The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-13
Attorney General Renders Ac-
count Of His Work During
Past Year.
tIReINIA's INTEREST TO SUE
Case Against West Virginia
Will Be Pressed to Head Off
Another Suit.

report Is u poohlet VI SlStS-SeNelt pFluteo
pages, containing a resume OF the cases
which were disposed of during the past
year or which are still pending in tho
courts. The opinions OF the Attorney
public Importance are cited Mt length,
and il Is stated again that In addition to
these Official demands upon his time and
attention, numerous letters have been re-
ceived requesting decision upon many
different subJectG
Even IL the law authorized me to give
an opinion to citizens and to county, oity
and town officers says Major Anderson,
ut would be impossible for me to do 80.
Often the inquiries L receive relate wholly
to some matter of private right as to
which. of course, 1t would BIO improper
for me to advise. However, In addition
to the opinions given to the officers and
boards of whom the law makes me the
legal adviser. It has given me pleasure
whenever could possibly spare the
necessary time and attention. to advise
numerous other officials and citizens upon
subjects which could with propriety oon-
sider."
Considerable space is given to the ac-
ton taken under the resolutions OF the
General Assembly concerning the detail
cations of william r. Smith. first clerk
In the Auditor OF Public Accounts, and
the enbezzlement of Joseph H. Shepherd,
q clerk in the same Office.
West Virginia Debt.
With reference to the matter of the
West Virginia debt, the report says in
part:
Unless suit shall be speedily brought
by Virginia to have the amount of West
Virginias just liability ascertained and
determined by the United States Supreme
Court Che only tribunal having juris-
diction OF such a question:. the s12.000,0O0
or more OF said certificates now deposited
under the control OF the commission will
have to be surrendered to the committee
which represents those ortiticates. The
entire arrangement and contract under
which, with infinite trouble, this great
number OF certificates have been de-
posted will go to pieces and the
certificates be delivered up to their origi-
nal owners and be scattered throughout
the civilized world 1t will b thr-m1ped
the civilized world. 1t will be thereafter
impracttcahe. IL not impossible, ever to
have them again coralled and deposited
in the hands of committee authorized
TO act and contract for their owners. for
an adjustment which cannot hurt, and
may greatly benefit Virginia.
''In addition to these considerations,
which point to the duty of prompt and
vigorous action in order to protect the
interests of the State and secure a de-
finite settlement with West Virginia, the
commission and the undersigned were
apprised OF the fact that the great State
OF New York. following the vicious ex-
ample OF South Dakota. had passed an
act making 1t the duty of the attorney
general of that State to bring suit in tho
United States Supreme Court upon any
obligations of any State which might be
given in New York.
we We're also Informed that holders of
large amounts of the Virginia deferred
certificates proposed to donate a portion
of their holdings to New York Gas was
done in respect to certain repudiated
bonds Of North Carolina in the South
Dakota case) for the purpose of having
an adjudication against Virginia and
West Virginia of the liability OF those
States in the promises.
1T will be observed that O decree ad-
Indicating the liability OF Virginia and
West Virginia, respectively, In respect
represented by said certificates will ne,
cessarily determine the liability of each
of these States in respect to all OF the
bends of tho same character.
To Virginia's Interest.
1T will be manlfestly to the interest
OF Virginia, and not to the prejudice
of West Virginia. to have the question
of the nature and extent of West Vir-
ginia's liability determined in suit
brought under contract by which vir-
ginia is to be released and exonerated
from any farther claim or liability, rath-
er than, by falling to avail of an OPP
portunity so favorable. run the risk OF
litigation In which large claim may be
asserted against this Commonwealth
THE creditors who have deposited their
certificates, by the contract they or their
Representatives are willing to make, are
willing to concede that Virginia has al
| ready paid ana assumed as much on
| account of the debt Of the old State as
| she should be expected or required to pay.
She has already actually paid, or novated
| and assumed, the enormous sum OF over
| $73.0C0n00 on account of the common debt
| of the two States, and the great mass
! of the certificate holders evidently think
| she has done enough.
| AT any rate they agree that. IL Yir-
ginia will, at their cost. institute and
| prosecute to Judgment and decree suit
| against West Virginia for a settlement,
| they will release Virginia entirely from
liability on account OF the unfundod third
of the ante-belum debt
''Of course only those certificate hold
ers who have deposited their certificates
| wit hthe Virginia Debt Commission UNI
| der such o. contract OF indemnity to Vir-
| ginia will be bound by tho stipulations
| for her release.
"This consideration has induced me to
insist that no suit should DO brought I'M
til the great mass OF the certificates OF
1871. the only ones ns TO which there
liz or can be any question ns to Virginia q
absolute release. Hhall havo been de-
4 posted undcr such contract
1.-THE undersigned is exceedingly reluct-
ant, for obvious reasons, to sanction a
suit by Virginia against West Virginia
and would not do SO IL there was any
hone Of settlement of tho yexed cues.