Smyrna times., 1912-06-19
BIG LEGAL BATTLE OVER
DUPONT BOULEVARD CASE
HENRY RIDGLEY, OF DOVER,
PLEAS FOR COMPLAlNANTS
His Closing Speech Before Supreme
Court Last Week Declared IMAM
STANDARDIZATION Reserved


Court Last Week Declared IMAM
swerable-Decision Reserved
Much interest was manifested in
the argument in the dupont Boule-
ard litigation at Dover last week,
before the Supreme Court of Della
ware. Several prominent citizens
of Smyrna were in attendance. 1t /
was legal battle over the con-
stitutionality of the act, between |
Robert H. Richards, ESQ.,, chief |
council for the Boulevard Corporal |
and Henry Ridley, ESQ.,, represent
ing the complainants. Richards |
presented the Constitutional ques-
tions raised as to the subject matter
of a hill before the Legislature
the passing of no law relating to
the laying out, opening, altering or
maintenance of any highway, street,
lane or alley, &c.. and that no
mans property shall be taken or
applied to public use without the
consent of his representatives and
without compensation, &c. The
question of the keeping of the
journals of the two houses of the
Legislature, with entries. yea and
nay votes, &C., was also taken up.
Mr.. Richards called attention to the
Enrolled Act Doctrine" and the
journal Entry Doctrine. In
connection with these doctrines,
MIR. Richards took the Rash-Allen
case, referred to by the plaintiffs.
as an instance of the Superior
Court of this State adopting the
journal Entry Doctrine. This
court, he stated, however, has
never passed upon the question and
neither doctrine has been establish
ed in this State by a decision of
this court.
Henry RidgIey Makes Strong Plea
Henry Ridgley made the closing
argument. Mr.. Ridgley spoke for
Y over two hours: "The first point, -
ne said, sis that the act was in
violation of the Delaware Constitu-
tion, in that no bill should contain
more than one subject and that the
ri subject should be expressed in the
title. The cardinal error of the act
Mr.. Ridgley showed was that il
attempted to blend State functions
with the function of a private cor.
poration. It attempted to drive
the State and corporation, tandem,
the corporation leading. The second
point made was that the act wai
in violation of the constitutions
provisions prohibiting the taking OF
private property except for public
use. He said public use meant ust
by the public; that the public mus
have definite rights in the property
so taken. He pointed out that th'
act authorized the boulevard com
pany to withhold 17O-foot strip o
land extending throughout the Stat
from any use whatever for so years
Without taxation, and for as muc
longer thereafter, without taxation
as the company should desire. II
asserted that this was not takin
for public use.
Gould Use Boulevard for Pipe Line
He referred to the special mes
age of the governor. containin
- Mr.. duPont's communication,
which the latter said he was nj
6. to be bound to build an electric raj
Z way or any other utility on the IN
Z foot strip if he did not so desire
3 Mr.. Ridgley pointed out that boz
9 levard corporation might use the Il
Z feet for a pipe line only, if it d.
sired. He next insisted that til
Z Aact violated two other constitution
2 provisions, one providing that tt
Z Legislature should pass no speci;
E aw concerning the laying out I
maintenance of any street or hig
Z way, and the other, that corporation
2 eould only be created under gener
z aw. The act Disseminated in fav
3 pf boulevard corporations by pr
Z *enting them with an 'assortme
Z bf fancy franchises. He said
z Was obnoxious to the spirit OF {
Z Constitution that any set of m
3 ahould receive special favors frC
Z be States, becuse they were willir
z b pay for them either in cash or
:. he construction of road. He insii
: d that all men should be equal /
. fore the law.
Z Delegated Part of States Sovereign
,n,S Mr.. Ridgley next insisted that
ct was contrary to the spirit Of
Constitution becaue it delegated
- part OF States Sovereignty to a
ate corporation. HE said that
ct left the question as to addition
state roads, as to board OF dir
ONE 0ve rs of private corporation, "
and light decide that the State shol
we road whether it wanted it