Smyrna times., 1912-04-10
GOVERNOR FEELS THE WAY
BEFORE CALLING SESSION
ADDRESSES A LETTER TO LEG
ISLATORS TO SEEK ASSURANCE
Concerning Boulevard Amendments
Before He Acts-Judges Withhold
Giving Opinion on ConstitutionaIitY

Giving Opinion on ConstitutionaIity
The six judges of the Supreme
Court of Delaware Saturday after
noon, after a long conference sent
letter to Governor Pennewil in
reply to his request for an opinion
as to the constitutlonality of the
Boulevard Corporations law saying
they consider it inadvisable, if not
impossible, for them to express a
judicial opinion upon that law as a
whole, as their opinion could not
decide any other questions that
might be raised afterwards. They
suggested that the cOnstitutionality
might be questioned in a better and
speedier way by the docketing of
case stated in Superior Court IN
Sussex county this week and an ap-
peal to the Supreme Court. The
judges say they will sit in special
terms and make decisions with the
least possible delay. Henry Ridgely,
of Dover, representing several per-
sons in Sussex county, who object
to condemnation of their land for
Boulevard purposes, has written to
the judges protesting against them
ruling on the constitutionality Of
the law except in a formal court
proceeding. If a case stated is
docketed as the JUICES suggest.
Mr.. Ridgely probably will present
the attack on the law and raise the
question of it's constitutionality He
has his case ready for presentation
to the court. Governor Pennewill
made no effort Saturday to conceal
his disappointment that the Chancel-
lor and the judges had failed to
give an opinion on the constitution
ality of the Boulevard Corporations
Law as a whole.
Seeks Sentiment of Legislaturemen
Regarding the proposed amend
ments as published in the Times
last week Governor Simeon S. PEN
newill sent a letter to each men,
ber of the Senate and House asking
them to express their sentiment as
to a special session of the Legisla-
ture, and whether or not they are in
favor of the proposed amendments
to the boulevard corporations law,
and whether they will oppose con-
slderation of any Legislation other
than amendments to the boulevard
corporations law in a special ses-
sion. The Goveror encloses with
his letter to the Assemblymen a
letter sent to him on April . by
General T. Coleman DUPONT pointing
out the necessity for the amend
ments to be passed if the dupont
road is to be completed within
reasonable time, and in which he
say some contractors stand ready to
finish the boulevard in a year if
obstacles are removed. The Gov
ernor also encloses his letter in
reply to General dupont expressing
his sympathy with the boulevard
project and his Willingness to assist
in it as far as possible. In his
letter to the members of the Legis-
lature. Governor PennewiIl wishes it
understood that he desires that the
special session be limited to con-
sideration only of amendments to
the boulevard corporation law. Few
have sent in their replies, fearing
to commit themselves to vote for
the amendments before argument
in the matter is heard.
Letter Addressed to Each Legislator
State of Delaware. Executive
Department, Dover, DEL, April 8,
1912. To the Senators and Re-
presentatives of Delaware. Gentle
men-l am in receipt of letter
from Mr.. Coleman dupont, a copy
of which is attached, and am en-
closing copy of my reply thereto
as we'll as a copy of the suggested
amendments. l want to impress on
you the Importance of this legisla-
tiou and the Importance of quick
action. Delaware has much to gain
by the road being completed this
year, and / trust you will give this
your Immediate attention and ad-
wise me where you stand so I can
decide whether it is advisable to
call your body together or not. l
must have the assurance of two
thirds of both houses that the
amendments will pass or / will not
call you together. l must also be
assured that no other business or
proposed legislation will be con-
sidered by you. Please forward
to me in writing your answers to
the following questions: Do you
favor the proposed amendments
Will you oppose the consideration
nf any other busineBs at a special
session than the confederation of the