The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-28
OBJECTIONS TO VIRGINIA DEBT
SUIT SET FoRTH-To HOLD
HEARING MARcf III.

n 2
behalf OF West Virginia by Hon. John
G. Carlisle. former Secretary Of the
Treasury who is one of the counsel
by that State. The court to.
day also rs-assigned the case for ar.
gument On March ii next, 1t was the
original intention to have these argu-
ments On March 4, but postponement
was agieed upon. Virginia is repre-.
scented by Major Holmes Conrad and
Attorney General William A. Amber.
son. West Virginia is represented by
W. Mollahan, George W. Mcclintic, c.
w. May and Charles q. Hogg. in add.
ton to Mr.. Carlisle. Virginia was grant
ed leave by the Supreme Court to file
February 20, 1906. On octo.
bar 0 last, when the process was re-
West Virginia was allowed
to file demurrer.
West virsinla's Demurrer.
The amended demurrer which the
Supreme Court permitted tho attor.
neys to file to-day on behalf of West
is as follows:
''The defendant, the State of West
Virginia. by William NJ. o. Dawson,
governor, and Clarke w. May. attorney
general. of said State. not confessing
or acknowledging all or any OF the
matters and things in the said com
plainant's bill to be true in manner
and form as the same are set forth
and alleged, or in any way or manner.
presents this amended demurrer there
to, and for cause Of demurrer shows:
"First-That it appears by said bill
that there is misjoinder OF parties
plaintiff and misioinder Of causes
OF action. The said bill Is brought by
the Commonwealth of Virginia to re.
cover debts alleged to be due to her
in her own right from the defendant
for property and money alleged to
have been transferred and .deliverd to
the defendant under certain acts of
the Legislature passed in 1885, and al.
SO, as trustee for the owners of Ger.
tain certificates mentioned and describ.
ed in said bill to have an accounting
10 ascertain and declare the amount
claimed to be due from the defendant
as her just proportion OF the public
debt Of the plaintiff prior to the 1st
day OF January. 1861.
Jurisdiction is Denied.
"Second-That this court has no iur.
isdiction Of either the parties to or
the subject-matter of this action, be.
cause Il appears by the said bill that
the matter therein set forth does not
constitute, with the meaning OF the
Constitution of the United States, such
a controversy or such controversies
between the Commonwealth Of Virgin
ia and the State of West Virginia as
can be heard and determined in this
court, aud this court has no power to
render o: enforce any final judgment
or decree thereon.
"Thlrd-That It appears by said bill
that the plaintiff herein sues as trus.
tee for the benefit Of number of in.
dividusls, who are alleged owners of
certain certificates in the said bill set
forth and described.
.Fourth-That the said bill does not
state facts SUFFICIENT TO entitle the Com.
monweaIth of Virginia to the relief
prayed for or to any relief, either in
her owa right or as trustee for the
owners Of the certificate therln set
forth and described
Private Parties Interested.
"Fifth-That 1t does not appear by
said bill that the attorney general has
ever been authorized to institute and
prosecute this suit in the name of the
Commonwealth of Virginia in her own
right, but only as trustee for the use
and benefit of the owners OF certain
certificate mentioned in the act Of
March G, 1900, which is referred to and
made part of said bill.
"sixth'-That the said bill does not
sufficiently and definitely set forth the
claims and demands relied upon. and
the allegations thereof are SO indef.
mite and uncertain that no proper an
swer can be made thereto.
"seyenth-That the allegations in
the said bill are not sufficient to en-
title the plaintiff therein, either in her
own righE or us trustee, to an account
or to discovery from the defendant.
"Eigath--That the said bill does not
contain, any prayer for Judgment or
decree or any other final relief against
this defendant.
Wherefore. and for divers other
good causes of demurrer in the said
bill, this defendant demurs thereto and
humbly demands the Judgment of this
court whether she will be compelled
to make an yfurther or other answer
to the said bill, and prays to be hence
dismissed with her costs and charges
in the matter most wrongfully sus.
tanned"