Evening journal., 1912-07-19
But the Land Taken Must be Devoted to-
a Public Highway and The Operation
of Public Utilities Within a "Reas-
enable Time, The Court Holds
CAN CONDEMN 200 FEET
FOR THE RIGHT OF WAY

and attractive highway, designed and
used for the transportation of persons
and things. Such transportation may be
by any of the means now commonly em-
ployed on the streets Of a city or on the
roads Of the country. A boulevard from
the City of Wilmington to the southern
boundary Of the State conveys the idea
of a state highway OF course, and it is
entirely in keeping with such idea that
the highway should be ornamented by
trees and other parking features.
"The general subject of the bill then,
is that which is expressed by the title:
A broad and attractive public highways
and we think it was entirely competent
for the Legislature to provide in the bill
for the construction on said highway
Of any means OF transportation now in
common use. Railway, telegraph, tele-
phone, and pipe lines are agencies COM
monty employed today for trans.
portation purposes, and they cannot be
regarded as incongruous with, OF foreign
to, the general subject of the amendatory
act, to wit; The organization OF a Boule-
ward Corporation. The matters contained
in the act when thus considered. do not
constitute distinct subjects, but merely
express different ideas and purposes re-
lating to, and connected with, the same
subject.
Matters which constitute, apparently,
two distinct and separate subjects, are not
so, in the meaning Of the constitutional
provision, unless they are incongruous
and diverse to each other.
"The authorities all agree that il the
provisions OF the act relate directly OF
indirectly to the same subject, arc nat
urally connected. and are not foreign to
the subject expressed in the title, they
will not be held unconstitutional, as in
violation OF the provision under consid.
GRAFTON. II is not violated by any act
having various details properly pertinent
and germane to one general subject. Ant
the authorities also practically agree
that whore the title provides for the
organization of a corporation, the ac
may include any provisions relating t
the operation, regulation, control an'
maintenance OF the corporation.
But il is insisted that the statut,
deals with more than one subject becaus,
it REQUIRES a certain portion OF the boule
ward to be conveyed to, and maintained
by, the State, while the remaining par
] - ~ ANAhAh WiAhAiA Ait fhnAAtA nA a PIT
vate corporation. We cannot see thaf
such a requirement makes the portion
conveyed to the State any the less a par
of the boulevard which is composed o
the entire strip OF land which the corpor
alton was authorized to acquire.
ave cannot see upon what theory tn
ownership and control by the State o
the thirty foot strip is not germane Ia
or directly connected with the organiza
tion of the Boulevard Corporation. Ger
tainly tho Legislature had the power 4
make such conveyance a condition TO tn
right of the corporation to construct
manage and operate the boulevard, what
ever we may think of the wisdom of tn
provision. If the construction OF the We
hicular road is germane to the genera
subject, certainly its maintenance. afte
its construction. would be equally So
Then, how can the fact that the Legis
lature saw it to require such road I
be conveyed TO the State dissociatc
from the general subiecti II is none th
less a part and the most essential part
OF the boulevard.
"It is true that the statute in a sens
deals with more than one subject matte
in that il deals with railways telegraph
telephones, pipe lines, etc, but the oil
vious answer TO this apparent pluralit
is that the instrumentalities or utilitie
mentioned are but parts, and reasonabl
parts Of the boulevard They are men
bers or functions of the body which
the boulevard itself.
: 'It cannot be successfully contende
that the act violates the constitution,
e provision in that it provides for certai
exemptions of the property of boulevar
companies from taxation
}, Eve are clearly of the opinion that II
$ creation of Boulevard Corporation, wit
;, the rights, powers and franchises col
n ferred by the amendatory statute migl
= have been included in the General Co
3 poration Act, without contravening u
e constitutional provision under considers
d tion. Such being the case we cann'
c see any reason for holding that u
J, amendatory act is in conflict with ss
J.. provision, because il does not, any mo
n than the original act, deal with mo
= than one subject, nor fail in its title
express its subject"
o Taking up another point raised I
y counsel for Clendaniel, the Court savi
), ut is contended by the plaintiff tn
t, the statute IN question violates Section
of Article o Of the Constitution, whi,
J. provides that,
:. "'No corporation shall hereafter
Is created, amended, reviewed or revived |
l. special act, but only by or under gener
law and that it also violates Sect,
J. 10 of Article of said Constitute
d which provides that,
IT "'The General Assembly shall not pa
it any local or special law relating to {
le laying out. opening alteration, mai
it tenance or vacation. in whole or in pal
l. of any road, highway, street lane
of alley
"In support of this contention it is a
le gued that the real purpose OF the sta
70 ute was TO create a special corporate
r and to construct and maintain a speci
ID road OF highway.