The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-05-28
Oi'E|I.MIII.U||R||IIRERO ! ! OF
W|E's|Tl|1.v|'IR|!GlNlA i
W||!A!|;sIO|lVERRULED. n! As [. | I |
I4RDER ANNOUNCED sBY
| CHIEF EF3JUsTlcEEF FULLER

"aStliSJlON, MA sS.--The Su
peme coGrt Of the United States vi. @
terday oSetrnled the demurrer. !. 81 Sthe
State OF West Virginia In tho proceed.
ings against that State by the State Of
Virginia, In #hlck Tie later STATE
seeks to compel the former to- assume
a portion Of the Indebtedness eoatfaei.
ed By Virginia before the creation ot
West Virginia.
The order as announced by Chief
Justice Fuller. who said that there
could be, no doubt Of the TJurtsdicti3,
Of the Supreme Court.
While Justice Fullers opinion deals
necessarily with the question present:
ed BY the demurrer he dealt somewhat.
with the merits Of tho case.
After asserting the Jurisdiction Of
The court he took up the question IL
the amount involved, saying.
q
when this court has ascertaiaedi
and adiudged the proportion Of the.
debt, of the original State which Ii
would be equitable for West virginia
topay, It tisnot TO be presumed soa ID.
marfer that West Virginia would 4 1.
fuse to carry out the decree ot this
court. II such Reputation should be-
absolutely asserted, we Will then con-;
slider by what means The decree moyi
be enforced. z, 4
1t is, however, further insisted that
this court cannot proceed to judg.
ment because Of an alleged compact
entered into between Virginia and
West Virginia, with the consent lof,
Congress. by which the question 1.-THE
liability o. Virginia to West Virginia,
and award9o 9of; thesleglslaturez Of west
Virginia as the sole tribunal which
could pass upon #. The constitution
Of West Virginia, when admitted Into
the Union, contained the provision
An equitable proportion Of the public
debt OF the Commonwealth OF yir
sinla prior to the first day of Janr.3
nry, one thousand eight hundred and
' b 2 - ~
sixty-one, shall be assumed by this
State. and the legislature shall ascer
tain the same as soon as may be prss.
tlcable and provide for the lIgulda.
tlon Of the same by q sinking fund and
redeem the principal within thirty
four years
Why No Step?
"' Reading the Virginia ordl.
nance and the West ylrginia's con-
sdtuuonal provision 1t followed that
what was meant by the expression
that the Legislature shall ascertain
was that the legislature should ascer.
tain, as soon as possible, the resaltscfi
the pursuit OF the method prescrIb,
ed, and provide for the liquidation Of
the amount 50 ascertalned. And Il
may be well inquired why, In the fo,.
y.tlree years that have elapsed since
the alleged compact was entered Into
West Virginia has never Indicated that.
she stood upon such, and 8lf5 50, why!
no step has even been taken; by West
Virginia to enter upon the perform
ance OF the duty which such compact.
imposed, and to notify Virginia that
she was ready and willing to discharge
sucn duty"
The decision says: z
at Is also urged that Virginia had
no interest in the subject Of the CON,
troversy because she had been mn.
leased from all liability on account, %
the public debt Of the old common:
wealth evidenced BY her bonds out
standing on the first day Of Jalaafy.
1861" s'slf s8
It quotes Virginia Legislation; which
the court says. resulted Sl In tae sur.
render of most O: the oldsbonis 70 Wis
ginla, satisfied to Two thirds and held
as security for the creditors as To- one.
third.
"we do not care.r adds tie court.
+to take up and, discuss this legisla-
ton. We are satisfied that as .weihare
jurisdiction these questions ought not
be passed upon on demurrer.
The chief Justice then announced
that the demurrer would be oyerruisd
without prejudice 10 any question.
and leave was given 70 West Virginia
TO answer by the first Monda Of ness
term, October II, next
The total amount involved Is about
sl7ooO,ooO, or tnird Of the old
debt Of Virginia.
We Owe Virginia Nothing.
We owe Virginia not q cent; she
is in our debt
SO declared former Attorney Cen.
eral Alfred Caldwell last night when
Informed ot:the action Of tie saptera
Court q the United states In oyerril
ing West vtrsinfats demurrer In thsI
State debt litigation, in which Toe old
tesatlnp.d % Page Eight, 4