People’s Gas Light & Coke Co. v. Chicago, 194 U.S. 1 (1904)

People’s Gas Light and Coke Company v. Chicago

No. 132

Argued January 20, 1904
Decided April 4, 1904
194 U.S. 1

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

Where the contract claimed to have been impaired was made with one of several corporations merged into the complainant, and concededly affects only the property and franchises originally belonging to such constituent company, divisional relief cannot be granted affecting only such property when the bill is not framed in that aspect, but prays for a suspension of the impairing ordinance as to all of complainant’s property.

The rule that a special statutory exemption does not pass to a new corporation succeeding others by consolidation or purchase in the absence of express direction to that effect in the statute is applicable where the constituent companies are held and operated by one of them, under authority of the legislature.

Even if the asserted exemption from change of rates existed and had not been lost by consolidation, the bill cannot be sustained where no such contract rights as alleged have been impaired or destroyed by the ordinance.

The facts are stated in the opinion of the court.