Evening journal., 1912-04-03
WEDNESDAY. APRIL 3. 1911
GOVERNOR rENNEWIIBs WISE ACTION.


=, vERYoNE will commend Governor Pennewl for
+ having called upon the judges for immediate
decision on the question whether tho Boulevard Cor
poratons law, under which it is planned to build the
dupont Boulevard is constitutional. He says wisely
TO the judges that nasmuch question has been
raised relative to the consutonality of the act ana
he has been asked call extraordinary session OF
the Legislature amend that law it would be futile
to call such session until is known definitely whether
the law is constitutional In other words that would
be foolish for the Legislature meet at great expense
TO the people amend law the constitutonaliy OF
which has been made the subject Of widespread public
controversy.
It is exceedingly important not only 10 General T.
Coleman dupont who has offered to give to the people
of this State the prlncely gift OF a handsome
boulevard extending the length Of the State. but also
to public generally that all question relative to
the coustitutionaly OF the under which that road
is to be built and turned the state, shall be
settled and for all If the law be unconstitutional
in any Of its provisions IL should be amended 50 It
will be constitutional and the road work may pro-
ceed.
There is a wide difference Of opinion among able law
yers relative to the consttutonality OF certain prov-
sions the act Until the judges have passed upon
those questions and upon the law as whole how
ever. it would be foolish the Governor says. to
anything in the way Of supplementng and strength
ening its present provisions II, that the judges
nave the question IN manu. lney ueNlue Ae law 10 NVN
stutiona have doubt the special session will be
called and that fhe proposed by General
DUPONT expedite the construction of the road will be
passed.
There arc in Delaware thousands of patriotic and
public spirited citizens who resent keeny the spirit in
which the generous gift Of General DUPONT has been re
cciyed by small but active minority. Nine Of every
ten Deawareans heartily in fayor of the boulevard
being built and put in general We have doubt
that a large majority of citizens will Wow with
the wisdom that prompted Governor Pennewil to
ask the judges pass the law Il seemed 60 be a
toregono conclusion that more Of those who arc
opposing the construction the boulevard would have
raised the question In the courts anyway. If it were
raised BY private individuals months might oapse be-
fore the litigation would reach point where judicial
decision tho law could be obtained With the Gov
taking the initiative, however the situation is put
on an entirely different footing No questions his
constitutional right TO call the judges for the best
advice they have to give any legal question. When
he points out 10 them that the importance the sub
iect treated in his inquiry calls for quick action it is
only proper that the judges VIII dispose OF
the questions involved with all the speed that is COM
patible with sound judicial work.
The question of the consttutionaly of the law is
fundamental Il goes TO the very heart of General
auPonts great enterprise He already has spent many
thousands of dollars in boulevard work and is eager
y spend many thousands to get the work under
interest in knowing just how the boulevard law stands
in the eyes of the judges. Every day Of delay means
additional expense 20 him. He is entitled to know
whether he is working under law that framed
it should have been, under that is open 4
successful attacks in the courts
The people, who know that the boulevard will NEAR
revolution in the road system Of the commonwealth
also want to know Just where they stand in the matter
They the benefit Of the $2OOOOO0 gift that Gen
eral DUPONT is confer upon them. It is Of vita
interest to them that the soundness
the law be settled for all time. That is desirable to tn
end that none of those who trying block the boue
ward project appeal the courts constitutions
grounds and tie up the work indefinitely.
II was wise move the part of the Governor II
saw what coming and cut right through the stu
alton to the heart of it. He knew that II the law
not constitutional the its unconstitutionaty
settled the better it will be for all affected. He ais
knew thai if it is constitutional sooner that IA,
is established by declaration from the judges OF tn
State the sooner the atmosphere viii be cleared of tn
cloud Of misrepresentation that is obscuring th
minds OF many persons who have permitted themseve
to be Influenced by paid volunteer agitators