The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-08-17
TO THE COURTS
win be Sent the Question Whether
West Virginia owes
A PART OF MOTHER STATES DEBT.
Tho Attorney General Has Decided
that the Government Shall Hold the
Money as Set oEor That Indebted
ness If Court Decides that West
Virginia Is Responsible for the
Debts ofthe Old Commonwealth.
sn.efal pi,paleh o ne Inle1lr,ncet.

Special Dtlpnich 10 ne INchiltHetf.
wAsurxorox, b. c., Aug. 16.-The
Attorney General during the past week
having given an opinion to the effect
that the indebtedness of the State Of
Virginia can be made set.of to West
virginia's claim for her portion of the
the direct tax, provided the facts in con-
nectionwith that Indebtedness are such
as to warrant a set-oft, the States case is
again in the hands OF the Treasury De-
partment for disposal. Just what the
Secretary Of the Treasury will do is OF
course known to nobody except himself.
He is not obliged to follow the opinion
Of the Attorney General any more than
any client is bound to follow the opin-
ion Of counsel; but cases are rare in
which the head of department, after
having requested ruling from the De-
partment Of Justice, does not adhere to
that ruling. Therefore the. course
which the Secretary OF the Treasury
will, in all probability, pursue, will be TO
refer the case to some court i'll order
that the facts may be ascertained. The
court OF claims, for instance, would
have jurisdiction, but TO whatever court
the case may be taken the Treasury De-
partment will, of c0urs be bound by its
decision, and the State will or will not
receive the money accordingly.
The question which the court selected
will be called upon TO decide is u new
one, and the decision cannot be antici-
pated. 1t is sincerely to be hoped that
the State will eventually get the money,
even though she loss the amount OF ex-
Governor Wilson's modest little fec; but
MS the matter stands at present the posi-
ton taken by the Department OF JUS
tice is so far unfavorable to that assum-
ed on behalf OF the State by her repre-
sentatives in their recent argument in
this city, as that, while Ex-Governor
Wilson and his associates sought TO have
the Acknowledgement render an opinion
upon both the law and facts involved,
and argued that that opinion should be
wholly in the States favor, yet he has
decided onlyt legally an action may
lie against the State and that the facts
must be ascertaincd elsewhere.
Under these circumstances it makes
considerably less difference whether
the error in the joint resolution OF the
last Legislature is corrected or not.
Just about the same time last week that
the Department OF Justice rendered its
opinion, what purports to be an
amended" copy OF the first resolution,
containing the portion missing in the
other two copies, was filed on behalf OF
the State in the Treasury. SO it would
appear that after months OF delay and
much pressure, both from official and
private sources, simple clerical error
has been corrected. Strange that so
simple thing should have required
such an expenditure Of time ami re.
sources in its accomplishment! And
stranger still that tho document should
have been placed on record just. when
its trustworthiness would appear to
have become question OF compara-
tive moment.