Evening journal., 1912-07-27
UNDECIDED
ON BOULEVARD
CASE APPEAL
lcontlnued nom Flrst pagel

which We believe vitality Affect all the
people and, our government itself"
said Mr. Ridgely. Respect for those
principles as we understand them,
after a most exhaustive examination
Of the authorities, extending over
many months. compels us TO answer
your question in tho negative"
what do you consider the strongest
point against the Boulevard statute?"
IF by strongest yOu mean which
Is most fatal to its cOnstitutionality.
] would answer that there are no
degrees IN mortal diseases. In our
opinion every point made by us was
vital. If YOU only mean what was
the most generally Objectionable feat
ure of the measure, we would say. It's
un-Americanism. There are good
many people who seem to see moth
ing in It except the single question,
is boulevard desirable or undesir-
able. They have not yet come to
realize that the vital question is. Is
boulevard desirable when secured
in the manner and by the methods
employed. For years, a lottery was
sanctioned by the State of Louisiana
because various desirable public Inn
provements were secured TO the State
thereby A more enlightened senti-
ment saw that while the improve
ments were indeed desirable, the
means by which they were secured
were bad. With us in Delaware, a
boulevard is TO be secured at the
price Of vesting in a single 'corpor-
alton, powers and privileges without
precedent IN this State OF, so far as
we know, In the country at large A
great protest has arisen from the
American people within the last few
years against special privileges, but
the boulevard bill multiplies privilege
upon privilege TO an extent un-
dreamed OF before. IL Is true that
the courts say, that these privileges
are open to all, because the law is
general in form, but the stubborn fact
remains that a million or more OF
money is required for the securing of
these privileges so that the plain
truth is that the boulevard bill is Just
as surely confined to millionaires as
II it had been expressly so declared
by It's title. This is what we mean
when We say that the measure is un-
American.
In this connection We may say
that Il is a curious fact that II does
not seem to be known generally that
our State Court admitted the cor
rcctness of one of our principal OBJ
jections. We contend that the boule-
ward bill undertook to authorize the
appropriation OF q State-long strip OF
land one hundred and seventy feet
I'm width, not only without requiring
II 10 be devoted TO any public use,
but ON the other hand expressly au-
thorizlng it to be withheld from any
such use for fifty years without tax
alton and for an indefinite time be-
yond that period, with taxation. The
/ court admits this 10 be true and fur
/ ther admits our contention that il is
] beyond the legislative power to do
this. They save the bill, however.
from what would seem It's inevitable
death after this admission by hold
ing that while the provisions in tho
bill referred TO are unconstitutional,
they can be stricken out and still
will leave enough OF the bill remain
ing 10 accomplish the objects Of
Coleman DUPONT Road 1ucorpo-
rated)
"In other words. the bill as IL
! passed the Legislature and as signed
| by the Governor was declared 10 be
! defective and was submitted to a
sort of surgical operation before be-
/ ing pronounced constitutional
"What have We TO say OF Mr.. du-
/ Points interview as printed in
Thursday mornings papers?" the re-
porter asked.
"As neither Of us Is Judge of the
courts in this state and as neither
Of us has represented any part in
the condemnation proceedings insti-
tuted by Mr.. duponts company, and
furinermore, as neither of Ms ever
volunteered our services TO him or
his company, We presume that VIC
were not intended as the objects of
his attack" said Mr.. Ridgely. "As
members of the bar, however, VIC are
interested In the professional con-
duct of every lawyer In the State.
Mr.. DUPONT has made allegations of
that which Is unQuestionably unpro-
fessional conduct with regard TO GER
tain unnamed Delaware attorneys
u he can establish his charges, 1t Is
his plain duty TO present them be-
, fore the proper officers I'm order that
in accordance with their desserts
- There Is n Bar Association in each
of the counties in this State. II
Mr. DUPONT should present his
charges. giving the names OF the Of.
, Tending attorneys 20 the president OF
- the Bar Association of the proper
% county they will doubtless be acted
upon. Speaking for Kent county, al
least. we can assure him that tn,
Bar Association of this county will
make searching examination OF ans
charge made against any attorney OF
5 this bar and will take such action
/, as the facts warrant. II Mr., DUPONT
y can establish his charges, his criu'
cism is justified. II he cannot anc
does not, then his criticism is small
; and mean and should be resented bs
every member Of the bar, including
\ his own attorneys"