Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1907-04-12

tradicted. 1t is said that there Will be
fair crop of peaches of some varieties,
that the cherries and plums and pears
are but slightly damaged and that the
apples are not injured at all. The I'M
initiated is of course at loss to know
which is correct but nature will soon
solve the problem herself.
We have before us copy of the
brief submitted by counsel for Virginia
in the case o. the Commonwealth OF
Virginia VS.. West Virginia now pend
ing in the Supreme court ofthe United
States. In this brief the case is given
from the standpoint of Virginia and
we are forced to the admission that
the case is a stranger one than we had
thought and far more serious than the
citizens of West Virginia generally
think.
The beginning of our state was the
Wheeling ordinance passed by con-
vention of our people on Aug. 20, 1861.
that "the new state shall take upon it.
self just proportion of the debt OF Viz
ginia" and provided how that proper
ton should be ascertained. Virginia
claims that by this provision, as the
first act of the new state, she recog-
nized her liability and promised to
pay just proportion of the Virginia
debt. Accepting this as tpromise to
pay Virginia in 1858 passed an act con-
veying all the state property located
within the bounds of West Virginia to
the new state. Virginia claims that we
took the property and now should &C
count for it.
When the new state was admitted
the constitution provided:
"An equitable proportion OF the pub
lie debt of the commonwealth OF V1r-
ginia prior to the first day Janu-
airy, 1861, shall be assumed by the state,
and the legislature shall ascertain the
same as soon as may be practicable
and provide for the liquida ton thereof
by sinking fund sufficient to pay the
accruing interest and redeem the prin-
cipal within thirty-four years."
Virginia claims that this was bind
ing promise to pay an equitable pro-
portion of the Virginia debt.
Our present constitution enacted in
1872 makes no specific promise to pay
and makes no mention, specifically, of
the Virginia debt but it says that "no
debt shall be contracted by the state
except to meet casual deficits in the
revenue, to redeem ia previous liability
of the state" &C. The constitution also
provides:
"The power of taxation OF the legis-
lature shall extend to provisions for
the payment of the state debt and in
terest thereon etc.
Virginia claims that these two pro-
visions clearly recognizes our liability
and provides for means of meeting
the debt. She sets out that she has
time and again endeavored to settle
the matter in recent years with West
Virginia bnt that each time she has
met refusal to even negotiate.
The equitable proportion" fig
ured out at various time as anywhere
from three millions to twenty millions
which with forty-siN years interest
thereon would range now from eleven
millions to seventyfive millions.
At one time West Virginia could have
settled this debt for million dollars,
and perhaps less, but the statesmen who
have been making our laws have been
too busy playing politics. For years at
each recurring session pro forma res
olution has been unanimously passed
declaring that we did not owe any part
of the Virginia debt, as if that settled
the matter, when in fact it meant
nothing except small play at poll
tics.
The re cent legislature appropriated
$50 900 to contest the case and eminent
counsel, have been employed. The first
movement upon West Virginia part
was to demur to the bill and that de-
murer has been argued and submitted,
but eminent lawyers even Of our own
state think the demurrer will be over
| ruled and that we will be forced TO d
settlement. Virginia's brief is an able
exposition of her side of the ease and
shows that she is represented by pro-
found counsel, led by Maj. Holmes
Conrad, of Winchester.
We hope West Virginia will come
out of the ordeal without serious
harm with honor to herself but we can
not help deploring the stupidity of our
public men in staving off a settle
ment until we have been taken by the
ear and led the bar of justice.
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