Smyrna times., 1912-07-31
DUPONT MAY START SOON
TO BUILD HIS BOULEVARD
PROPOSES TO CONSTRUCT "a
MILES OF ROAD TO MILFORD
This Summer Provided There are no
Delays to Prevent it-Has Little
Concern Over the Appeal Taken

OelAyS 10 FreNent It-7aS Little
Concern Over the Appeal Taken
According to announcement made
by General +. Coleman dupont. he
proposes to have the State bOule-
ward built as far north as Milford
this summer, which is about "a miles
north of SelbyviIle, to which point
the road has been thus far completed.
This is under the condition that
there are no delays which will pre-
vent it. Employees on the road are
now at work trying to clear up the
right of way that far north. The
construction work can hardly be start
ed before the latter part of next
month or until the expiration of the
time set by the State Supreme Court
as the time limit for filing an appeal
of the boulevard decision with the
United States Supreme Court. 1t
was originally the intention of Mr..
DUPONT to complete the entire boule-
ward this year, but at least 'three
months have been lost because of
litigatio:i.
Henry RidgeIy Makes Comment.
Henry Ridgely, one of the counsel
for Jehu Clendaniel. of Sussex
county. plaintiff in the suit brought
by Ridgely & Layton before the su-
preme court of this state, on a writ
of prohibition in which the consti.
tutionality of the dupont boulevard
act was brought into question, when
interviewed upon his return from
Rehoboth. made the following state
ment in answer to the questions asked
concerning future action in the case
as it pertains to the supreme court
of the United States: GAS to TAX
ing a writ of error to the supreme
court of the United States in the
boulevard case, we have not yet re-
ceived definite directions on this
point from our client. Mr.. Glen
daniel is man of moderate means
and he, together with four or FIVE
of his friends in similar situation,
have already been subjected to con-
siderable expense in the prosecution
of the case before our state courts.
1t is largely a matter of dollars and
cents with him. Justice in a case
like the present, where elaborate in
vestigation is required and volum-
inous records and briefs must be
printed. is an expensive luxury to
the man of small means. -
Court Puts Legal Construction on Bill
''It is a curious fact" continued
Mr.. Ridgely, "that it does not seen
to be known generally that our owr
state court admitted the CORRECTNESS!
of one of our principal objections.
We contend that the Boulevard bill
undertook to authorize the expro
priation of state-long strip of lanC
40 feet in width. not only without
requiring it to be devoted to any
public use, but on the other hanC
expressly authorizing it to be with
held from any such use for fifty years
without taxation, and for an indef
mite time beyond that period, will
taxation. The court admits this t,
be true and further admits our con
tention that it is beyond the legis
lative power to do this. "The,
save the bill. however, from wha
would seem inevitable death, afta
this admission, by holding that Will
the provisions in the bill referred t
are unconstitutional, they can b
stricken out and still will leav
enough Of the bill remaining to &C
complish the objects of Colema
dupont Road, Incorporated. "I
other words, the bill as it passe
the legislature, and as signed b
the Governor, was declared to b
defective and was submitted to
sort of surgical operation before be
ing pronounced constitutional. 4"