Every evening, Wilmington daily commercial., 1921-03-17
LINCOLN HIGHWAY
CHANGE OF ROUTE
HELD UP IN HOUSE
Question Raised as to the Con-
stitutionality of the Pend
ing Measure.
OTHER OBJECTIONS MADE

staff Correspondence of Every Evening.
State House. Dover. March Il.
After third reading. the House of
Representatives, yesterday afternoon
aeferred until there is larger atten-
iance of Representatives further action
IN the Senate hill changing the route
81 the Lincoln Highway in Mill Creek
nundred The bill provides that the
Lincoln Highway shall extend along
he present road leading from st. James
church to Newark. while a commission
appointed by Judge Herbert l.. Rice
picked a route which in some places
iiNerts 500 feet from said road,
Senator Richards. who was granted q
the privilege of the House floor, sad
construction of the Lincoln Highway
was commenced four years ago, seven
miles thereof are completed and two
years have been spent in AN ciort to
obtain right of way for the disputed
section. He stated land owners adj
iacent To the proposed highway oppose
the route selected by the commission
and declared said route would rob
many taxpayers, as it would cut their
farms in half. While giving details OF
alleged injury to property. he mentioned
hat the highway would cncroach 10
within sin feet ot the dooTsteps OF one
mans home.
Representative buckingham thought
he route fixed by the bill preferable to
he route picked 10y the commission
Representative White questioned the
onstituuonality OF the bill and cited
section 19 of Article : Of the Constitu-
ton OF Delaware. as follows.
The General Assembly shall not pass
any local or special law relating TO
fences. strayiug Of livestock. bitches
rcation or Changing Of the boundaries
II school districts or the laying out,
opening alteration. maintenance or va
alton, in whole or in part, nf any road.
airhwav. street. lane or alley, provided.
however that the General Assembly
NAV be a vote oC two-t thirds Of All the
members elected to each House pass
laws relating 10 the laying ont. opening.
alteration or maintenance If any road
III highway which forms a continuous
road or highway extending through at
.ast portion Of three counties OF the
St,te."
senator Richards sent for Senate
Attorney Hope who expressed the opln
on that the bill is constitutional.
Representative Corbit differed With
Mir Hope regarding the constitutional
itv of the bill He defended the com
mission. Of which he was member He
said the commissioners are capable mon
and devoted two months 10 their WORK
He stated they selected the route they
considered best, one that eliminated
DANGEROUS curves and caused the least
inconvenience TO the land owners af-
rccted He mentioned that this route is
approved by the persons who will pay
,he cost of the highway and asserted
oassaxe Of the bill would be detrimental
20 New Castle countys road system.
Senator Richards, replying TO Repre-
sentative Gray. said the commission
had awarded lind damages asgregating
s3OIs5. Representative Buckingham
reminded him that the commission had
also awarded s6s.o0e to the Baltimore
4 Ohio Railroad
Representative Corhit explained that
the s6s. 600 is New Castle county's
share Of the cost OF a proposed railroad
bridEe.
senator Richards predicted that liti-
cation would suspend highway con-
sfruction for another year II the House
non-concurred in the bill.
Collection of Back Taxes.
b a vote of 20 10 lS. the Hol Sc de-
lated the House bill authorizing
harles II. Lippincott. former receiver
Il taxes and county treasurer of New
'astle county, to collect the unpaid
axes on his duplicate for the years
1918. 1919 and 1920.
p Warren Green. attorney 70 the
Lew Court Of New Castle county. an
nounced that Mr.. Lippincott Is Ill and
explained that the purpose of the bill
vas 70 empower the Levy Court to ap-