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TEES OHIOAaO SAQLS.
FACTS ABOUT THE GAS TRUST. The Consolidation BUI 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 Gives the Trust tho 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. 8ome Interesting Information Which the City Council Should Call For from Various Officials. The Gas Trust paid $250,000 to mem bers of the 1'ortlotU General Assembly of Illinois for n law under which It coulil rob the people to Its heart's con tent. Hut It overlooked n 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 hall become a law. There ore some subjects In the body of the Infamous gas-consolldatlon and frontage bill not embraced In the title. Hence the law Is void. THIS LAW, known as the "GAS CONSOLIDATION ACT," empowered 11 existing bus companies to consoli date with and merge Into a single cor poration, "which Khali be one of sold merging and consolidation corpora tions," and Inasmuch as tills ACT, con veying purported authority, grants to all then existing gas companies In the city of Chicago certain exclusive rights nd 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 tho City Council by the State Constitution of 1ST0, which provides that the State Legislature shall not grant and cannot convey rights and privileges In the streets of cities to cor porations or Individuals, except by and with the consent of tho local authori ties (meaning the City Council), It Is unconstitutional on that paint. LET US LOOK AT SOMK PEHTI NENT FACTS relating to this point: In ordinances passed by tho Chicago City Council, prior to tho 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, lu return for franchises grantlug thorn provisional rights In the use and occu pancy of the streets, always subject, however, to the .reservations held In said ordinances for the benefit and pro tection of tho people comprising the municipality of Chicago, the Intent and object of which provisions Is nppareut 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 tho use and occupancy of tho streets, in return for which tho corporation agreed and bound Itself by bond and various pen alties, to lay all feeders and servico pipes at tho time of laying main pipes, without subsequent disturbance of tho surface or pavements; to extend Its main pipes, when ordered by a major ity of the City Council, In any block, one-half of which shall be Improved by buildings; that tho corporation should not extend Its pipes beyond the city, or allow auy connections to bo made with its pipes to supply gas to any con Burners outsldo of tho city; that It should not charge more than 2."j cunts per foot for service pipes, nor charge general consumers of gas more than $1.75 per 1,000 cubic feet, glvinsr on Burners of moro than 100,000 cubic feet per year u rebate of 25 cents per 1,000 cubic feet; that said company should bo subject to all existing general or dinances concerning gas; that tho city Hhould have the right to Inspect meter and that the gas uupplled should bo of the uniform average of 10 sperm can dles, burning 120 grains per hour In n 5-foot burner; that tho company's rights and privileges provisionally granted should bo forfeited unless with in threo years from date of neceptanco of tho ordinance It had erected and hud In operation works and mains suf ficlent 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 franchise and privileges to any other gas company or companies, or ceaso to manufacture and furnish gas for n period of more than ten consecutive days; or If It should fall or refus to extend Its main plpup rbh reqtw.tod te do so by a majority Cl V; iuncil, Its rights and privileges should cc:iu and bo of uo more effect and that thN termination "shall not bo required the Judgment or decree of any court;" that tho 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 aud would not enter into any combination with nny gas company concerning rate or price to bo charged for gas and should give bond of $500,000 to satisfy any damages to the city of Chicago or any consumer of Its gas who should suffer through violation of nny obli gations, or conditions of tho ordinance, tho liability not to be limited by the niuouut of the penalty of said bond. 2. EQUITABLE GAS LIGHT AND IUEL COMPANY.