Evening journal., 1912-04-06
The Association Of
SATURDAY. APRIL 6, 1911
M0Rk r0R spEEnY nEcIsIoNs.

TT is unfortunate that the judges of this State cannot
their way clear give TO Governor Ponnowill the
opinion he desires relative the consutonality OF
tho Boulevard Corporations act under which the du
pont Boulevard is being constructed. lie impressed
upon them when asking for the opinion, the import
ancc of quick action their part He seemingly
confident they would consider the whole and in-
form him definitely whether IL constitutional Instead
of passing dedni toly the law a whole upon
any part OF it, they suggest TO the Governor the in
solution Of stated in the Superior Court in sus-
county with a subsequent appeal from the decision
OF that tho Supreme Court mtmaton is given
that it would bo made a preferred and that the
courts would dispose of Il quickly
The judges take the ground that il would not be
for them judicial opinion upon the act as
a whole They leave The lay mind. however, franc
for itself why they should deem il nadyisabe
do They say that at the most any opinion they
might express would bear simply upon certain
of the statute. leaving the remainder OF tho wide
open to be made the subject of controversy and Gsa
ton aftorward That especially would be the case they
say they should undertake to act without tho assist
ance of argument by counsel the respective sides of
the controversy.
Tho Chancellor and the Judges practically have ad-
vised the Governor that even if they were TO pass
the law In its entirety IL would bo decision. but
merely an opinion and would not prevent anyone
bringing suit tho to test the law Therefore
they deem wiser TO make tho test in the courts in
formal way. which will lead 20 binding decisions
being handed down.
Governor Pennew is informed by tho judges that
that must be SO obvious 10 require further state
ment their part They add they are satisfied that
the object sought 20 be accomplished by che
be effected by the better and spoeder way Of the
formal docketne of stated in the Superior Court.
AS that Court will be in session in Sussex
county next week suggestion is made that the bo
docketed there and if necessary that the term
1,o oxIon 40, &
may be taken up appeal.
The Governor is assured that such an appeal will bo
disposed of speedily in the Supreme Court and that the
Chancellor and the judges will give all the assistance
they cam by special terms and speedy decisions The
Chancellor the Chief Justice and their associates ex-
their appreciation OF the Governors desire have
quick decision Of all questions that may involve the
consttutonality of the They also assure him ha
81 the course they suggest is taken promptly by
counsel they will give his communication further and
early consideration
II tho action of the Chancellor and the judges means
anything it is that weeks will elapse before IL will
be known definitely by the people whether certain con-
troverted provisions OF the law constitutional
also means that all other points will be left open
Of attack by those who are behind the organ
iized conspiracy to defeat the boulevard project anC
the amendments 90 the Boulevard Corporations act
that have been proposed by General T. Coleman dupont
Such delay. which seemingly is unavoidable un-
questionably will suit the conspirators. II is doubted
however that it will be viewed with by the thous
ands Of Delawareans who not in sympathy with
them and who want the boulevard built and put il
public
If there is to be case stated time should be lost
iH5titHing it. The lawyers interested with Governor
Pennew and General DUPONT IN having al controver
ed questions settled should cooperate heartily with the
Chancellor and the judges in getting speedy decisions
from the Superior and the Supreme Courts
To far ltflfo ~.
Governor PenneWill has addressed an idontica
letter to each member Of the Legislature With il III
has enclosed letter from General DUPONT asking fo
quick action aud copy of the amendments propose,
by the General The Governor also has asked tn
members II they willing to agree as a condition
precedent 10 calling special session Of the Legisa
nre' that the work Of that special session shall b
restricted TO the consideration Of those propose
amendments Therefore. until further action has bee
taken 10 the courts and replies have been receive
from the legislators, work the boulevard viii not
resumed.