The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-12-15
Precedent Esta blished.i

Y As is well known, an Individual cannot
sue State, but another State may sue
Ia sister Commonwealth. such suit to be
tried in the Supreme Court Of tho United
States. The action OF the court In the
South Dakota-North Carolina case 8 Is
held by many to warrant action by the
State OF Virginia VIZ. the State OF West
Virginia. and tile advisablity OF such
action IS. IN fact, just what 1t is under
stood the conference OF Yesterday was
engaged In considering. Ss
The proposition OF the Now York Hold.
ing Commltteo5is Is understood to be about
this: This holding committee to deposit
with the State Of Virginia its nine mill
lions OF certificate holdings with the un-5
derstanding that II the State OF Virginia
will enter suit against West Virginia
with view to fixing that States LA
( bility for It's share OF the old debt con-
tracted by the State OF Virginia prior
to the partition by which West Virginia
became n separate Commonwealth the
certificate holders will agree to grant to
the State Of Virginia immunity from any
Z further liability, whatever be the result
OF the interstate suit. 1t is the belief OF
both parties that II the Virginia COM
mjttee. acting for the State. accept this
proposition under the terms alleged to
have been agreed upon the holders OF the
two and n half millions OF debt ccrti-
y
Ing committee will then deposit these
also with the State. These with the two
and a half or three millions held by the
4 State In the sinking fund and in the llt-s
erary fund would make up practically
all of the fifteen millions OF Virginia
bonds apportioncd to the State OF West
Virginia in the settlement OF 1871, known
f as the funding bill. 93s 5
A member Of the committee last night
( cio hat mn Inn
by the conference. He did not concede
that such IN agree'hent by the bondhold-
ors would elaase Virginia from liability
In the event Of tho failure OF the suit.
Tho certificate hodrrs look to the State
oi Virginia for settlement. and Yir-
gIna appointed this commission to look
into tho matter. Virginia. ho said, never
= taen millions fixed as West Virginla's
share further than to get a settlement
f with West Virginia and TO account for
this one-third of Tho debt, subject to.
such settlement
May Enter the Agreement.
While there Is no official statement as
10 what Virginia viii do In the matter.
and indie d. thore can be none until de-
!. finite action is taken OH tho proposition
y ofthe holding committee. 1t is thought
by some that this State, relying upon
y the action OF tho Supreme Court In tho
4 South I0akota-North Carolina case and
upon tho reported agreement of the COR
7tlncate holders to release Virginia from
further liability will probably institute
proceedings against the State of West.
Virginia, That Is necessarily merely an
opinion, since no ono can forecast tho
4 commissions action In tho matter,
Those present at the conference We're
Mpssrs. Clarence Cary. John Crosby
Brown and w. g, I,e Gandre, all Of New.
York. representing the majority of the
certificate holders; Major Holmes Conrad
and Colon;l r.. r. Chew, their advisory
counsel; and Alessrs. John y Noon.
chairman; Henry 7. Wickham. Randolph
Harrison n. p, Flood, Fl. II, sD2wning
and Judge +, Thompson Brown, Hon..
4 William II, Rhea was the only absentee a