Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-15
SENATOR FAULKNER
Making a Great Effort for West
Virginia's Legitimate
ggREOF THE DIRECT TAX MONEY
"a Ess Succeeded in lmgrsssing the Committee to
Which It Vas Referred With the Just
ness Of the Claim and a Favorable
Report has NB5sn Made.

WASHINGTON, d. C., January 14.-If
West Virginia does not speedily get the
s,-sq-s due her from the National gov
.-~ufut under the dir q tax refUnding
sr -assod in the last Congress, 10 will
r-- b. Senator Faulkner's fault. One
-f-ps 6rst measures offered In the Sen
10. when it r6assembled last month was
-fssr- resolution by Senator Faulkner
a-ssrigg Oh Secretary Of the Treasury
y, nav the money due West Virginia
.-fsr the direct TAX refund, TO the Gov
.-rr- gt the State.
Tie resolution was referred 20 the
---wfttes on Claims and the Senator
rs-er the preparation OF a report in
f.rrr.r itt1 Ue submitted TO the commit
rss Tla lmmittee was resdy % hear
,sa report Yesterday and th, Senator
4-rp most # the igbt before cOmplet-
.-r t,s-ev.cw Of the Jaw sld the facts
In the case. ~ the hearing, yesterday,
senator Faulkner made his argument
.-F r. was a strong and complete one.
r srssasly became apparent that the
-suhars Of the committee regarded il
convincing s-d conclusive.
A.tE. end OF the hearing the com
-f--.a uuaulmOIS.v directed Senator
r,rrsner 70 report the resolution IA
rrrsh-v 20 the Senate, This was great
victory for the Senator, H. view of the
far mat the cOmmi,Je is Republican
and that it's action is In direct oppOsl-
ZION 20 the ruling OF the Secretary OF
.5s Treasury and the opinion Of the
Attorney General. But the members Of
,ralrwuirtee mad 20 admit the force
and IoCic Of the Senator's argument aud
decide with him in favor Jf Ine justice
% West Nirginia's claim.
The senator discussed fully the right
-f-ae government 70 withhold the fund
ana claim based on the government $
.r-arshiU OF certain bonds issued by
-7s state OF Virginia and purchased by
.ls government, prior 20 the division Of
-ls state. In dealing with the subject
N his report, be entirely eliminated
from consideration the question as to
-5s.he- there was any Indebtedness
rv Was; Virginia 20 Virginia, claiming
,..- this is question 70 be set
Ted between the two sovereign
s-a-as themselves, and which neither
.fe Treasury Department nor Congress
has any method by which il can be as
-sr,alped, that even should ii appear, up
IN = settlement between the TWO States,
Ina, there was liability on the part OF
Wa,t Virginia for any amount what
ever. thai the amount would be pay
able. bv the terms Of settlement be-
tween the two States, aud under the
sa7s-itutiop of Virginia, which was ap-
proved by Congress in restoring that
>.a.s 70 her rights as member OF the
Federal Union, not to the creditors OF
The State OF Virginia but into the Treas
ury of that State.
His report further holds that, under
The principles Of international law gov
s-r.rg the division OF q sovereign State
and the creation Of two soyereigntles
r-t OF It's territory, no labillty Tor IN
Lsbteduess created prior 70 the Sep2ra-
ton could be made by a creditor against
the state when, by the terms OF the sep
s-stion and the provisions OF the con-
sr..rrors OF tho TWO States, % special
sr-7amaDt has been entered into be-
tween them which prevented West VIZ
g.-rr from entering into any direct ne
gg.,a,fon with the creditors, leaving the
question OF her liability TO be settled
with the state OF Virginia alone.
The report further holds, that oy ltS
s77r9yar of the ordinance OF separation
and the constitutions OF the two states
the United States is eStopped from
uea.ug any demand upon west virgin
"a for the payment Of any part OF the
original debt, CangreSs having ap-
proved the agreement between the Two
States by the admission Of Virginia 70
70, rights asa State under its constltu-
ti51 OF 1869. which required the pay
uant 20 be made TO Virginia.
And further. that the case does not
come within the influence OF sec1'oh
34Sr of the revised statutes, rs heid oy
the Secretary OF the Treasury end the
Attorney General, end that consequent
II The right OF set of did not exist OF
rass0u Of that statute, against t9e ue-
lard OF the State OF West virginia.
The report further meets the SuSseS,
Ton of both departments a 20 the 'eEsl
right Of the Court OF Claims TO pass
u10n the question involved, holding
THAI 10 would be impossible 70 ascertain
whether there was any liability upon
The part OF the State OF West Virginia
t5,hs State OF Virginia under the terms
OF settlement between the two states
vtb51t T. lking the State Of virginia a
1arJy 10 the litigation, and that no
forum had Jurisdiction in contest pc
tween two sovereign States except the
supreme Court Of the United states
t1d that. as a consequence, neither tue
Department. nor Congress ccuia EelSr sl,
such a question 70 an inferior 1Ouu1.' yll'
The unanimous report OF the Coin-
u.ttge on Claims is almost eQu'NaleLV
% the passage Of the resolution tnroug Il !!
the Senate. This committee IS one Oh
'se a5lest in the Senate, and when IN
llIm1us, its conclusions are geneEa''5