE OGDEN. It is now currently reported, nud there are grounds' for be lief, thnt the Ogdcn. Gns Company has entered upon a contract with the Gas Trust agreeing not to extend Its plant or pipes any further for a period of three years. ALL EVADE THE LAW. All of the above companies and corporations have evaded the plain letter and legal requirements of their franchises and by the terms of said franchises have forfeited every right and privilege con tracted for with the city and conveyed provisionally by ordinance. VIOLATE FRANCHISES. It Is pro vlded In an ACT regulating the condi tions for the granting of rights nud privileges for lighting nnd heating pur poses by cities, nlso passed by the lute 10TII ASSEMBLY, that no gas com pnny lu future shnll be granted privi leges of building or extension of mains and pipes, except they secure petitions signed by owners of more than one half the frontage of each mile nnd frac tion of a mile of any street or' alley, which requirement is designed to pro tect the merge companies In their Ille gal evasion of contract obligations, and prevents any competition, through the organization and operation of new companies, now nud forever In the fu ture, and said ACT U directly in con lllet with the ordinances passed nud franchise eoutracts mutually entered Into by the city and gas companies, which Intter gained vnluable rights and privileges thereby, nud whose du ties ami obligations, ns well as the rights of the city and of its citizens, nre therein specified, reserved nnd pre scribed, CAN RAISE THE PRICE. The IN FAMOUS "GAS CONSOLIDATION" ACT provides that after one year the GAS TRUST may charge any rate charged by any company with which merger or consolidation Is made, as. for Instance, with the PEOPLE'S GAS LIGHT AND COKE COMPANY, which has a perpetual franchise from the State nnd may charge as much as $2.75 per 1,000 cubic feet lo the city and $3 per 1,000 feet to general eou sinners, thenceforth and forever. S U P R E M E COURT AGAINST THEM. The Illinois Supreme Court has held and decided that an ordinance granting franchise privileges Is n con tract by mutual consent, and the rights and privileges so granted are consider ations In the same, and evasion or re pudiation of the spirit and letter of the contract or any change therefrom un less by consent constitutes n forfeiture of right, and, ns It lias always been held a proposition lu both English aud American Itiw that "ACTS conferring speelul privilege upon or granting pub lie property to private Individuals or corporations are construed strictly against the grantees and in favor of the State" or the municipality. MENACE TO ALL. Section 0 of the GAS CONSOLIDATION ACT Is retroactive, nnd provides thnt "any corporation purchasing or leas ing the property of any other com pnny shall bo subject to and perform for each of tho companies so entering into snld ogreement the legal OBLIGA TIONS now resting upon each of them respectively under their charters nnd ordinance)." "In tho same man ner nnd to the same extent as If the compaules had remained Individual and distinct," and, providing, however, "thnt nothing lu this net shnll lie con strued as extinguishing said companies entering Into the agreement or agree ments mentioned, or nnmilllnir nr tin. pairing nny of their respective frnn- enises, licenses or privileges, but that they shall severally bo regarded ns still subsisting, so far ns their continuance for the purpose of upholding nny right, title or Interest, power, privilege or Im munity ever exercised or enjoyed by any of them, tnnv bn noecssnrv for Jim protection of their tespeetlve creditors or mortgagees, or any of them" nnd SECTION 10, of the ACT, which Is a violation of the letter of the Constitu tion, In thnt Is attempts to supersede the rights expressly vested In the City Council by the Constitution, In relation to grntlt tirlvlteces In the KtrcnfR nf tin. city, nnd would destroy the vested ngnts nnu property Interests of the city nnd liabilities and obligations to the city nnd its citizens assumed by the gns companies, under their ordi nances nnu rrnticliJse contracts, by pro viding that "the purchase and salo or lease, or consolidation and merger, shall Hot be held or construed ns n vln. Intlon of the provision of any ordinance or bond given thereunder," thereby en deavoring to protect the evasive nud dishonest gas companies nt the ex pense of the legal and equitable rights of the city nnd Its citizens. READ AND PONDER. This emtio CONSOLIDATION ACT, In SECTION 10, provides thnt "Ir mso the property sold, or leased, or acquired through consolidation or merger, Is subject to mortgage OR OTHER LIEN, such mortgnge or other lien shall be and re main n lien upon ALL PROPERTY so sold, purchased, leased or AC QUIRED, so that the same shall be liable for and respond (to the payment) of such mortgage or other Hen exist ing nt the time of such sale or Inn up." nnd "Any corporation purchasing or