Daily press. [volume] (Newport News, Va.) 1896-current, 1907-05-28
Jailed States Supreme Court Over.
rules West VlrgIRia's Motion
for Demurrer ii Debt Case.
OLD DOMINION IS N THE RIGHT
White Chief Justice Fuller Who oave
Decision Docs Not say It, He infcrs
THAT West Virginia Has~Not Lived
up to Contract Made by the Losls,
failure.
am Associntod prnsal

WASHINGTON. ID. c., May 81
The Supreme Court of the United
States today ovcrrulcd tho demurrer
of the State of West Virginia in The
original proceedings against that
State by the State of Virginia IN which
the lattor State seeks to compel the
former TO assume n portion Of their
debtcdness contracted by Virginia he
fore the creation of West Virginia.
The order was announced by Chief
Justice Fuller. who said tlnt there
could be no doubt of tho Jurisdiction
OF the Supreme Court In the case.
While Chief Justice Fullcr's opinion
dealt necessarily with the question
presented by tho demurrer he dealt
somewhat with the merits of tho case,
| After asserting the jurisdiction of the
court he took up the question OF the
amount involved. saying: when this
| court has asccrtaincd and ndjudgcd
tho. proportion of tho debt of the urlgi.
nal State which 1t would be equitable
for West Virginia to pay. ii,is nUtlts
| DO presumed on 1Gi,,;;.fcr that West
| YirgInlaNwo,llfTc TO carry out tho
doarce of this court If such repmdla
4'ianS should be absolutely asserted wo
| Will then consider by what means tho
decree may be enforced.
at Is, however, further insisted tint
this court cannot proceed to Judgment
because CT an alleged compact enter.
ed Into between Virginia and West
Virginia with the consent OF Congress
by which the question of the liability
of Virginia to West Virginia was sub
mitted to the arhitramcnt and award
of legislature of West Virginia ms the
sole tribunal which could pass uuon
VI. The constitution of Wost Virginia
when admitted into the union con.
tanned the provision: AN equitable
proportion OF the public debt Of tho
/, commonwealth Of Virginia prior to thu
last day of January. one thousand
eight hundred and siyty-onc. shall lr
assumed bv this State, and the lseis-
latnre shall ascertain the same as
soon rs may DO practicable and pro.
vide for the liquidation of the same
by sinking fund and redeem the
principal within thirty four years
Rather Scores West Virginia.
Reading the Virginia ordinance and
the West Virginia constitutional pro.
vision 1t 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 liquidation of the
amount so ascertained.. And 1t may
he we'll inquired why in the So years
that have elapsed since the alleged
compact was entered into West Vir.
ginia has never indicated that she
stood upon such compact and II so
why no steps had ever been taken by
West Virginia to enter upon the per-
formance of the duty which such
compact imposed, and to notify vir.
ginia that she WAS ready and willing
to discharge such duty"
The decision says: at is also urged
that Virginia had no interest in the
subject matter of the controversy be.
cause she had been released from all
liability on account of the public debt
of the old commonwealth evidenced
by her bonds outstanding OH the first
day of January. 1861"
Eve do not care" adds the court.
ito take UP and discuss this legisla-
ton. We are satisfied that as we have