Milford chronicle., 1912-04-12
JUDGES PREFER that court
PASS ON The BOULEVARD ACT
Suggest TO Governor PenneWill That il
be Brought Up in Sussex County as
Case Stated.

Chancellor Curtis, Chief Justice PEN
newill and Law Judges Woolley, Con-
rad. Boyce and Rice. in reply to the re-
quest of Governor Penuewil for de-
cisien as to whether the boulevard cor
poration act is or is not constitutional,
informed the governor last Friday that
a better plan to get a decision on the
matter was to bring it before the Super
ior Court, which sits in about week in
Sussex county, as a case stated
Governor Pennewill will not call a
srecia session OF the legislature for the
purpose Of considericg propos d amend
ments to the act by which General 4.
Coleman DUPONT proposes to build his
boulevard from the southern to the
northern extremity of the State OF Della
ware, until he learns whether the act is
constitutional. AL wofk has been stopped
on the roadway pending the decision on
this question,
The reply sent 0y the judges was made
after a conference of the whole bench
Friday at the County Court House, and
is as follows
Wilmington. Del, April ), 1912.
"Hon. Simeon 5 PenueWill, Governor
of the State of Delaware.
"Dear Sir: Rrply ing to your commu'
nication of the second instant, in which
Won AZ k for the opinion oi the chancellor
and law Judges of the State touching the
.,f act the
legislature, approved March 81, lJll, We
beg TO saw that we have concluded, after
carefully considering the matter, that It
wonld be inadvisable if not impossible,
for us to express a judicial opinion upon
the act as a whole. AT tue most any
oDinion we might express would be based
upon ce tain features OF the s'atnle onIy'
and could not decide any other questions
that might be raised Afterwards Espec,,
;olIv wonld this be the case ii we should
undertake to act without the Dehent OF
resistance of argument By counsel on tile
respective sides. This must be so oovl'
ors as to require no further statement on
our part. We are satisfied that tue oD-
iect sought to be accomplished Dy you,
NAV be effected in another, better anu
speedier way, and that is by the loruial
docketing of an appropriate sctIon IN Tue
SnDerior Court, III the nature Of case
stated. This could he done almost I'M
mediately, inasmuch as the Superior
Court will be in session IN Sussex county
during the next week, and II necessary
continued for a short time thereafter
"a decision by that court would De
rendered during this term An appear
could be taken and speedily disposed oil
in the Supreme Court because we assure
Won that the chancellor and judges VIII
render all the assistance they can properly
render, both by special terms and SPECIFY
decisions in reaching fina decision OF
tbe questions that may be raised respect
inc Ihe constitutionality OF the act men
toned ....s ,.o,,r
eve appreciate your position ana your
dasire to have all questions that may III,
Uolve the constitutIonality OF the act
sneedily determined; aud we beg 10 as
snre YOU that if such a course as we nave
suggested is not taken promptly by coun'
sci we will give your communication
fnrther and early consideration.
ave are sir, respectfully yours
Charles Nj. Curtis, Chancellor
lanes Pennewill, Chief Justice
William H, Boyce Judge.
Henry C. Conrad, Judge.
Victor 3. WoOlley, Judge.
Herbert L. Rice, Judge.