tensing the real estate and personal property of any other company or com panies shall PAY AND DIS CHARGE all debts aud LIABILITIES of each of tho compaules, and actions may be brought and maintain ed and recovery had therefore against the compnny so purchnslug or leasing, or against such consolidated corpora tlon,"nndln SECTION 11 It Is provided thnt the consolidated corporation, or GAS TRUST, "shall furnish gns to con sinners ns good lu quality as It fur nished previous to such purchase or lease, and shnll not Increase the price charged by it for gas of the quality furnished to consumers during ANY PART OF THE YEAR IMMEDIATE LY PRECEDING such purchase or lease, or such CONSOLIDATION," un der penalty (section 12) of Liability IN DAMAGES THEREFOR to the PER SON AGGRIEVED, nud shall, for each oltense, forfeit two hundred dollars, In nu action for debt, In the name of the people of the Sfate of Illinois, or by nny person who may sue for tho same, nnd such comnanv shall nlsn ! liniiin to proceedings QUO WARRANTO for violation or either or said provisions, nnd If adjudged guilty the court may give Judgment of ouster from Its fran chise, 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 tho city or by the people as to continuous intermittent violations of franchise restrictions and renulromentu ns to price, quality nud Inspection of gas. The City Council should ask for the following Information: 1. The Comptroller shold be directed to report forthwith to the Council, at its next regular meeting, what. If any, receipts hnve come to the city from gas companies under the provisions of any of tho gas ordluances; what, If any, street lamps nre being supplied with gns by tho Ogdcn Gns Company; capacity of the plant, and Jf snld com pany or any other Is performing the labor of lighting nnd extinguishing said lamps, and what, If any, contracts have been let to gas compaules for sup plylug tbe city with gas, together with the name, or names, of said company, or companies, nnd tbe amount of which snld contracts have been let, and by what authority. 2. Tho Corporation Counsel and the Comptroller should be Instructed to re port forthwith to the Council whether, In accordance with the provisions nnd requirements of tbe resolution of Feb. 20, 1S02, tbe franchise of the Economic Gas Company was duly forfeited and Its pipes and equipment recovered to tbe city, and, whether any permit has been issued grouting nny other com pany tbe use of said pipes, aud also whether nny measures have been taken to recover to tho city its rights and In terest In the pipes nud equipment of other gns companies, which, by eva sion and Infraction of their ordinance and franchise contracts, have forfeited said franchise and their plant nud equipment to the city, nnd whnt, If any, measures have been taken by the city to recover peunl sums on bonds filed by nuy of the above named companies ns surety and guarantee for the per formance of their obligations to the city nnd to gas consumers In general. under tho terms of any franchise which nny of said companies through evasion or noncompliance with all the terms nnd requirements of said fran chise hnve forfeited. 3. The city gas inspector should be Instructed to report forthwith, direct to tho Council, whnt, if nuy, tests have been made during the pnst year of tho power and Illuminating quality of gas, as required by the various gas ordin ances, provisionally grouting street and other privileges to gns companies, and Jf such required tests have been made, to state for what company, or companies said gas was Inspected, ex amined and tested, nud where and by what process said gos was manufac tured. 4. The Comptroller, tho Corporation Counsel, the City Gns Inspector 'nnd tho Commissioner of Public Works should bo severally Instructed to re port forthwith to tho Council, In what, If any, resjicet nny of tho gas compan ies granted ordinances and franchises by this Council have violated said or dinances and have hereby become lia ble to forfeiture of their franchise rights nnd privileges back to tho city. 5. The Corporation Counsel should be directed to commuulcale with the At torney General of the State and to re- n'tiest Ills CO-onemtlnn nml annnnrt In the 'Inauguration on behalf of the city of Chicago of proceedings in QUO w.iKKA.vru, ior the purpose of dis covering the present condition nnd sys tem of operation and responsibility un der their ordinances nnd franchises of the various gas companies and the con solidation of these companies known ns the GAS TRUST, which arc operating under tho provisional ordinances und franchises granted them by the Coun cil, with the view of determining In n court of last resort whether the said comtianles. or the said GAS Tlltlsvr are legally fulfilling their duties and ouugntions to the city ami its citizens. ITEMS OF INTEREST Mr. William Flukler. one of hn trot Aldermen the Twenty-sixth Ward ever had, has opened The Ealc Buffet at 107 Randolph street. The furnishings nre elalwrate and the stock of the very best. Mr. Fink er s nt tho benil nf nnn of the llnest places of business lu the country nnu lie Is a model host. George W. Grler, Jr., and M. A. Marx, formerly with Mathews & Co., have opened n line tailoring establish ment In the Great Not them Building. 