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fcMitn ii! f yt" isswwwffw ?" in i ,Mbmmmim ir fTI'i " ' '' ftnav v 9"i'i i V, vNTf .-I THE OHIOAGO JQA.OX4S3, ! FACTS AltOVT THE AS TRUST. The Consolidation Bill Violates the Con stitution at the Outset by Its Faulty Title; Violates the Constitution in Taking Away the Right of a City to Grant Franchises, and Givs the Trust the Right to Charge Three Dollars per 1,000 Feet for Gas, Provisions of the Ordinances Granting Fran chises to Various Consolidated Companies in This City. One of Them Was Forfeited for Non-Compliance with Contract Back in 1892. Some Interesting Information Which the City Oouncil Should Oall For from Various Officials. The Gas Trust paid $250,000 to mom Iters of the Fortieth General Assembly of Illinois for n law under which It could rob the people to Its heart's con tent. Uut It overlooked a few points that even bribery couldn't cover up. Section 13 of Article 4 of tho Consti tution of Illinois declares that no sub ject not embraced In the title of a bill shall become n law. There are some Kubjccts In the body of the Infamous gas-cousolldntlon nnd frontage bill not otnbraccd In tho title. Hence the law Is void. THIS LAW, known ns tho "GAS CONSOLIDATION ACT," empowered all existing gns companies to consoli date with nnd merge Into a single cor poration, "which shall be ono of said merging and consolidation corpora tions," nnd Inasmuch as this ACT, con veying purported authority, grants to all tuen existing gns companies In the city of Chicago certain exclusive rights and privileges, not contemplated by or given them by any ordinance of the Chicago City Council, and as the right to Issue franchises and prescribe terms for privileges granted thereby Is ex pressly reserved to and held to be In herent In the City Council by tho State Constitution of 1870, which provides that tho State Legislature shall not grant nnd cannot convey rights and privileges lu 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 Council, prior to tho passago of the "Gas Consolidation Act," and un der and by vlrtuo and existence of such ordinances, certain bonds, con tracts, privileges nnd obligation were assumed by certain gas companies, lu return for franchises granting them provisional rights In the use and occu pancy of the streets, always subject, liowever, to tho reservations held in said 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 28, 18S2, granting the corporation the right to tho use and occupancy of the streets, In return for which the corporation agreed and bound itself by bond nnd various pen alties, to lay all feeders and servlco pipes nt tho time of laying main pipes, without subsequent disturbance of the Kurfacu or pavements; to extend its main pipes, when ordered by n major ity of the City Council, In nny block, one-half of which shall bo Improved by building1); that tho corporation should not extend its pipes beyond tho city, or allow any connections to bo made with its pipes to supply gas to any con sumers outsldo of tho city; that It Hhould not charge more than 25 cents per foot for service pipes, nor charge general consumers of gns more than 91.75 per 1,000 cubic feet, giving con sumers of more than 100,000 cubic feet l-r year a rebate of 25 cents per 1,000 cubic feet; that said company should Iw subject to nil existing general or dinances concerning gns; that the city should havo the right to Inspect meters nnd that the gas supplied should be of the uniform average of 1(1 sperm can dies, burning 120 grains per hour In a 5-foot burner; that tho company's rights and privileges provisionally granted should bo forfeited unless with in three years from date of acccptnnco of the ordinance it had erected and hud in operation works nnd mains suf ficient to dlstributo ten million cubic feet of gas every thirty days, said work to cost not less than fSOO.OOO; that If sold company should directly or indirectly sell, lease or transfer Its franchise and privileges to any other gas company or companies, or ceaso to manufacture and furnUh gas for a period of more than ten consecutive days; or If it should fail or refuse to extend tts main pipes whu requested t Co ao by a majority oi t Council, Us rights nud privileges should cense and be of no more effect nud tbnt this termination "shall not be required the judgment or decree of nny court;" that the price charged for gas should novcr exceed the rate named In tho ordlunnce and that It would neither sell nor lease Us franchise or privileges and would not enter Into nny combination with nny gas company concerning rate or price to be charged for gas and should give bond of $500,000 to satisfy nny daainges to the city of Chicago or any consumer or its gns wuo snouia suffer through violation of any obli gations, or conditions of the ordinance, the liability not to bo limited by the amount of tho penalty of said bond. 2. EQUITABLE GAS LIGHT AND FUEL COMPANY.