Evening journal., 1913-02-10

diverted to improving the State will do
more towards making the State of Della
ware and other States do that which
they do not seem 10 be able or willing
to do
So. instead of making furtivc effort
TO exploit Delaware for his personal
financial profit. the income from the sur
plus strip. until such time as the strip
is needed was TO 90 60 Delawarel
Doubters fell upon that phrase, until
such time as the strip is needed; but
the American Economic League hailed
him glecfully as a single taNeri
Not a Moral Road.
Probably the choicest example OF the
criticism of opposing newspapers in
Delaware was that of the Sussex Repub-
lican. II wished somebody TO point out
wherein this boulevard will improve the
moral welfare of this State, arouse our
patriotism. create high ideals of civic
righteousness. discourage the buy ing and
selling of votes. and develop in the indi-
vidual that high character. which should
be the purpose of al activity la life,
whether it be individual. social, CONNER
cial or political Taking this iocularly,
the Wilmington Evening journal re-
minded its contemporary that "eyen the
most ardent advocate Of the boulevard
never has asserted that it is Fourth of
July orator. or secret agent hunting
for those who indulge in corrupt prac-
ticcs at elections
The Question of Constitutionality.
One farmer. Jchu Clendnnicl, resisted
the attempt TO condemn a right of way
thru his farm and when the resident
Judge upheld the right TO condemn he
appealed ON writ of prohibition TO the
Supreme Court and attacked the consti-
tutiouality of the boulevard. This APP
peal was decided in favor of the houle-
ward law. "lf the bill is upheld" the
plaintiff had contended. 1T means that
the Legislature may vest q single corpor-
alton with the power of laying out one
road and compel the State TO maintain
/ il. and il so. II is possible TO confer upon
one corporation this same power with
respect TO two roads, TO three roads, in
short. TO any number of roads"
In the opinion upholdng the boulevard
authorization the court saidi "Ihe rail
ways, tclegraphs, telefone pipe lines
/ etc, are but reasonable parts of the
| boulevard members of functions of the
/ body which is the boulevard itself" On
/ the power of eminent domain il wa.
/ decided that There can be TO doubt
J that every one of the features or Gle
mcnts of the boulevard has been Judi
cialy decided 10 be a public use" II
/ held that the law was duly and properl,
passed aud Is constitutional provided th,
side strips in the 200-foot right of way
be used for public utility purposes with
] l. Nu ~ taf
what shall constitute n reasonable timl
was left open TO future decision by thu
court should IL ever be raised. Ais
'the court holds that il unquestionabll
was the intention of the Legislature anl
the purpose of the act TO authorize tn
taking OF the entire strip for public pur
poses and that any provision in the ac
which attempts to relieve the corpora
iion from such use indefinitely or foreve
could not be effective
Plaintiff then took the case TO th
! United States Supreme Court where
/ now is, and II which his attorneys r'
b. fuse to agree TO facilitate its considers
tion.
, Litigation Hating the Roadmakers.
a Work on the road was stopped
h April last because the litigation attacl
r ed the validity Of every act that migl
e be done by tho corporation. and eve
( its right 10 exist General DUPONT. neve
r theless. has continued down 10 date
maintain the nucleus Of the organizl
tion, and TO preserve the equipment an
materials at q constant monthly COS
Around the whole project there gathere
new artificial clouds of mystery and di,
, trust mostly made mp of misundei
standings.
People remarked 60 your correspoI
dent even yesterday that "if Gcneri
dupont only would say to what puipos
he is going 20 put that extra spac
there might be no opposition So you
correspondent went to General dupon
and inquired:
, "What are the other purposes {
, which You may put the extra landg'
: II don't know; cant guess"
"1he enabling act mentions station
2 for dispensing power, light, heat, etc