Smyrna times., 1912-04-03

Governor Simeon S. Pennewill,
in letter sent to the judges of the
State bench yesterday requests
them to give him an opinion on the
constitutionality of the Boulevard
Corporation Law of the State, at
their earliest convenience. In the
letter the Governor sets forth that
his reason Tor requesting an opinion
that it has been brought to his at
tention from a number of sources
that the constitutionality of the
Boulevard Corporations Law has
been questioned, aud adds that
unless the act is constitutional, it
would be futile for him to summon
an extra session of the General
Assembly to consider amendments
to the law, as he has been request
ed to do. 1t is under this law that
the Coleman dupont Road is being
built. and upon the decision of the
judges may depend whether the
Boulevard will or will not be con-
structed.
Great Interest Here Over the Boulevard
Much interest is now manifested
in the proposed amendments to the
Boulevard law asked by Col. 7.
Coleman dupont who proposes to
build So, 900, 900 boulevard through
the State. The Legislature at its
last session, it will be remembered,
accepted the ColoneFs magnificent
offer and granted him franchises and
privileges never before extended to
any individual or corporation in Del
aware. Since then much discussion
has been given the project and var
ious views are entertained, some
declaring it to be one of the great
est boons to Delaware ever conceiv-
ed while others oppose the project as
being too much power into the hands
of one man or corporation and take
the stand it would have been better
for the State to have passed the
"Drexler bill" or some other bill
whereby the boulevard should have
been controlled solely by the State.
For the benefit of the readers of the
Times, the proposed amendments, for
which special session will be called
to consider, are published as follows :
For Acquiring Lands by Condemnation
An Act to amend an Act entitled,
"An Act providing a General Cor
poration Law" (being Chapter 273.
Volume 81, Laws of Delaware. as
smended) by changing the method
by which Boulevard Corporations
may acquire land by condemnation
and by authorizing such corporations
to construct branch boulevards.
Be it enacted by the Senate and
House of Representatives of the
State of Delaware in General AS
semblv met (two-thirds of all the
members elected to each House of
the General Assembly concurring
herein):
Section l. That the Act entitled,
"An Act providing a General Cor
poration Law" (being Chapter 273,
Volume 81, Laws of Delaware, as
ameuded) be and the same is hereby
amended by striking out therefrom
the whole of Section 154 thereof and
inserting in lieu thereof the follow
ing new Section 154, viz:
"Section 154. Whenever any
corporation organized under this
Act, for locating. building, con-
structing, maintaining and operating
a Boulevard, cannot agree with the
owner or owners of any land,
building. sand. earth, gravel or
other materials necessary to be
taken and used in the construction
Of the said Boulevard for the pur-
chase thereof, the said corporation
may apply to the Associate Judge
of the State of Delaware resident
in the County where the land OF
material necessary to be taken is
located, first giving the other party,
or owner at leat five days notice in
writing of the intended application
if within the State, and if said
other party, or owner, be unknown,
or without he State. or under the
age of twenty one years, then such
notice shall be published in some
newspaper in the County in which
the land or material proposed to be
taken is located, at least five days
prior to the intended application, and
the said Associate Judge shall ap-
point five judicious and impartial
freeholders to view the premises
and assess the damages which the
owner or owners shall sustain by
reason of the said Boulevard passing
through, taking and using the SAID
land or material. and in assessing
such damages the said freeholderE