The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-02-21


glnia, and Major Holmes Conrad,
appeared this week in the Supreme
Court Of the United States and ask
lcd leave % file an original bin in
lequity on behalf Of the State az
Virginia against the State &c West
Nirginia The Supreme Court has
taken the matter under adyisegnent.
Hhey submitted to the court a
lbrief setting forth the case, and de-
felaring that on January / I, 1861.
Virginia was indebted for about
S3s, 100000 on obligations and con-
tracts made in connection with the
construction Of works Of internal inn
lprovement throughout her territory.
which then included what is now the
State of West Virginia. BY far
The greater part Of this Indebtedness
was shown by her bonds and other
evidences Of debt given for the large
sums OF money which she borrowed
FOR the purpose, but a portion Of her
liabilities, though arising under con-
tracts made before that date, had not
then been covered by bonds for their
payment.
In addition to the above liability
TO the general public there was 4
large debt evidenced BY her bonds
and other liabilities held by and due
TO the commissioners of the sinking
fund and the literary fund Of the
State, as created under her laws,
amounting,-the former to 81, ,462.
1893 and the latter to $1,54S, ,669. .05.
1t is pointed out that that portion
of the State embraced in what con-
stitutes the present limits Of yir-
ginia was prior to that time devoted
TO agriculture and to some extent
Ito grazing and manufacturing, which
afford a chief source Of revenue.
while that portion included in what
is now West Virginia had vast poten-
tialities of wealth and revenue IN
undeveloped mineral and timber
stores which had been known for
many years, and their prospective
values if made accessible TO the mar
kets Of the country were understood
to be beyond computation. 1t is
|ayerred that it was TO hasten and TO
facilitate the development Of these
sources Of wealth, by the construc-
tion of graded roads, bridges, canals
and railways extending through the
State from tidewater toward the
Ohio river, that Virginia in the FIRST
quarter of the last century entered
upon a system Of public internal I'M
proyements which it was contem-
plated should include the entire ter
ritory of the State and embrace in
its design the construction Of public
works adapted, not to the needs of
any one portion Of the State. but to
the entire State as a unit Of interest.
The larger part Of these works
was built east Of the Appalachian
range and led to the undeyeloped ter
lritory to the west, but considerable
portion, at the expense Of several
million dollars, was built west of the
range, in what is now West Virginia.
! 1t is claimed that the completion OF
lsome Of the main lines Of improve
ment through TO the Ohio river since
January 1, 1861, has increased great.
" the value Of real estate, coal and
timber in West Virginia, thus car
rying into effect the original scheme
OF improvement, which could not
have been done had nrt-the lines
east Of the range been first con-
structed.
The money appropriated to pay
the annually aecruing interest on the
debt and to the formation Of the
sinking fund was derived from taxes
Imposed upon the property through
out the State. The first Of this IN
debtedness contracted was a small
amount borrowed by The State in
1920, and the debt was from time to
time increased BY renewals and now
loans until in 1861 it reached the
amount stated.
1t is claimed that Virginia was
induced to enter upon this general
system OF general improvement IN a
large measure to develop the re-
sources Of the, western portion Of the
Estate, now constituting West Eir-
lginia, and that it was with this view
That she took upon herself the bur
lden Of the public debt by which her
bonds were issued and without which
1.-THE Improvements could not have
Ibeen undertaken. In corrob9ration
lot this view are cited the legislative
lrecords Of Virginia recording the
lvote carrying the appropriations,
(which, it Is claimed, show that IN
lnearly every instance a majority 81
lfn0Se members of fhe HonSa anf