St. Louis Gas-Light Co. v. St. Louis Gas, Fuel & Power Co.
Missouri Court of Appeals
Appeal from the St Louis Circuit Court, Lubke, J. The charter of the St. Louis Gas-Light Company, in so far as it attempted to grant to that company the exclusive right irrevocable for fifty years, to manufacture and sell gas and gas-light to private consumers in the city of St. Louis, was void, because : 1. Such a grant was contrary to section 20 of the bill of rights, of the Missouri state constitution of 1820, in force at the time of the adoption of plaintiff’s charter. —…
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Appeal from the St Louis Circuit Court, Lubke, J. The charter of the St. Louis Gas-Light Company, in so far as it attempted to grant to that company the exclusive right irrevocable for fifty years, to manufacture and sell gas and gas-light to private consumers in the city of St. Louis, was void, because : 1. Such a grant was contrary to section 20 of the bill of rights, of the Missouri state constitution of 1820, in force at the time of the adoption of plaintiff’s charter. — See Citizens' Gas-Light Co. v. Louisville Gas Co., Ky. L. Rep., August, 1883, p. 72; MoRee v. Wil. $ R. R. Co., 2 Jones…
1Opinion of the CourtLewis, P. J.
The plaintiff was incorporated by an act of the General Assembly, approved February 4, 1837. Its charter, which is to continue in force for fifty years from the first day of January, 1840, contains the following provisions : —
“ Sect. 22. The said company may also manufacture gas-fittings, portable gas vessels, and apparatus of all kinds appertaining to their business, and to sell the same, together with such inflammable gas as may be produced from oil, coal, tar, resin, pitch, wood, or other materials, or a combination of any such materials, in any manner hitherto used or hereafter to be used…
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