Chicago Gas Light & Coke Co. v. People's Gas Light & Coke Co.

Citations

• 121 Ill. 530
• 13 N.E. 169

Syllabus

<p>1. Cobpobations—of their powers, generally. The powers of corporations created by statute are such only as the statute confers, and they are-confined to the exercise of such powers as are expressly granted, and such incidental ones as are necessary to carry into effect those specifically conferred.</p> <p>2. Cohtbaots in partial restraint of trade—as to corporations owing a duty to the public. The general rule that contracts in partial restraint of trade are not invalid, does not apply to corporations engaged in a public business in which the public are interested. Such corporations can not be allowed, by contract, to disable themselves, even partially, in the discharge of duties of a public nature, the performance of which is beneficial to the public. Any private contract by them which is injurious or prejudicial to-the public interests, is void, on the ground of public policy.</p> <p>3. Gas companies—public nature of their franchise—power to abandon their duties to the public, by contract. The manufacture and distribution of illuminating gas, by means of pipes or conduits placed, under legislative-authority, in the streets of a town or city, is a business of a public character. It is the exercise of a franchise belonging to the State. The services rendered and to be rendered for such grant are of a public nature. Such right is conferred by legislative grant, as well for the benefit of the public as of the corporation taking the same.</p> <p>4. A private corporation to which is granted by its charter the privilege-of manufacturing and supplying a city and its inhabitants with gas for illuminating purposes, can not, by contract with another company, disable itself from the performance of its duty to the public, and transfer, absolutely, its right to furnish gas to any part of the city, and a court of equity will not enforce such a contract, it being contrary to public policy.</p> <p>5. Where a corporation having a franchise for the manufacture and supply of illum