Evening journal., 1912-04-25
BOULEVARD
LAW TEST IS
UNDER WAY
dupont Road, Incorporated,
SETS Forth Its objects in
Court Petition
DIRECTORS RAISE ISSUE
OF CONSTITUIIONALITY

Special to THE EVENING JOURNAL
GEORGETOWN. Del, April 25.-
Much interest Is being taken in the
proceedings started yesterday before
Resident Judge Henry c. Conrad and
which will 90 into the Supreme Court
to test the cOnsttutiOnality of the
boulevard corporations law The Cole
man DUPONT Road Incorporated,
through Charles Cullen and Robert
H. Richards. applied for the appoint
ment of commissioners TO condemn a
right of way for the DUPONT Boule-
ward through the farm of Jehu G..
Clendaniel. Henry Ridgely and Caleb
5 Layton, representing Clendaniei,
fled a motion to dismiss the petition.
Judge Conrad refused the motion and
set May II as a time for further pro-
cecdings. Al that time Il is expected
Judge Conrad will be apprised form
ally of an application TO the supreme
Court for "A writ OF prohibition to re-
strain him from appointing the COM
mission. which will open up the en-
tire subject OF constitutionality before
the Supreme Court
A writ of prohibition has never been
issued under the present constitution,
so the proceeding viii be now in the
State courts, The petition OF the Cole
man dupont Road, Incorporated, is as
follows
TO the Honorable Henry c. Conrad.
Associate Judge of the State of Del
aware, resident ia Sussex County.
The petition of Coleman DUPONT
Road. Incorporated" corporation of
n, - lrIu flt.I L.
represents.
That Coleman DUPONT Road. IN
corporated," is corporation of the
State OF Delaware. organized under
the provisions of the General Corpor-
alton Law of the. State of Delaware.
n copy Of whose Certificate of incOr-
poration is attached hereto and mark
cd Exhibit A."
That the said corporation was or
ganized for the purpose OF locating,
building, constructing. maintaining
and operating a Boulevard extending
from or near the city OF Wilmington
In the northern part of New Castle
county. in said state, by as nearly a
straight course as is feasible and de-
srable. through the said State Of
Delaware to or near the town of Sell
byville, at the southern boundary of
said State, aud for the purpose Of
constructing upon said Boulevard
well built road for vehicular travel,
such as Is required by "An Act Pro-
viding a General Corporation Law.
approved March TO- 1889. as amended
and for the purpose Of constructing.
maintaining aud operating upon said
Boulevard a railway or railways for
the transportation of freight and pas
sengers. the carriages, coaches and
cars OF which are 20 be moved or
propelled by electricity. by cable. or
motor, or by any improved motive
power other than steam. and for the
purpose OF locating. maintaining and
operating pipes and conduits beneath
the surface of said Boulevard for dis
tributing steam. heat and power and
for the purpose of distributing along
said Boulevard, either by poles
and wires above the surface or by
pipes or conduits and wires below the
surface, aud electricity and electric
currents for any purpose whatsoever.
and for the purpose of laying. main
tanning ana operating, beneath the
surface of said Boulevard. mines
tubes. mains, conduits for the dis.
'rlpulon or transportation of gas
water or oil or any other useful
article. and for the purpose OF con
htructine and operating. either upou
or under the surface OF said Boule.
ward. or upon and under the surface
thereof, telegraph or telephone lines
by means of poles or wires. or cables
or underground conduits or otherwise
and for the nurpose of beautifvius
said Boulevard by means Of trees
grass, flowers. and shrubbery.
That the estimated length OF tn,
boulevard is 100 miles. and that prior
10 the organization Of said cornoratior
that there had been subscribed an,
paid i'm. in good faith and in cash. {,
the directors named in the articles O.
the associations Of the said Coleman
dupont Road. Incorporated al loas
Continued on Page six.)