-An ordinance granting a perpetual franchise, passed Aug. 10, 1SS5, authorizing the company to construct, opcrnto and maintain works, lay mains nnd service pipe?, tho company agreeing to charge not moro than 25 cents per foot for service pipes; to chnrgo not moro than $1.75 per 1,000 cubic feet for gns, with a re bate of 25 cents per 1,000 feet to all users who consumed over 100,000 cubic feet per annum; "auy attempt to col lect a greater rate would work n for feiture of nil rights nnd privileges;" that meters and quality of gas shall be subject to Inspection nnd tests; that mains should bo extended upon de mand by two-thirds voto of tho Coun cil In any block three-fourths of which shall be Improved by building; that tho company should expend $100,000 within the first twclvo months nnd lay mains and distribute within threo years gas to the extent of Ten Million feet every thirty days; that If said company shall at nny time enter into any 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 nnd privileges, all Its rights and privi leges under Its franchise, without nny Judgment or decree of nny court, shnll fully cease and terminate absolutely, and tho company was required boforo the ordinance bccauio operative to give n. bond of $100,000 as surety to tho city or any consumer of Its gas for nny dam age they might sustain by reason of any failure of the company to perform nny or single of tho obligations Imposed by its charter, said bond not to bo set up as the limit of liability. UNIVERSAL GAS COMPANY.-An ordlnnnce for a flfty-yenr franchise, passed by tho Council July 23, 1804, which provided expressly that tho com pnny should not chnrgo general con sumers to exceed $1 per 1,000 cubic feet, und that upon this chnrgo tho Universal hhould pay tho city 10 per cent, of Its gross receipts, and If, or when, tho company should reduco tho price to 00 cents or less, tho company should bo released from pnylng tho city nny percentage. This compnny was required to expend $100,000 upon Its works and mains within twclvo months, nnd within three years to liavo a plant capablo of supplying to con sumers ten million feet of gas every thirty days; the company was required to deposit $100,000 in cash with tho City Comptroller and glvo bonds of $100,000 additional for faithful compli ance with all provisions of tho ordin ance; ngreo thnt tho rato named should never be exceeded; that tho company would not enter Into nny combination with any other gas com pany; aud that Its liability for nny damage resulting to tho city or consum ers for uny damage resulting to tho city or consumers for any Infraction of tho provisions of Its franchise would not bo limited by Its bond; all 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, nnd tho compnny spe cifically agrees that for any violation of Its obligations to tho city or consum ers, Its plant, mahlncry, tools and ap pliances shall rovert and belong to tho city, without Intervention or process of law; nnd It Is expressly provided thnt the city chnll hao tho right to pur cliiiHo the plant entire ut an appraised' value at tl uOqC fifty years. OGDEN GAS COMPANY.-An or dinance passed Feb. 25, 1S05, granting n llfty-yenr franchise, subject to all general ordinances regarding gns com panies then In force, the compnny agreeing to charge n fixed maximum price of IK) cents per 1,000 cubic feet to general consumers nnd 75 cents to the city, or $10 per nnnuin for each street lamp consuming four cubic feet per hour, Including the labor of light ing nnd extinguishing the same, the city expressly reserving Its require ments of this labor ns n part of the con sideration for the ordinance; nlso that tho company shall pny tho city not less than lift per cent, of Its gross receipts; make a statement annually under onth of Its gross receipts to the Comptroller, who shnll have free access to Its boqks nt all times; submit its meters to in spection nnd quality of gas to test, as prescribed; expend on Its works nt least $100,000 within twenty-four months from acceptance of ordinance: manu facture nnd distribute live million feet of gns every thirty days within three years from date of acceptance; and the ordlnnnce prescribes ns accepted that the price to consumers shnll never ex- ''" ' nil ' Jfm ."!&' -Nfe. r 'flSIIBM BBYBYBYaYaYJaak' ' HON. JAMES P. MALLETTE. The Popular Drainage Trustee cced the rate prescribed by tho ordln nnce; that tho compauy shall not charge auy person, for service pipe, but shall lay tho same nt Its own expense, nnd the compnny agrees and did give bond of $100,000 us surety that all the provisions of tho ordinance shnll bo faithfully carried out, under unlimited liability for damages, nnd that at the expiration of the life of tho ordlnnnce the city shall hnvo tho right of fran chise nt an agreed appraised value. CHICAGO ECONOMIC FUEL GAS COMPANY.