Smyrna times., 1912-09-25
DUPONT ROAD CASE NOW
GOES TO A HIGHER COURT
APPEAL TAKEN MONDAY MAY
DELAY BOULEVARD WORK
Gen. 7. Coleman Dupont in Interview
Regrets Action and Intimates He
May Take Road to Maryland

zen. J. coleman DUPONT in Interview
Regrets Action and Intimates He
May Take Road to Maryland
In the United States district court
at Wilmington Monday afternoon a
writ of error was issued appealing from
the supreme court of Delaware to the
United States supreme court the de-
cisiOn in the dupont boulevard law, by
which law T. Coleman dupont was
given the right to build a state long
highway through Delaware as a gift
to the state, but reserving for his own
use ITO feet for every thirty feet of
roadway. Chancellor Charles M.
Curtis, sitting as the presiding Judge
of the state supreme court, allowed
the writ, after which it was issued
by the clerk of the United States
court. Jehu Clendaniel makes the
appeal on the constitutional prohibi-
tion against taking a citizens life or
property without due process of law,
claiming that the boulevard law is in
conflict with the federal constitution.
The necessary funds for taking the
appeal were raised by popular sub
scriptiOn, a portion of which was
contributed by residents of Arden, the
single tax colony near Wilmington.
There was report from Georgetown
Monday night to the effect that in
view of the action General dupont
would abandon the boulevard project,
but this was denied emphatically by
Robert H. Richards, one of his attor-
neys. The writ of error issued by
the clerk of the United States District
court is directed to the judges of the
Supreme Court of Delaware, com
manding them to send the records of
the case to the United States Supreme
Court. Within thirty days the record
and writ of error will be sent to the
clerk of the United States Supreme
Court. The papers were presented to
Chancellor Curtis by Walter H.
Hayes, Henry Ridgely, and Caleb
S. Layton. Robert H. Richards ap-
peared for the DUPONT Road (Incor-
pOrated).
Gen. T. C. DUPONT Regrets Action
Following the action above mention
ed Gen. I Coleman dupont, in an in
terview intimated that if the people of
Delaware did not want the boulevard
/ he would give it to Maryland. 81
regret very much that this step has
been taken, said the powder magnate
in discussing the action. 81 had
hoped that those who are back of
7 TClendaniel, the appellant, and his
case would be satisfied with the un-
animous decision of the supreme court
OF this state. | understand the
supreme court of the United States is
very far behind in its calendar of
cases and that it will take long time,
possibly three years, to get decision
IN the rOOad case. This, of course,
will greatly disarrange my plans. 1t
will compel me to let my organization
go entirely. Although the road has
been inactive for several months,
have kept in touch with my road
organization so that it coud be got to
work in few days. am also losing
interest on the large sums invested in
equipment, and the equipment is de-
teriorating from lack of use. Proba-
bly, some of the work already done
will have to be done over again after
so long an interval.
Believe Majority of People Want it
These matters, of course, are all
aside from the expense and trouble of
the continued litigation. My feeling
about the road, however, and the bene-
fit it will be to the state has not
changed. | believe those who are
encouraging and supporting the liti-
cation are only few isolated indivi-
duals who are acting from different
reasons, personal to themselves, and
in most instances difficult to under
stand. / believe the great majority of
the people of the state want the road.
If such is the case, or until / am con-
vinced to the contrary, shall go
ahead with the project. Of course, if
| felt that the people generally do not
want the road, I should Immediately
abandon it, and if such should appear
to be the situation, my action would
be accordingly.