Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1907-05-30
WEST VIRGINIA
LOSES DEMURRER
OYerruled by Suprme Court Of U. S.
in Case Against Virginia.
THIS STATE TO RECEIVE SIT, 900, 900.
Opinion Says When Court Aseertains and
Adjudges West Virginia Should Pay, It's
Not Presumed Latter Would Refuse to
Carry out Decree.

Washington, May q. The supreme
court of the United States today over
ruled the demurrer of the state of West
Virginia in the original proceedings
against the state by the state of Vir-
ginia by which the latter state seeks
to compel the former state to assume a
portion of the indebtedness contracted
by Virginia before the creation of West
Virginia The order was announced bv
Chief Justice Fuller, who said that there
could be no doubt of the jurisdiction of
the supreme court in the case.
While Chief Justice Fuller's opinion
dealt necessarily with the question pre-
sented by the demurrer, he dealt some
what with the merits of the case. At
ter asserting the jurisdiction of the
court, he took up the question of the
amount involved, saying:
when this court has ascertained and
adjudged the proportion of the debt of
the original state which it would be
equitable for West Virginia to pay, it is
not presumed on demurrer that West
Virginia would refuse to carry out the
decree of this court. If such repudia-
tion should be absolutely asserted we
will then consider by what means the
decree may be enforced.
'.It is, however, further insisted that
this court cannot proceed to judgment
because of an alleged compact entered
into between Virginia and West Vir-
ginia, with the consent of congress, by
which the question of the liability of
Virginia to West Virginia was submit
ted to the arbitrament and award of the
legislature of West Virginia as the sole
tribunal which could pass upon it. The
constitution of West Virginia when ad-
mitted into the Union, contained the
provisions: AN equitable proportion of
the public debt of the Commonwealth of
Virginia prior to the first day of Janu-
airy, 1861, shall be assumed by this
state, and the legislature shall ascertain
the same as soon as may be practicable
and provide for the liquidation of the
same by a sinking fund and redeem the
principal within thirty-four years
Reading the Virginia ordinance and the
West Virginia constitutional provision,
it followed that what was meant by the
expression that the Legislature shall
ascertain was that the legislature
should ascertain as soon as practicable
the result of the pursuit of the method
prescribed, and provide for the liquida-
tion of the amount so ascertained. And
it may be well inquired why, in the for
ty-three years that have elapsed since
the alleged compact was entered into,
West Virginia has never indicated that
she stood upon such a compact, and, if
so, why no step has ever been taken by
West Virginia to enter upon the per-
formance of the duty which such com
pact imposed, and to notify Virginia
that she was ready and willing to dis
charge such duty" The decision says:
'1t is also urged that Virginia had no
interest in the subject matter of the
controversy because she had been re-
leased from all liability on account of
the public debt of the old common
wealth, evidenced by her bonds out
standing on the first day of January
1861"
1t quotes Virginia legislation, which
the court says resulted in the surrender
of most of the old bonds to Virginia,
satisfied as to two-thirds, and held as
security for the creditors as to one
third. g" We do not care," adds the
court, Ito take up and discuss this leg
islation. We are satisfied that as we
have jurisdiction, these questions ought
not to pass upon demurrer"
The chief justice then announced that
the demurrer be overruled, without
prejudice to any question:" and leave
was given to West Virginia to answer
by the first Monday of next term, Octo-
Der 18th next. The amount involved is
about ST, 100000, or one-third of the
old debt of Virginia.