-An ordinance passed .Inly 111, 1SU1, conveying a franchise for fifty years for the supply of both man ufactured and natural gas, upon tho same general provisions aud require ments governing the other compaules, especially tho provision of Section 12, which provides that In enso the said company hhould at nny tlmo in uny manner enter Into a combination di rectly or Indirectly with nny other gns company, Its ordinance nnd privileges should become null and void and nil rights revert to the city without refer ence to any court or legal appeal. The compnny agreed to charge for Illumi nating gas $1.10 per 1,000 cubic feet, with 10 cents reduction per 1,000 feet tor prompt payment, and (10 cents per 1,000 for natural and fuel gas, with 10 cents reduction for prompt payment; agreeing nnd contracting nlso to pay the city S per ceut. on gross receipts from Illuminating gns and 5 per cent, on gioss receipts from snlo of natural or manufactured fuel gns. and to fur nish gis to the city for $17.50 per street lamp post per year. ON THE 20TII DAY OF FEBRU ARY, 1S02, a preumblo and resolution was passed by the City Council, re pealing the above Chicago Economic Fuel Gas Company ordlnnnce, nnd declaring nil pipes and connections lu tho htieets of tho city to bo city proper ty. In uccorduuco with the provisions of the ordinance regarding forfeiture, aud upon tho ground that a majority of tho Mock of bald compnny had passed Into the hands of tho Gas Trust THE OGDEN. It Is now currently reported, and there qro grounds for be lief, that tlte Ogden Gns Company has entered upon u contract with the Gas Trust agreeing not to extend its plant or pipes nny further for a period of thteo years. ALL EVADE THE LAW. All of tho almvo compaules and corporations have evaded the plain letter und legal requirements of their franchises and by the terms of hnld franchises hnvo forfeited every right and privilege con tracted for with the city and conveyed provisionally by ordinance. VIOLATE FRANCHISES. It Is pro vlded In nn ACT regulating tho condi tions for tho granting of rights and privileges for lighting nnd heating pur poses by cities, also passed by the late 10TH ASSEMBLY, that no gas com pany In future shall bo granted privi leges of building or extension of mains and pipes, except they secure petitions signed by owners of moro than one half tho f rontngo of each mile and frac tion of a mile of any street or alley, which requirement Is designed to pro tect tho merge companies In their ille gal evasion of contract obligations, and prevents nny competition, through tho organization and operation of new companies, now and forever In the fu- ture, and said ACT Is directly iu con flict with tho ordinances passed nnd franchise contracts mutually entered Into by the city nnd gns companies, which latter gained valuable rights and privileges thereby, and whoso du ties nnd obligations, as well as lue rights of the city aud 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 tho GAS TRUST may charge any rate charged by any company with which merger or consolidation Is made, ns, for Instance, with the PEOPLE'S GAS LIGHT AND COKE COMPANY, which lias n perpetual franchise from the State and may charge ns much ns $2.75 per 1,000 cubic feet to the city and $: per 1,000 feet to general con sumers, thenceforth nnd forever. S U P It E M E C O U R T AGAI NST THEM. The Illinois Supreme Court has held nnd decided that an ordinance granting franchise privileges Is a con tract by mutual consent, aud the rights and privileges so granted are consider ations lu the same, nnd evasion or re- v , .n pudlntlou of tho spirit nnd letter of the contract or any change therefrom un less by consent constitutes a forfeiture of rights, nnd, ns It has always been held a proposition In both English nnd American Inw that "ACTS conferring special privileges upon or granting pub lie property to private Individuals or corporations are construed strictly ngalust the grantees nnd in favor of tho State", or tho municipality. MENACE TO ALL. Section 0 oi tho GAS CONSOLIDATION ACT Is retroactive, nnd provides that "any corporation purchasing or leas ing tho property of nny other