-An ordlnnnco granting n perpetual franchise, passed Aug. 10, 1885, authorizing the company to construct, operate and maintain works, lay mains and scrvlco pipes, tho company ngrcclng to charge not more than 25 cents per foot for service pipes; to chargo not moro than 11.75 per 1,000 cubic feet for gas, with a re bato of 25 cents per 1,000 feet to nil users who consumed over 100,000 cubic feet per nnnum; "nny attempt to col lect a greater rato would work a for feiture of all rights and privileges;" that meters nnd quality of gas shall bo subject to inspection and tests; that inning should be extended upon do mnnd by two-thirds vote of tho Coun cil In nny block three-fourths of which shall bo Improved by building; that the company should expend $100,000 within tho first twelve months nnd lay mains nnd distribute within three years gus to tho extent of Ten Million feet every thirty days; tbnt If said company shall at any tltno enter Into any com bination directly or Indirectly, with any gas company or .companies, concerning rato or price for gas, or shall directly or indirectly sell, or transfer its rights and privileges, all Its rights nnd privi leges under Its franchise, without nny Judgment or decree of any court, shall fully cease and termlnato absolutely, and the company was required before the ordinance became operatlvo to give a bond of $100,000 as surety to tho city or any consumer of Its gns for any dam ago they might sustain by reasou of any failure of tho company to perform any or single of the obligations Imposed by Its charter, said bond not to be set up as tho limit of liability. UNIVERSAL GAS COMPANY.-An ordinance for a fifty-year franchise, passed by tho Council July 23, 1804, which provided expressly that the com pany should not charge general con sumers to exceed $1 per 1,000 cubic feet, nnd thnt upon this chargo tho Universal should pay tho city 10 per cent, of Its gross receipts, und If, or when, tho company should reduce tho price to DO cents 'or less, tho company fchould bo tcleascd from paying tho city nny percentage. This company was required to expend $100,000 upon Its works nud mains within twelvo months, nud within thrco years to havo a plant capable of supplying to con sumers ten million feet of gns every thirty days; tho compnny was required to deposit $100,000 In cash with tho City Comptroller and glvo bonds of $100,000 additional for faithful compli ance with nil provisions of tho ordin ance; agree that tho rato named should never be exceeded; thnt the company would not enter Into nny combination with nny other gas com pnny; nnd thnt its liability for nny damage resulting to tho city or consum ers for nny dninnge resulting to tho city or.consuuiers for nny Infraction of tho provisions of Its franchlso would not bo limited by Its bond; nil upon tho express condition that the com pnuy should not sell, lease, transfer Its privileges or enter Into nny combina tion ns to price with any other trust or corporation, nnd tho company spe cifically agrees that for nny violation of its obligations to the city or consum ers, Its plant, mnhlnery, tools and ap pliances shall revert nnd belong to the city, without Intervention or process of law; and It Is expressly provided that tho city shall havo the right to pur chase the p'2t entire at an appraised value at the Mi of fifty years. OQDKN GAS COMPANY.-An or- tllnanco pnsswl Feb. 25, 1805, granting a flfty-yenr franchise, subject to nil general ordinances regarding gas com panics then In force, the company agreeing to charge a fixed maximum price of 00 cents per 1,000 cubic feet to general consumers and 75 cents to the city, or 910 per annum for each street lamp consuming four cubic feet per hour, Including the labor of light lug and extinguishing the same, the city expressly reserving Its require ments of this labor ns a part of the con sideration for the ordinance; nlso that the company shall pay the city not less than 3 per cent, of Its gross receipts; make a statement annually under onth of Its gross receipts to the Comptroller, who shall hare free access to Its books at all times; submit Its meters to In spection nnd quality of gas to test, as prescribed; expend on Its works at least $100,000 within twenty-four months from acceptance of ordinance; manu facture nud distribute