Commonwealth ex rel. McCormick v. Pittsburg Illuminating Co.

Citations

• 180 Pa. 578
• 37 A. 107
• 1897 Pa. LEXIS 967

Syllabus

<p>Corporations — Gas companies — Act ofApril- 29,1874 — Act of June 2,1887.</p> <p>A gas company incorporated prior to the adoption of the constitution of 1874, which has accepted the provisions of the Act of April 29, 1874, P. L. 73, is entitled to exclusive privileges within the district or locality covered by its charter, as provided by the Act of June 2, 1887, P. L. 312.</p> <p>Corporations — • Gas companies — Quo warranto — Act of June 24, 1895.</p> <p>A gas company incorporated prior to the adoption of the constitution of 1874, accepted in February, 1895, the provisions of the Act of April 29, 1874, P. L. 73. On May 8, 1895, another gas company was incorporated to supply gas to the locality described in the charter of the first company. Quo warranto proceedings were subsequently instituted against the second company, and the parties by written stipulation agreed that the decision should be upon the merits “ whether the defendant is entitled to exercise the franchise of furnishing gas for light only; . . . . this question to depend upon whether prior exclusive franchises vested in the ” first company. Held, (1) that the words “prior exclusive franchises” must refer in point of time to May 8, 1895, when the defendant’s charter was issued; (2) that the stipulation of the parties was not broad enough to raise the question of the constitutionality of the Act of June 24, 1895, P. L. 266, as the question of priority on May 8 could not be affected by an act not passed until June 24, and having no retroactive words.</p>