com pany shall bo subject to and perform for en eh of the companies so entering Into said agreement the legal OBLIGA TIONS now resting upon cncli of them respectively under their charters and ordlunnces" "In tho snme man ucr nnd to the same extent ns it the companhs had remained Individual and distinct," and, providing, however, "that nothing in this act shall bo con strued as extinguishing said companies entering into the agreement or agree ments mentioned, or annulling or Im pairing any of their respective fran chises, licenses or privileges, but that they shall hevcrally bo regarded as still subsisting, so far as their continuance for tho purpose of upholding any right, title or Interest, power, prlvllego or Im munity ever exercised or enjoyed by nny of them, mny bo ucccssary for tho protection of their rcspectivo creditors or mortgagees, or nny of them" nnd SECTION 10, of tho ACT, which is n violation of the letter of the Constitu tion. In that Is attempts to supcrsedo tho rights expressly vested lu the City Council by the Constitution, in relation to grant privileges In tho streets of tho city, and would destroy tho vested rights and property Interests of the city and liabilities and obligations to tho city and Its citizens assumed by tho gas companies, under their ordi nances and franchise contracts, by pro viding that "tho purchase nnd snlo or lease, or consolidation and merger, shall not be held or construed ns a vio lation of tho provision of any ordinance or bond given thereunder," thereby en denvorlng to protect Jho ovaslvo nud dishonest gas companies at tho ex pense of the legal and equitable rights of tho city and Its citizens, READ AND PONDER. This same CONSOLIDATION ACT, In SECTION 10, provides that "Ir taso tho property sold, or leased, or acquired through consolidation or merger, Is subject to mortgage OR OTHER LIEN, such mortgage or other lien shnll be and re main n lien upon ALL PROPERTY so sold, purchased, leased or AC QUIRED, ho that tho eamo shall be llnblo for and respond (to tho payment) of such mortgago or other Hen exist ing at tho tlmo of such Bale or lease," and "Any corporation purchasing or leasing tho real estnto and personal property of nny other company or com panies shnll PAY AND DIS CHARGE all debts and LIABILITIES of each of tho companies, and actions may bo brought and maintain ed and recovery had therefore against the company so purchasing or leasing, or against such consolidated corpora tion," and In SECTION 11 It Is provided ) that tho consolidated corporation, or CUS TRUST, "shall furnish gat to con- stimers as good In quality at It fur nished previous to such purchase or lease, and shnll not increase the price charged by lUfor gas of tho quality furnished to consumers during ANY PART OF THE YEAR IMMEDIATE LY PRECEDING such purchnso or lease, or such CONSOLIDATION," un der penalty (section 12) of Liability IN DAMAGES THEREFOR to tho PER SON AGGRIEVED, nnd shnll. for each offense, forfeit two hundred dollars, In an action for debt, In the nnme of tho people of tho Stato of Illinois, or by nny person who mny sue for tho same, and such company shall also be liable to proceedings QUO WARRANTO for violation of cither of snld provisions, nud If adjudged guilty the court mny glvo judgment of ouster from Its frnn (hlse, UNLESS THE COMPANY SHALL CEASE AND DISCONTINUE such violation, as and when determined by tho court," thereby nttcmntlng lu the last paragraph to destroy any re courso by tho city or by the people as to continuous Intermittent violations of franchise restrictions nnd requirements ns to price, quality aud Inspection of gns. The new city attorney should enforce tho following resolution passed by tho uity council: Resolved, That the City Attorney do ana ne is nercoy directed to In stltutc proceedings to test the constltu tlonallty of the act of tho Legislature permitting the consolidating of gas companies, and also annul the net of consolidation of the Consumers' Gas Company, the People's Gns Light and Coke Company and tho Equitable Gas Company, for tho reason thnt these companies In consolidating under the name of tho People s Gas Compnny have violated tho cxnrcss conditions agnlns't consolidation contained In the ordinances granting them tho privilege to operate la tho city of Chicago. "Bumps" Billings, the head of the Gas Trust, should be colled before tho Springfield grand Jury. Ho should bo asked to tell, If ho knows, who tho ngeuts of tho Trust were nt Springfield. Ho should bo asked concerning the koshIoii of ISO" ns well as tho session of ISO!). There nre numerous questions, over :!)