Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1906-05-16
OLD QUESTION or STATE DEBTS.
FIRST RAISED IN CIVIL WAR
TIMES, STILL SEEKING
SETTLEMENT.
Washington. u. e.. May i5-A cell

Washington. %. g, May i5-A cell
ebrated case OF peculiar historical
and legal interest has recently been
entered upon the docket OF the su-
preme court and will probably be
brought TO trial some time next win
ter. II is formally entered as the
case OF the state OF Virginia against
the state of West Virginia IL in
wolves many millions OF dollars
nominally about $4,000. .0OO-and
so many points OF fine constitu-
tional law that II will he closely fol
lowed by constitutional lawyers
throughout the country. The coun-
sci who have been engaged by both
parties are among the most promi-
nent of tho American bar. The histor-
ical Importance OF the case lies in
the ,act thrt IL is the last of the
cases of the debts OF the southern
states involving results OF the civil
war. and is the last cha ter In the so
called history OF the r"pudiaiion OF
state debts
The history oi the case is as fol
lows: Beginning with the year 1925
the state of VirP MA began an exten-
sive system OF internal improvements.
The d. nlopment OF her western ter
ritory, which is now West Virginia.
was tho object The Virginia states
men had snoWn for mlny years that
this terri ory contained great stores
OF natural wealth, but there had
been no definite asCcrtainmcnt of the
fact The realized that i'm the inter
est OF the people OF this socJion and,
to deG:cc. in tsc interest OF all
the people of the late, this section
should be developed and means OF
communication established between
IL and the seaboard. II was for This
purpose that Virginia assumed the
burden OF public debt. The dcvel-
opment of the system OF improvement
was progressive BY 1850 the debt
incurred on account OF II amounted
TO about $4,000, 900 and on January
!. 1861, the amount was about $30,-
600, 900. all OF which is claimed TO
have been expended in these inn
provements, which had for their pri-
mary object of development OF this
section of the state. These appear
To be facts about which there is lit
tie dispute save as TO the amounts ac-
tually expended within the borders
of the present states.
On April Il. 1861. the state OF
Virginia seeded from the Union.
Hut in the western part OF the states
those who were loyal TO the Union
were in the majority. The direct
result was the subsequent formation
of the new state OF West Virginia.
August 20. 1861, an ordinance was
adopted at convention held in
Wheeling, and prepared a constitu-
tion for West Virginia, OF which the
eighth section of the eighth article
provided as follows:
An equitable portion of the public
debt of tthe commonwealth Of Vir-
gina piror to the first day Of January.
1861, shall be assumed by this state,
and the legislature shall ascertain
the same as soon as practicable and
provide for the liquidation thereof
by sinking fund sufficient 10 pay
the accrued interest and redeem the
principal within 80 years.
In May. 1862. this constitution was
submitted 10 the people in the coun-
It's composing the new state. "nd was
adopted. ON December 81. 1863.
in pursuance OF the proclama ion of
the presidcr West Virginia tooE her
place in tho family Of states During
debate I'm Congress which pre- .1ed
the passc OF thr lc. creatiu ne
new state tho csc N w: lis as
to how the d. d. Nir.ni; from
whose soil tbc nc' state WIS 10 be
formed. wa. 10 be divided " was
answered trat the matter had been
cared FOR in the constitution. and
upon that assurance the matter was
dropped
After the close Of the war various
efforts were made BY the TWO states
to ascertain tho fair proportion Of
the old debt which each should
bear Hut for one reason or another
all these cEorj- failed although
there was frank admission ON West
virginia's part Of her liability for e
portion Of the debt IN 1894 Vir-
ginia appointed commission 10 ne
gotlatc with West Virginia In 1900
the powers Of the commission were
materially enlarged. and IL was au-
thorized TO conclude settlement
with West Virginia on 10 take such
action 10 that end as might be- ap-
proved by the attorney general TN
der this act the commission. acting
with the advice and consent OF the
attorney general, was empowered "a