The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-20
STATE s CLAIM IN
SUPREME COURT
Attorney General Anderson Sub
mits Motion to File Complaint
Against West Virginia.
ADJUSTMENT OF ACCOUNTS
Six Millions May Come to Vir-
ginia in Her Own Right Ex-
Guiding Trusteeship.
tFrom Our Regular Correspondent

fFrom Our Regular Correspondent)
WASHINGTON, ID. c.. February 10
Attorney General Anderson. of Virginia,
flied an application on behalf of. the
Commonwealth in the Supreme Court to-
day. for leave to institute suit against
the State of West Virginia and to COM
pei the latter to come into court as a
party defendant. in an action to COM
pei her to pay the one-third of the debt
set aside as her portion of the indebted
ness of the Commonwealth of Virginia
before the Acknowledgement of Virginia
in 1861.
The application will probably be passed
on next Monday. when the decision of
the court will be announced. accom-
panied With the necessary orders to COM
pei West Virginia to become Il defen-
dant and prescribing the manner III
which testimony shall be taken. etc.
Major Holmes Conrad is associated with
Attorney-General Anderson in the case.
The style of the case as indicated by
the bill fled to-day is Commonwealth
of Virginia VS.. State of West Virginia"
The bill is directed ITO the Chief JUS
tice and Associate JUSTICES of the SUI
preme Court of the United Staes. and
recites that 1.-THE Commonwealth of Viz
ginia by William y. Anderson. her at
torney- general brings this, her bill,
against the State of West Virginia, and
shows to the court that:
Then follows thirteen pages reciting the
facts in the case, showing the ground
on which West Virginia is charged with
being indebted in the sum of S1S,221, l53.tD
to the Commonwealth of Virinia as trus-
tee, and then comes the specific action
asked of the court:
For Production of Facts.
.'Forasmuch. therefore, as your ora
trix (Virginia) is remediless save In this
form and forum, and to the end that
the State OF West Virginia may be duly
served through her Governor and Attor-
new-General, with q copy OF this DILL
your oratrix .prays that the said State
Of West Virginia may be MADE party
answer the same, that all proper accounts
may be taken to determine and ascertain
the balance due from the state of West
Virginia to your oratri&,-in her own right
and as trustee, as aforesaid; that the
principles upon which such accounting
Shall be had may be ascertained and de-
clared. and true and proper settlement
made of the matters and things above
decided and set forth; that such ac-
counting be had and settlement made
under the supervision and direction OF
this court by such auditor or master
as may by the court be. selected and
empowered to that end. and thi.. Sroper
and full reports of such accounting and
settlement may be made to this court;
required to produce before such auditor
Or master, so to be appointed. all such
official entries, documents, reports and
proceedings as may, he among her pub
lie records and official files, and may
tend to show the facts and the true and
ACTUAL state of accounts growing out
of tho tmatters and things above recitcd
and set forth, in order to a full and cor
rect settlement and adjustment of tile
accounts between the two States; that
this court will adjudicnte and determine
the amount due to your oratrix by the
State of West Virginia IN the premises,
and that all such other and further, and
general relief ba granted unto your or
atrix In the promises rs the nature of
her case may require or to equity may
seem meet.
And your oratrix will ever pray, etc.
.'WILLIAAI A. ANDERSON.
''HOLMES CONRAD
Decision May Be Remote.
Attorney General Anderson said he OK
pected the court to order West Virginia to
subpoanas on the Governor and Attorney
General Of that state, returnable In sixty
days, Probably ninety days will be given
them in which to answer, While 1t is
probable that n decision in the case will
not be reached for some times the delay
need not he so great as Is proverhial in
such causes In the Suprcme Court of tlle
United States.
While the greater portion or the total
to Virginia as trustee, to be devoted 10
redemption of the Nest Virginia certit-
Gates, several millions would be due her
In her own right because OF interest paid
on the bonds before the approval or tho
!, funding act of 1871, under. which the one
was taken off each bond, Tho total