The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-04-20

political division OF q State Is liable tc
the creditors for the whole debt, what
ever may be its liability as between thai
division and the remainder Of the State
This, II true in any sense, can be true
only in very limited one. Otherwise
It would lead to individual liability,
which, Of course, would not be con
tended by any one.
vIRaINIA's DEFAULT
SIT will be claimed also on the part o.
West Virginia that q set-off Is in the na'
ture OF a new suit, and that one claim
cannot be set.ofr against another unless
an original action could be brought fol
the set.off. But the Comptroller may
reply that Section 3,48l and the recent
act Of Congress should be construed to-
gether, and that when Congress appro-
priated money to reimburse the States
lor the direct tax It had in view Section
3,4Sl, and that II State was in default
in the payment Of interest or principal
on an Investment in stocks or bonds
issued or guaranteed by such State, and
held by the United States in trust, that
the Secretary OF the Treasury should re.
tain the whole amount appropriated, or
such sum as might be necessary. This,
however, still leaves the question open
as to whether West Virginia ia in de-
fault or not. Is not the only actual de.
fault on the part Of Virginia? Was 1t
the duty OF West Virginia 10 pay these
bonds; and If not, how could she be in
default for not doing what her duty did
not require Of her?
II notice that a correspondent OF one
OF the Democratic State papers has said
that Comptroller Matthews will bs set
down npon' by the administration.
This is unfair and unjust to the Comp.
troller, and entirely untrue. Judge
Matthews is not only one Of the very
best bureau officers in the service. but
Is also very excellent lawyer and per-
fectly able TO take care OF himself. He
has not decided this question. He has
simply raised 1t, and recognizing 1t as OF
very great interest TO West Virginia, has
asked, as he has a right TO do, that the
Attorney General give an opinion upon
the subject. II the Attorney General
shall decide that the Comptroller should
withhold the money, he will doubtless
do 30. II the decision is otherwise, the
money will be paid. But should the
money bs withheld. It is not at all likely
that the people OF West Virginia will be
willing to yield ths question even upon
30 high authority, and doubtless
the Attorney General OF the State will
proceed by mandamus or some proper
remedy TO enforce the payment, and thus
leave 10 the courts the final adjustment.
It would be extremely unfortunate for
our State II the question OF liability in
this behalf should be decided in such in
direct manner. II would be much bet
Ter for our people II we could have fair
and equitable settlement with Virginia
direct. It is not believed by the people
of West Virginia that upon a fair settle
nent OF this kind we owe anything, yet,
as both States have recognized
he fact that an equitable proportion Of
he debt should be assumed by West
Virginia, it would seem right that set
,lement should be had between the two
States, and thus forever dispose Of a
question which is doing our State no
yood in It's present shape, which is liable
o misconstruction and misrepresenta.
ion, and may do US much injury"
In the meantime the original point
.aised by the Comptroller in respect to
he defective joint resolution OF the
legislature has not yet bson cleared up.
No copy purporting to contain the cor.
ected resolution has yet reached the
Treasury Department.