Smyrna times., 1912-07-24
DUPONT ROAD UPHELD BY
DELAWARE SUPREME COURT
HIGHWAY MAY BE OCCUPIED BY
PUBLIC UTILITIES UNDER LAW
Appeal Taken to United States Sup
RENE Court But dupont it is Said
Will Proceed to Build Boulevard


RENE Court But dupont it is Said
Will Proceed to Build Boulevard
In an opinion handed down by the
Delaware Supreme Court at Dover
Friday, the legality of the DUPONT
boulevard act is upheld. 1t is now
understood that the case will be
taken to the United States Supreme
Court for final decision. The en-
tire court sat in the case. with the
exception of Associate Judge Con-
rad, who was interested in the ap-
plication for condemnation proceed
ings in Sussex county. When the
court assembled Chancellor Curtis
announced that Chief Justice PEN
newill would read the opinion of the
court, which upheld the validity of
the law enacted, the FIVE judges con-
curing. Various points had been
raised, one being that the act was
in conflict with the state constitu-
tion in that the state constitution
prohibits specific road legislation.
Opinions as to Entries in the Journals
Another was that the act did not
legally pass the legislature, in view
of the fact that the Senate and
House journals did not show that a
bill of. the same title passed both
houses. Chief Justice Fennewill
held to the journal entry, as he
had held. in the Rash-Allen cleo
tion case in Wilmington. He said
that it was necessary for the full
entries of bill to be on the jour
nails of the houses to make a bill
legal. Judge Rice concurred in the
opinion of the Chief Justice. Judges
Woolley and Boyce adhered to the
enrolled entry as sufficient for the
passage of the bill. Chancellor Cur
tbs withheld his decision as to the
choice of the two doctrines. The
question of the entries is wholly
technical, as there is a difference
b the designation of the law in its
passage through Senate and House.
Public Utilities Within Reasonable Time
Relative to the occupancy of the
proposed highway by public utilities.
the opinion holds that this is legal,
provided the public utilities are
constructed within a reasonable
time, the court to decide later, if
called upon to do so, as to what is
a reasonable time in each instance.
At the conclusion of the reading of
the opinion. which occupied over
one hour, and the different additional
opinions by the respective Judges,
the Chancellor announced that the
judgment of the Court in the case
was that the petition be dismissed,
the rule on writ of prohibition be
discharged and that the petitioner
pay the costs in the case. Henry
Ridgely, counsel for the petitioner,
Clendaniel, asked that an exception
be noted to the opinion of the Court,
which was granted. 1t is under.
stood that the case will now bt
taken to the Supreme Court of the
United States for final decision.
Action Brought by j. II. CIendaniel
The decision was rendered on al
action brought by Henry Ridgely
of Dover, and Caleb S. Layton, o.
Georgetown, counsel of John H
Clendaniel, of Sussex county, t,
stop Judge Henry C. Conrad, O
Sussex county, from granting tn
petition of T. Coleman DUPONT
Lewis l.. Dunham, Frank M. Will
liams, Sidney H. Henry and Paul E
Wilson, comprising the boulevar
corporation, for a commission to con
denim a right-of-way for the roa
through Mr.. Clendaniel's property
a writ of prohibition being praye
for.
No Word From DUPONT Whathe Will d
General dupont was out of tn
State when the Court rendered it
decision and he could not be com
municated with as to what he noV
intended doing. Last week the ma
chinerv and equipment of the rOa
construction was shipped froI
Georgetown and rumors gained pub
licity that DUPONT intended to abar
don the project. Later he denie
that he had any such intention. H
said the machinery, which belonge
to a contractor on the work, havin
been idle in Georgetown, was take
away by the contractor, who wante
to use it on another project. MI
dupont said the contractor recentl
asked him what his plans were fl
resuming work. stating that if thel
was not to be an early resumption
he would like to take the maehineI
away to use on contract elsewhere
Mr.. DUPONT said he told the col
tretor that he could not answer h
question, as the matter was in Il