77 Jackson street. The ilrtn name Is Grler & Co., nud they propose to be come the leading llrm of Importing tail ors In Chicago. For the correct lint, nntronlzo Dun. lap, the Palmer House hatter. For tbe best custom-innilo nlt nt clothes In Chicago, nt reasonable prices, patronize Tom Rowan, nt Work Broth ers' great establishment, 238-240 Fifth avenue. Try "Almannrls" on the side. It won't cost you any more than bottled lake water. For tents, awnings nnd waterproof covers go to Murray & Co., 320-333 South Canol street. These people nre leaders In this line of goods. Murray & Company, who lend In the awning business, and who were located on Randolph street for eleven years, In vite you to call at their new mammoth establishment, 320 to 333 South Canal street. As n mixer with fine wines nnd lit ,uors, "Almauarls" has no equal. One trial of "Almanarls" will con vince the most skeptical. Tl best Uvcry men and business men who own their own stables patron ize Murray & Co., 320-333 South Canal street, for stnble nnd storm blankets, waterproof covers, adjustable buggy aprons, etc. Don't forget their number, 829-333 South Canal street. Dunlnp's famous hats and silk um brellas are the best In tbe world. Make a lemonade from "Almanarls" water very One. "Almanarls" Is the highest located spring In Waukesha, 100 feet above Fox River. Try a "high ball" made from "Al mannrls" wnter; It won't cost you any more than lake water. Tbe telegraph manual Issued by the Western Electric Company will teach nny one the art of telegraphy. To get n copy nddress Department 0 G, West ern Electric Company, 2-12 South Jef ferson street, Chicago, and iueloso 25 cent. "Almanarls" is equal to Imported water, and doesn't cost you any moro than common old lake water, put up by local bottlers. Ask for "Almanarls," and insist on having It. The best business men In Chicago dine regularly at tbe Northwestern Ca tering Company on Randolph street, opposite the City Hall. The famous Zacherl and Bohemian pole beer are kept on draught constantly, and all lovers of good beer say the products of tbe great Northwestern Brewing Company cannot be excelled anywhere In this country. For nourishment drink the famous Zacherl beer, brewed by tbe North western brewery. "Nature smiles through sunbeam's" Is tbe trade-mark of the Sunbeam In candescent Lump Company. The Wurzburger and Prima boer, brewed by the Independent Brewing Association, cannot be excelled in tils country, or any other. Don't forjet their number, GSO-012 North Hoisted street. Telephone North 045. VALUABLE IMFORWATIOH. Location of Chicago Depots and the Various Roads which Leav Each Station. DEARBORN STAHON-D.irtwiSP.lkSU. Atchison, Topeka aud Siwta Fe. Chicago and Eustern Illinois. Chicago und Grand Trunk. Chicago and Eric. Motion Route. Wnhash. ORAND CENTRAl-HinlMn SI. SFi'lfe Avt. Chicago ami Northern Pacific. Chlcngo and Great Western. Wisconsin Central. Baltimore nnd Ohio, UNION DEPOT-Caul Mimt Slmll. Chicago, Milwaukee and St. Paul, Chicago, Burlington aud Qulncy. Pennsylvania Lines. Chicago and Altou. Pan Handle. CENTRAL STATION-HI Pirk Row. C C, C. and St. Louis (Big 4 Route). Chicago and West Michigan. Mlchlgnn Central. Illinois Central. BOCK ISLAND DEPOT-Vii Birtn SI. ft PHfc Sn. Luk'e Shore and Michigan Southern. Chicago, Itock Island and Pacific. N. Y C. St. I (Nickel Plate). OHCAM NMTNWUTUN-ttHto A M. r ,, -' r-iriiiMiiWa"T MURRAY & CO. ESTABLISHED ! FLAGS. TENTS. BffifJT RUDOLPH HURT, Tailor and Hatter. 693 BLUE I8LAND AVE., CHICAGO. Btwn 18th and 19th til.) Uniforms of All Kinds m Specialty. PRICES REASONABLE. W. D. CURTIN & CO., 'fHsiBBBBBBBBBBBW 9sV 148-160 Walls Otreet, Tlp)hn Nrth SSS. LIVERY: 148 ind oatai JOHN ADANK, Livery, Boarding, IA.ND: SALE STABLES. 331 and 333 Webster Ave. (Tel. North 646.) CHAS. BURME1STER, UNDERTAKER! 303 Larrabet Street, Telephone North 188. R. K. SLOAN. SLOAN & Livery and Undertaking. a 8a i and 2833 Archer Ave., Chicago. Tslsphon Yards 731. Hearses, Carriages and Buggies. Orders Promptly Attended to Day and Night. E. MUELHOEFER & BRO. UNDERTAKERS 112 and 114 Tflswiana north 411. "a . t. t i . Ink ..,s!-....' ; - Ii-''.!iMl - ----" Manufacturers off TENTS for Aii purpsM- AWNINGS for Storss PJosldenQoa CII1N5 of Ivry UlUllU d COVERS Description. Whlto Canvas and Water Proof. FLAGS of All Nations. NOT! CHANGI OP ADDRISSl 329-333 S. CANAL ST. Undertakers Embalmers and Livery.- 176 Grand Avenue Tlhn Main : 150 Wells Street. CHICAGO, ILL U. CORNISH. CORNISH, Clybourn Avenue, OHIOAOO. . iPM lfL ,.. .xMMdAi,tl 3.fO.'r IjiStL. V.Vii'I rtAt"ai ' ' JifcT'n'! ' T 'i"lV1'Tm'l'itfT ' r.-ji- "T.-TM MTMriiT 5 J