live million feet of gas every thirty days within three years from date of acceptance; nnd the ordinance prescribes as accepted that the price to consumers shall never ex ceed the rate prescribed by the ordin ance; that the company shall not charge any person for service pipe, but shall lay the same at Its own expense, nud the company agrees nnd did give HON. GRANVILLE First Atslitant Corporation Counsel. bond of $100,000 ns surety that all tho provisions of tho ordinance shall bo faithfully carried out, under unlimited liability for damages, and tbnt at tho expiration of tho life of tho ordlnnnco tho city shall havo tho right of fran chise nt an agreed appraised value. CHICAGO ECONOMIC FUEL GAS COMPANY.-An ordinance passed July 31, 1801, conveying a franchlso for fifty years for tho supply of both man ufactured and natural gas, upon tho samo general provisions nud require ments governing, tho other companies, especially tho provision of Section 12, which provides that In case tho snld company should nt nny timo In nny manner enter Into a combination di rectly or indirectly with nny other gas company, Its ordlnnnco and privileges sliould become null nnd void and nil rights revert to the city without refer ence to nny court or legal appeal. Tho company agreed to charge for Illumi nating gas $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 tho city 3 per cent, on gross receipts from Illuminating gas and 5 per cent, on gross receipts from sale of natural or manufactured fuel gns, nud to fur nish gas to tho city for $17.60 per street lamp post per year. ON THE 20TH DAY OF FEBRU ARY, 1802, a prcamblo and resolution was passed by tho City Council, re pealing tho nbove Chicago Economic Fuel Gas Company ordlnnnco, and declaring nil pipes nnd connections In the streets of tho city to bo city proper ty, In nccordnnco with tho provisions of tho ordinance regnrdlug forfeiture, and upon- tho ground thnt n majority of tho stock of snld compnny had passed Into tho hands of tho Gns Trust THE OGDEN. It is now currently reported, nnd there are grounds for be lief, that tho Ogden Gas Compnny hns entered upon a contract with tho Gns Trust ogreelng not to extend Its plant or pipes nny further for a period of three years. ALL EVADE THE LAW. All of tho nbovo companies and corporations havo a ailed tho plain letter nnd legal requirements of their franchises nnd by tho terms of snld franchises hnvo forfeited every" right nnd privilege con tracted for with tho city nnd conveyed provisionally by ordlnnnco. VIOLATE FRANCHISES. It Is pro vldcd In nn ACT icgulntlng tho coudl lionh for tho grunting of lights nnd privileges for lighting and heating pur poses by cities, nlso passed by tho lato 40TH ASSEMBLY, Hint uo gas com pany In futuro shall be granted privi leges of building or extension of mains nnd pipes, except they secure petitions signed by owners of moro than one half the, frontago of each mile and frnc tion of n mile of nny street or nlley, which requirement Is designed to pro tect the merge companies In their ille gal evasion of contract obligations, and prevents any competition, through tho organisation and operation of new companies, now and forever In the fu ture, and sal4 ACT It directly In con- fllct with the ordinances passed and franchise contracts mutually entered Into by the city nud gas companies, which latter gained valuable rights nnd privileges thereby, nnd whose du ties and obligations, ns well as the rights of tho city ami of Its citizen;, arc therein specified, reserved and pre scribed. , CAN ItAlSE THE PRICK. The IN FAMOUS "GAS CONSOLIDATION" ACT provides that after one year the GAS TRUST may charge any rate charged by nny company with which merger or consolidation Is made, as. for Instance, with the PEOPLE'S QAS LIGHT AND COKE COMPANY, which lias a perpetual franchise from the Stnto nnd may charge ns much ns $'J.?5 per 1,000 cubic feet o the city nnd $3 per 1,000, feet to general con sumers, thenceforth nnd forever. SUPREME COURT AGAINST THEM. The Illinois Supreme Court has held nnd decided that an ordinance granting franchise privileges Is n con tract by mutual consent, nud the rights nnd privileges so granted are consider- attorn In Hie same, and evasion or re pudiation of the spirit and letter of tuc contract or nny change therefrom un less by consent constitutes a forfeiture of rights, nnd, ns It has always been held n proposition In ImUi English nnd American Inw that "ACTS conferring DROWNING, spcclnl privileges upon or granting pub lie property to private Individuals or corporations nro construed strictly against tho grantees and In favor