Evening journal., 1913-02-10
The Terms Of the Contract.

Dul on Mnhl terms
In the enabling bill, which passed the
Legislature, as an amendment to the
Corporation Act the first article ran;
A boulevard within the contemplation
Of this act is dehped to be broad strip
Of land upon which must exist well
built road for yehicular travel; and upon
which may be constructed, maintained
and operated a railway or railways; and
beneath the surface Of which may be
laid maintained and operated pipes and
conduits for distributing steam, heat and
power; and along which. either by poles
and wires above the surface or by pipes,
or conduits. and wires below the surface.
electricity and electric current may be
distributed for any purpose whatsoever;
and beneath the surface of which NAV be
laid maintained and operated pipes.
tubes, mains and conduits for the distri-
button or transportation OF gas. water or
oil or any other useful article; and
upon. or under the surface OF which, may
be constructed and operated telegraph or
telefone lines, by means of poles and
wires or cables, or underground conduits
or otherwise; and which may be beauti-
fed by trees, grass. flowers and shrub
hery; aud which may also be used for
any other purpose not unlawful and not
necessarily detrimental to the use of the
said road for vehcular travel.
1t was provided that
The portion of the said boulevard TO be
devoted to the SAID road for yehicular
travel, and its accessories, shall not be
less than thirty feet wide So soon as
the said road is completed, or any sec
tion thereof not less than ten miles in
length. the said corporation snail con-
vey title to the thirty feet wide portion
OF said boulevard devoted 90 the said
road and its accessories, or TO such COM
pleted section thereof not less than ten
miles in length, unto the State Of Della
ware, free of cost to the State. and the
State of Delaware shall be- and il is
4 hereby, required forever to maintain the
/ said road, or such section thereof, and all
/ bridges, culverts and crossings forming a
part thereof in the same condition as
when completed and conveyed TO the
State.
1t was also provided that no boulevard
railways should be operated by steam
that branches might he constructed and
operated If accompanied by similar
free roadway; that lands might be en-
tered upon for surveys, and as much lanC
taken as necessary for the proper con
structiOn and security of the boulevard
subject TO responsibility for any damag,
done; and authority was given Ito erect
construct, establish, maintain. and oper
ate upon any land purchased or other
wise acquired by it outside the strip o
land constituting its boulevard, plants
factories or other agencies. for the manu-
facture production, pumping, storage
sale, distribution and delivery of steam
4 heat, power, electricity, water. oil. tele
graph. telefone, or other useful article
Furthermore, Every boulevard cor
! poration shall have full power and au
= thority to grant, lease or otherwise dis
pose of to any other corporation or cor
porations any one or more of the fran
chises granted to IT," and 1T shall b
; lawful for any boulevard corporation o
J for any corporation to which such boule
; ward corporation shall have granted o
l leased its franchises to consolidate wit
anv other railway" In addition I
, which, "All that part of the strip of lam
constituting any such boulevard not de
voted to the road for vehicular trave
= and belonging to any boulevard corpora
, tion shall be wholly exempt from taxa
/ tion until the same, or some part thereof
q shall be used for any one OF more of tn
D public utilities for which a franchise
!. by this act granted
Q Broad franchises, indeed. In man
Legislatures promoters obtain franchise
= and then sell out
p. Delaware Unused to Public Spirit.
4 Most States require quid-pro-quo fo
a rights to put equipments for railways
h light. heat, power. telefone, telegraph
o oil and water pipes, etc, along, under, 9
I over the highways. But it has been th
I custom in Delaware to give franchise
+ away. Men with cunning minus publ
= spirit have obtained franchises for noti
f; ing and then sold them for enormor
e sums. All that was stipulated was tha