The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1906-02-23

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Anderson, Attorneys General Of Nir-
GINA, and Major Holmes Conrad,
appeared this week in The Supreme
Court of the United States and ask
ed leave to file an original bill in
equity on behalf of the Stnte of
Virginia against the State Of West
The Supreme Court has
taken the matter under advisement.
They submitted to the court a
brief setting forth the case, and de-
that on January 1, 1861,
Virginia was indebted for about
$33 100000 on obligations and con-
tracts made in connection with the
of works of internal inn
proyement 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 a
large debt evidenced by her bonds
and ether 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, 46e,-
993 and the latter to $1,543,6 500 .05.
tbs pointed out that that portion
of the State embraced in what con-
stitutes the, present limits of Vir-
ginia was prior to that time devoted
to agriculture and to some extent
to 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 Ia
rlndeyeloped 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
averred that it was to hasten and ia
facilitate, the development Of these
sources Of wealth, by the construc-
'tionof 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 inn
provements 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
ritory to the west, but considerable
portion, at the expense Of several
million dollars, was builtwest of the
range, inwhat is now West Virginia.
1t is claimed that the completion OF
some fthe main lines Of improve
ment through to the Ohio river since
January /, 1861, has increased great
lv 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 not the lines
east of the range been first con-
structed.
The money appropriated to pay
the annually accruing 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
1s2Oy and the debt was from time to
time increased by renewals and new
loans until in 1851 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
State, now constituting West Vir-
ginia, and that it was with This view
that she took upon herself the bur
den of the public debt by which her
bonds were issued and without which
the improvements could not have
been undertaken. In corroboration
of this view are cited the legislative
records Of Virginia recording the
vote carrying the appropriations,
which, it is claimed, show that in
nearly every instance a majority of
those members Of the House and
Senate Of the original State who
then represented counties now COM
posing West Virginia voted for the