of tho State" or tho municipality. MENACE TO. ALL. Section 0 ol tho GAS CONSOLIDATION ACT Is retroactive, and provides thnt "nny corporation purchasing or leas Ing tho property of nny other com pnny shall bo subject to and perform for each of tho companies so entering Into said ngrccment tho legal OBLIGA' TIONS now resting upon each of them respectively under their charters and ordinances" "lu tho same man ner and to tho same extent ns If tho companies had remained Individual and distinct," nnd, providing, however, "that nothing in this net shall be con strued as extinguishing said companies entering Into the agreement or agree ments mentioned, or annulling or lm pairing nny of their respective fran chises, licenses or privileges, but thnt they shall severally be regarded as still subsisting, so far as their contlnunnco tor tuo purpose or upuoiaing any rigur, title or Interest, power, privilege or lm munlty ever exercised or enjoyed by any of them, may bo necessary for the protection of thelr.rospectlvo creditors or mortgagees, or1 nny of them" ana SECTION 10, of the ACT, which Is a violation of tho letter of the Constltu tlon, In that Is attempts to supersede tho rights expressly vested In the City Council by the Constitution, In relation to grant privileges In the streets of tho city, nnd would destroy tho vested rights nnd property Interests of the city nnd liabilities and obligations to tho city nnd its cltlcens assumed by the gas companies, under their ordi nances nnd franchlso contracts, by pro- vldlng thnt "tho purchase and sale or len so, or consolidation and merger, shall not bo held or construed ns a vio lation of tho provision of nny ordlnnnco or bond given thereunder," thereby en deavoring to protect tho evaslvo nnd dlshoucst gns companies nt tho ex penso of tho legal and equltablo righto of tho city nnd Its citizens. READ AND PONDER. This snmo CONSOLIDATION ACT, In SECTION 10, provides that "ir inso tho property sold, or lensed, or acquired through consolidation or merger, Is subject to mortgngo OR OTHER LIEN, such mortgago or other Hen shall bo and re main a lien upon ALL PROPERTY so sold, purchnscd, leased or AC QUIRED, so thnt tho samo shall bo linblo for and respond (to tho payment) of Mich mortgngo or other lien exist ing nt tho time of such solo or lease," and "Any corporation purchasing or leasing tho real estate nnd personal property of any other company or com panies shall PAY AND DIS CHARGE all debts and LIABILITIES of each of tho companies, and actions may bo brought and maintain ed nnd recovery had therefore against tho compnny so purchasing or leasing, or against such consolidated corporn tIon,"nndln SECTION 11 It Is provided tbnt tho consolidated corporation, or GAS TRUST, "shall furnish gas to con sumers as good in quality as It fur nished previous to such purchase or Hs w. lease, and shall not increase tho price charged by It for gas of tho 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, and sunlf." for each offense, forfeit two hundred dollars, In nn nctlon for debt, In tho nnmo of the people of tho State of Illinois, or by nny person who may sue for the same, nnd such company shall also be liable to proceedings QUO WARRANTO for violation of either of said provisions, nnd If adjudged guilty the court mny give judgment of ouster from Its fran chise, UNLESS THE COMPANY SHALL CEASE AND DISCONTINUE such Violation, ns nnd when determined by tho court," thereby attempting In tho last paragraph to destroy any re course by the city or by the people as to continuous Intermittent violations of franchise restrictions nnd requirements ns to price, quality and Inspection of gas. The City Council should ask for the following Information: 1 1. Tho Comptroller shold be directed to report forthwith to the Council, nt Its next regular meeting, whnt, If any, receipts have como to the clly from gns companies under tho provisions of nny of the gns ordinances; what, If nny, street lamps aro being supplied with gns by the Ogden Gns Company; capacity of the plant, nnd If said com pnny or nny other is performing the Inbor of lighting nnd extinguishing said lamps, and what, If any, contracts have been let to gas companies for sup plying the city with gas, together with tho name, or names, of said company, or companies, nnd tho amount of which said contracts have been let, nnd 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 the resolution of Feb. 20, 1802, the franchise of the Economic Gas Compnny was duly forfeited nud Its pipes nnd equipment recovered to tho city, nnd, whether any permit has been Issued granting any other com pnny