Evening journal., 1912-07-20
BOULEVARD DECISION
GRATIFYING TO STATE;
WANT DIRT TO FLY
General DUPONT Away, But Hope is Expressed That
He Soon Will Resume Work on the Sfafe-Iong
Highwsy-.-Wews of the Judges
on Validity of Law

There was much qualification
throughout the State yesterday af-
ternoon when it became known that
the iudges of the Supreme Court had
upheld the consututionality of the
boulevard corporations law - an
amendment to the General Corpora
ton Law under which General T.
Coleman DUPONT started to build the
Coleman dupont Road or State-long
boulevard. General dupont is out of
the city and will be away until next
week While no definite statement
can he had IS TO his intentions, It Is
believed that he will soon resume
the construction of the boulevard ana
also will acquire by condemnation a
right of way wherever amicabie ar
rangements cannot be made to Oh
tain the two hundred feet wide strip
desiI ed. ,,
Whether General DUPONT will IN
sist upon the Legislature enacun66
additional legislation to facilitate TN
acf airing of land and to clear up
some other points is not known II
is known. however, that the poule-
ward is his pet project and that ne
would like to complete it and give
tbo neople of Delaware a highway
uneoualled in any other State OF tue
country. His ideas, 1t is unusl
stood are far more comprenehslNe
than appear in the project as orlsi'
nally outlined. r,o,v,
The decision of the Supreme CouI'
is taken by many persons as an assur'
ance that Delawareans will not onlS
oct the nublic boulevard but also even
tuallv will receive the benefit oi al
electric railway and other utilities
lha+ would be of advantage 10 al
The decision of the court makes
obligatory the operation OF puon'
utilities on the remainder OF the wv
hundred feet of land that is not ac'u
alIv devoted to the highway, ana suSl
utilities must be operated within
sreasonable time" This, however
leaves an open question for future ue
Termination Of the question OF Whae
a reasonable time" and also the poa
sibility of what might happen py lS
course to law, il the highway iusel
uere buiit and the remainder OF IN
,.,gbt of way not devoted to the opera
ton Of nubiic utilities. But the de
cision clearly establishes the right Z
condemn a strip two hundred zee
\ ,yide for boulevard and public utilit
E purposes. ..--;s,
whether an appeal will be carrie
q. ,he srnreme Court Of the Unite
n states is not known. Henry Ridgels
s of counsel for Jehu II. Clendanle
who was the plaintiff in the litgatol
3 decided Yesterday, noted exceptions Z
| the courts decision. in order that a
+ appeal could be taken II II snouiu =
q desired.
Dissent Over Doctrines.
Chancellor Curtis, Chief Jusuc
s pennewill and Associate Judge
WooIlev. Boyce and Rice we're unan
mons in the main decision upholdin
the law. involving alb points except
inc that as to whether the bill wa
Il nassed under the journal entry do'
Il trine or the "enrolled bilr doctrine
which has been a mOoted point sine
Z the Allen-Rash election case was az
K cided bv the Court in Banc. In tns
court Chief Justice Pennewill and Az
sociates Conrad and Hastings uphei
< she journal entry" doctrine. and Jus
3 tices Boyce and Woolley dissented an
upbeld the enrolled bill' dootrin
The Judgment of the Court IN ban
did not set a precedent however.
In Yesterdays opinions Chief Ju
&c Pennewill and Justice Rice a.
81 Cared the boulevard corporations bl
60 be passed validly under their appl
: cation of the journal entry" doctriL
and distinguished it from the Rasl
Allen case. Justices Woolley al
& Boyce. in an opinion read by Justi'
Woolley, found the boulevard corpor'
& tions bill to have been validly pass'
& by their application of principles
81 the 9enrolled act" doctrine and aga
declined to accept the journal entr!
& doctrine. Chancellor Curtis said
n was not prepared to give his opinlc
as to whether he would accept u
journal entry" doctrine or the "el
rolled act" doctrine, but will file
+ opinion later expressing his pre-
a Hrence.
Chancellor Curtis acceptance
Al one or The other doctrines will e
tabhsh a precedent for future cas-
involving the validity of bills pass