Evening journal., 1912-09-24
BOULEVARD
CASEAPPEALED
TO U. S. COURT
May Mean Delay Of Several
Years Before Decision is
Reached
GENERAL DUPONT
CLINGS TO THE PROJECT

IN the United States District Court
yesterday afternoon, Willie G.. Ma
haiiy clerk of the cour, issued a
Nrt OF error appealing to the Unib9l
States Supreme CObt from the Su-
p.ome Court Of Delaware, the dcci-
1 sion in the DUPONT boulevard case,
&after Chancellor Charles NJ. Curtis
y sitting as the presiding judge of the
#ot0te Supreme Court yesterday had
#apnfOved the bond given by the
plaintin in error and issued citation,
which is a writ commanding the
Coleman DUPONT Road Oncorpo-
tated), to apear in the United States
Supreme Court
The writ OF error issued by the
clerk of the United States District
Court is directed to the judges of the
SupIe eme Court of Delaware, COM
manding them to send the records
Of the case TO the United States Su-
preme Court
The record and writ of error must
be sent TO the clerk Of the United
States Supreme Court within thirty
days.
Jehu clendaniel is the appellant.
|. We claims the law is contrary TO Sec
m j, Article IA. of the Federal Con-
ution against taking a citizens
or property without due process
,. law, claiming that the boulevard
law is in conflict with the cOnstitu-
tion. Robert Fl Richards appears
for the DUPONT Road Corporation.
The writ of error to the United
States Supreme Court in the dupont
boulevard case was filed this morn
Ing by Messrs. Ridgley and Layton
with the clerk of the Delaware SUI
preme Court The grounds laid for
the appeal include a violation of the
constitution of the United States and
an alleged erroneous decision by the
Suprc e Court Of Delaware.
All further work on the boulevard
will be brought to a standstil by
the writ of error.
General duPOnt's Statement.
General dupont, being asked by a
reporter of THE JOURNAL as tc
whether he had any statement &c
make I'M reference 10 the appeal taker
=. ythe Boulevard case 10 limited
s1ates Sunrome Court. said
Il regret very much that this stel
has aken. ] had hoped those
vic tx Of Clendaniel and his
case be satisfied with the unan
imol ion OF the Supreme Cour
of this tate. ! unf stand the Su
preme Court of the United States Is
very far behind i'm its calendar O
cases and that it viii take Ions
time. possibly 3 years, to get a deci
sion in the road case This, of course
will greatly disarrange my plans.
will compel me 10 let my organiza
tion go entirely. Although the roat
has been inactive for some months
have kept in touch with my road or
ganization, so that IL could he got L
work in a few days I am also losini
interest on the large sum invested II
equipment, and the equipment is de
teriorating from lack of use. Prob
ably some Of the work already don
will have to be done over again, afte
so long an interval These matters
Of course, are all aside from the ex
rense ana trouble Of the continues
litigation
MY feeling about the road, how
ever. and the benefit it will be to tn
State has not changed beliey
those who are encouraging and SUI
porting this litigation are only a fe'
isolated individuals who are actin
for different reasons, personal
themselFe and in most instances di
fcult to understand. 7 believe ii
great majority Of the peonle of tt
Continued on Page Two)