the use of snld pipe's, and nlso whether any measures hnvo been taken to recover to the city Us rights nnd In terest In the pipes nnd equipment of other gns companies, which, by eva sion nud Infraction of their ordinance nnd franchise contracts, have forfeited said franchise nnd their plant nnd equipment to the city, nnd what, If any, measures havo been taken by the city to recover penal sums on bonds filed by nny of the nbovo named companies ns surety nnd guarantee for tho per formance of their obligations to tho city nnd to gns consumers In general, under the terms of any franchise which any of said companies through evasion or noncompliance with nil the terms nnd requirements of wild fran chise have forfeited. 3. The city gns Inspector should be Instructed to report forthwith, direct to the Council, what, If nny, tests havo been made during the past year of the power and Illuminating quality of gas, as required by the various gas ordin ances, provisionally granting street nnd other privileges to gns companies, nnd If such required tests have been mndc, to state for whnt company, or companies said gns was Inspected, ex amined and tested, nnd where nnd by whnt process said gus was manufac tured. 4. Tho Comptroller, the Corporation Counsel, tho City Gns Inspector nnd the Commissioner of Public Works should bo severally Instructed to re port forthwith to tho Council, In what, If any, respect nny of the gas compan ies granted ordinances nud franchises by this Council have violated snld or dinances nnd have hereby become lia ble to forfeiture of their franchlso rights and privileges back to tho city. 5. Tho Corporation Counsel should bo directed to communicate with the At torney General of tho State and to ie quest his co-operation and support in tho Inauguration on behalf of tho city of Chicago of proceedings In QUO WARRANTO, for the purpose of dis covering the present condition and sys tem of operation aud responsibility un der their ordinances and franchises of the various gas companies and the con solldntion of these companies known as the GAS TRUST, which are operating under the provisional ordinances und franchises granted them by the Coun cil, with the view of. determining In n court of last resort whether tho said companies, or the said GAS TRUST aro legally fulfilling their duties nnd obligations to tho city nnd Its cltlsens, A transport was ready to sail for Guam from New York tho other day, when It was discovered that there wcro no extra collar buttons aboard, and the steamer was hold till the de ficiency was mado good. The United States navy Is good stuff, but It Is doubtful if even Its dlsclplluo could endure tho strain of a collar "riding" up In the back. VALUABLE IWFORMATIDH. Location of Chicago Depots and the Varioui Roads which Leav- Each Station. DEARBORN STANON-BtartNa A Mfc Stt. Atchison, Topeka and Sautn Fe. Chicago aud Eastern Illinois. Chicago nud Grand Trunk. Chicago and Erie. Monon Route, Wabash. ORAM GENTtAL-RarrisM 81. A Hie Avfc Chicago and Northern Pacific. Chicago nnd Great Western. Wisconsin Central. Baltimore and Ohio. UNION MNT-CmmI ft Asms StlMti. Chicago, Milwaukee sad St. Paul. Chicago, Burlington and Qulncy. Pennsylvania Lines. Chicago and Alton. Pan Hsndle. CENTRAL ITATION-IKs ft Park Rv. 0., 0 0. and St. Louis (Big 4 Routt). Chicago and West Michigan. Michigan Central. Illinois Central. ROCK ISLAND MW-Vi km M. ft Pats Aw. Lake Shore sad Michigan Southern. Chicago, Rock Island and Pacific. N. Y O, ft St. L, (Nickel Plate). CNCJW ft mmtTBsN-Kit ft We Ms. . MURRAY & CO. HtMH ISTASUSHID ! FLAGS. TENTS. RUDOLPH HURT, Tailor and Hatter. 693 BLUE I8LAND AVE., CHICAGO. (atwtan ISth an Itth Ms.) Uniforms of All Kinds m Specialty. PRICES REASONARLI. W. D. CURTIN & CO., IBD gm 148-150 Wells Street, Tlshn North SSS. LIVERY: 148 and Lossb Opsn JOHN ADANK, Livery, iand; SALE STABLES. 331 and 333 Webster Ave. (Tel. North 646.) CHAS. BURMEISTER, UNDER TAKER! 303 Lambs Street, Tthfkone North IBS, R. K. SLOAN. SLOAN & Livery and Undertaking. a 8a 1 and 3823 Archer Ave., Chicago. Tslsphon Yards 7SI. Hearses, Carriages and Buggies. Orders Promptly , Attended to Day and Night. E. MUELHOEFER & BRO. UNDERTAKERS. 112 and 1U TsUifmsns Nsrth 4j l. Manufacturers of TENTS for M w- AWNINGS & for Stores Rssidsnoss OIOIIQ of Ivory OltJllO Description. COVERS Whits Canvas and Watsr Proof. FLAGS-' All Nations. NOT! OHANQI OP ADDRISSl 329-333 S. CANAL ST. Undertakers Embalmers land Livery.- 176 Grand Avenue Tdopttsn Main 150 Wells Street. Boarding:, CtitCAQO, ILL. J. CORNISM, CORNISH, Clybourn Avenue, gmoACo. h $ 4 i &&L$xL!s$h&j ,:w JMi .fc, ite