( in number, which ho should bo ask cd to answer nnd which will bo framed up for tho Stato in case it decides to summon the Bl-Clty Boulevard-Wonder. Excepting China, It would bo hard to And auy country where the extortion practiced by the Gas Trust on tho peo ple of Chicago would long be tolerated. Tho Gas Trust robs the people In ev ery way. It rents gas ranges to poor people nt outrageous prices. It then puts on ex tra pressuro scientifically applied nnd forces air through tho pipes at a great rate. This pressuro Is especially strong evenings when supper Is being pre pared. Tho pcoplo pay for wind which costs tho Trust nothing. Special uesessments for gas lamps go right along, nut the poor pcoplo do not get tbo gas on the streets after they pay their assessments. Tho Gas Trust owns tbo streets. Tho city has noth ing to do with them. Tho Gas Trust Is not furnishing one half tbo light K nould furnish, and for years, according, to published reports, It did not furnish 22-cindlo power to tbo city. It Is reported that the Gas Trust Is getting paid for thousands of lamps which are not in service, and this can bo easily verified. o cheap are the materials now used In the manufacture of gaa that the commodity oan be aold at a profit for 35 oenta per 1 ,000 feet for Illuminating purposes and for 30 oenta per 1 ,000 feet fer fuel. If half the complaints made by mar ried women nro true, uo unmarried woman ever had auy reason to fee! blue. A "Jolly Conn Hour." Part III. of the New York World's Album of Songs Is cutltlcd "Thcro Ain't No Uso to Keep on Hanging 'Round It In bright and catchy; by Irvlug Jones, author of the popular hit, "Get Your Money's Worth." There nro ten songs In the album, which will bo mailed In connection with ten numbers of tho great Sunday World, for 50 cents in stamps. Wrlto a postal for list and description of songs, Address Tho World, Now York. Why Old Flat mill House Don't Kent. Real estnto men and owners should not overlook tho fact that tbo Luko View Gas Flxturo Company, 233 Lin coln avenue, Tclcphono North 708, ro tlulsh old chandeliers, making then equal to now at very small cost, Ic mauy cases after expending money foi cnlclmlningorpaperlug, tho chandellen nro left In tho samo dirty, fly-specked condition as before, aud are not In keeping with the now decorations, thereby spoiling that which has boec done, when at a very small cost tbi chandeliers, brackets, etc., can be re finished equal to new. Wo rcflnlsb In nil tho latest colors, such as polished brass, gilt, rich gilt, old copper, polish ed copper, oxidized copper, silver and gold. Wo nre also makers of a tine line of gas fixtures at prices to suit tbo times. Call up North- 708. Our agent will call and estimate. LAKE VIEW GAS FIXTURE CO., 238 Lincoln avenue, OalcafO. CENTS? DOBBINS' ELECTRIC SOAP. Just Reduced from Ten Cents. Your Choice of 139 as-cent books sent free, ter each 3 Wrappers aad 1 5 ceatawVifOatace. MURRAY Sl CO., CPWHaev&fMy tTsbJsbms i !-4Hii" ) H Vibbbbb TE AT A1NTV F?OC2EFRV M4-1M Madlo St. W. D. CURTIN & CO., 148-150 Wtlls Street, Telephone North MR. LIVERY: 148 and JOHN ADANK, Livery, Boarding, !AND; SALE STABLES. 331 and 333 Webster Ave. (Tel. North 646.) R. K. SLOAN. SLOAN & I ivAi-v an A Undertaking. a 8a i and 2833 Archer Ave., Chicago. Telephone Yards 721. Hearses, Carriages and Buggies. Orders Promptly Attended to Day and Night. CHAS. BURMEISTER, UNDERTAKER, 303 Larrabee Street, Telephone North 185. CHICAGO, ILL. E. MUELHOEFER & BRO. UNDERTAKERS. 112 and 114 Clybourn Avenue, TlHmon North 411. .ill- 7., ... uJ.,.'.rsim BLANKETS SQUARE WOOL, all prices. DUCK-LINED, square aad shaped, all grades, STABLE BLANKETS, lined nnd unllned, all styles and qualities, cut to fit aad guaranteed to stay on. WATER -PROOF Horse ant Wagon Covers. WHITE DUCK Horse and Wa gon Cocrs. CHEMICAL DUCK Hors and Wagon Covers. ANYTHINfJ that can be made out of Duck or Canvas. Note change of address! 333 S. CANAL ST. , VIENNA. NEW ENGLAND, COUN1Y PAIR. DADDY DOLLAR. BREAD. CREAM OF MALT. and 179-181 Lake St Undertakers Embalmers and Livery.- 176 Grand Avenue, Telephone Main i 150 Wells Strett. 0. CORNISH. CORNISH, Ailllii rvm OHICACa &riAMxoiL'l:iiir- i.i&.ijitiaih.t.iv..!nt, ,nw i,,l.1M..i . -t.,-. .. . 1 1