The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-06-04
Complete Opinion
'scss.lsasa g P,ss rsTs.,

lcsa.lnasd On PACE Three
the liquidation OF the same 81 sink.
Ing fund and reasemmg the principal
whiting thIrty.tour years. And 1t Is
said that, on May 10, 1856, the lesis.
lature Of Virginia passed an act en-.
titled IAN act giving the consent Of
the Legislature Of Virginia To the
formation aud erection Of a new State
within the Jurisdiction Of this State.r
by which consent was given to the ere.
alton Of the proposed new State, "ac,
cording TO the boundaries aud under
the provisions set forth in the Const,.
tuition for the said State Of West Viz.
sinia, and the schedule thereto an.
nexed, proposed BY the convention
whica assembled at Wheeling on the
twenty.slxth day OF November, 1867"
and that by the act OF Congress the
consent Of that body was given to all
those provisions which thus became n
constitutional and legal compact be.
tween the two States. The act OF May
10, 1852, was not made a part OF the
case stated In the bill. and Its valid.
ty is denied by counsel for Virginia
but It Is unnecessary to go into that
for when Virginia, on August 20,
1861, By ordnance provided "for
the formation OF a new State out OF
the territory Of this State" and de
clared therein that "the new State
shall take upon Itself a just proper.
tlon OF the public debt Of the Com.
monwealth OF Virginia prior 10 the
first day OF January. 1862" TO be as.
as provided. II is to be sup.
posed that the new State had this in
mind when 1t framed It's own constltu.
ton, and that when that instrument
provided that Its legislature should
ascertain the same as soon as prac.
Iicable," It referred TO the method Of
ascertalning prescribed by the vir-
ginia convention. Reading the vr.I
ylnia ordinance and the West vir.l
sinia constitutional provision In parlI
materla, It follows that what was
by the expression that the "leC.
stature shan ascertain, was that the
legislature SHOULD ascertain as soon ms
practicable the result of the pursuit
the method prescribed, and prorid.
ID for the liquidation of the amount
10 agcer;aIncd. And /, NAV vel, be
INQUIRED why. in the forry.tbree wears
hat have elopsed since the ALLEGED
,onpart was entered into West vir.
,inla has never indicated that she
stood upon such n compac, and n
80, why no step has ever been taken
~ West Virginia to enter mon the
performance OF the dutv which s,,cb
imposed. and IN no,tfr vgr.
,in!a that she was ready and willing tn
discharge such duty.
1t Is also urged that yjrrini. had
no interest in the subject matter OF
The controversy because she had
been released from aII liability nm
account OF the public debt Of the did
Commonwealth. eyinced nv ber
bonds outstanding on the frs, day oil
January. 1861. This relates IN the
acts OF the General Assembly Of Viz.
,lnia Of March 30. 1871. March 2S.
1879. February IL. 1889, February %.
1892. March G, 1891. and March 6
1900. According to the bill. yir.
;inIa by the act of March 2, 1871.
ind subsequent acts. in an attemnt
10 provide for the funding and nay.
nent Of the pabIic debt. having esti.
mated that the liability of West yir.
,InIa was for one.thir5 of the amount
II the old bonds, provided for the
of new bonds 10 the amount
Of two.tbirds Of the total, and for
he issue Of certificates for the other
bird, which showed that Virginia
held the old bonds so far MS ~unfund.
ed In trust for the holders or their
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