Evening journal., 1912-07-20
GREAr VICTORY FOR THE PEOPLE.


THE decision Of the Supreme Court upholdins the
consttutionay Of tho Boulevard Corporations
Law, under which il is proposed TO build the DUPONT
Boulevard is greater victory the people of Del
aware than IL is for General r. Coleman DUPONT who
proposed to spend s250o00o private fortune 10
build the trunk thoroughfare and give il 10 this
State for the beneht Of the public The way now
is opened for resuming the Of construction and
for using the power OF condemnation for the croum
venuon Of the obsructionists who have been en-
deavorng 10 defeat the great road-buildng project
We congratulate General DUPONT upon the victory he
has assisted the people of Delaware to win in the
courts. and trust that he will his way clear
to resums the work Of road building where it was left
OF and to prosecute " 10 a speedy conclusion.
In brief the decision OF the is that the Boue-
yard Corporations Law duly and properly passed
by the Legislature and that the law constitutional
provided the aide strips the 2oo-foot right Of way
be used for public utility purposes within reason
able time The question what shall constitute a
sonahle time LEFT open to future decision by the
court should be raised The action Of the
court staggering blow TO the organized oppo-
sition TO the boulevard. The men who have been
endeavoring TO defeat the project counted confidently
upon the court deciding that the law was unconsti-
tutiona the ground that it was proposed to use
the side strips the rght-ofwsy for private purposes
and that therefore the land for such strips could
not be taken by condemnation Their disappointment
keen when they learned that the court had de-
oded that the law contemplated that those side strips
should be used for public purposes and that It should
be taken for granted that General DUPONT and his
associates in the boulevard corporation contemplate
using them for public purposes within reasonable
time Under such conditions. the court asserted. the
is clearly constitutional Only by the unreasonabiy
protracted failure of General DUPONT and his associates
70 those side strips for public purposes the
act he thrown open TO attack its constuhonality
As the question OF the right Of eminent domain had
in NJ fhelh
@s court held that 1T may go ahead and condemn
fight Of way 200 feet wide for the road.
Il was upon the right Of the corporation to
denim land for the right of way that the car
into the court. Judge Conrad OF Sussex county,
was petitioned 10 appoint a commission to condemn
lands of in that county for portion of the
right of way Of the boulevard. Counsel to that land
owner objected and filed with the higher court an
application for writ Of prohibition directed against
Judge Conrad to prevent him appointing such COM
missioners of condemnation. II in connection
with that application that the question of the consti-
nationality Of the law raised and argued before
the court Now the court has dismissed the petition
for the writ Of prohibition established the constitl-
tonality of the law and the boulevard corporation.
through condemnation proceedings may acquire the
land needs and which it cannot obtain by private
negotiation by gift
The court holds that the use Of the land for any
utility must be within reasonable time and that the
employment by the corporation Of utility within
reasonable time will not extend enlarge 70 the
corporation the right employ the land for another
utility at time that is unreasonable The court
holds that il unauestonahly the intention OF the
Legislature and the purpose Of the act TO authorize
The taking Of the entire strip for public purposes
that amy provision in the which attempts TO re-
reve the corporation rom such use indefinitely OF
forever could be effective
IT would be unvarranted and unconstitutional
exercise of legislative power" the court adds 1T
would not however affect the remaining parts OF the
act for the statute is complete without IT,"
i Is held that the Legislature could not relieve
the corporation from the public use Of The land for
which alone the exercise OF the power Of eminent