The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-03-13

dfction Of the court In suit for an
adjustment of the accounts OF the two
states.
Anderson Next.
Attorney General Anderson went In.
to the history Of the case briefly. de.
cfaring that the Indebtedness would
never have been incurred except for
the territory now constituting the
state Of West Virginia. He said that
the most equitable way. OF settling the
Indebtedness would have been for each
state to have taxed its assessabfe
property such per cent until the
debt was paid, or else the debt SHOULD
have been divided according to prop.
erty of the states as of June 1863. He
characterized the Wheeling convention
as revolutionary, to which Justice
Harlan made the comment that there
were revolutionary proceedings all
around about that time.
He said that West Virginia owed
Virginia several million dollars for
bank stock and other properties tarned
over to her In 1868. He then showed
that this proceeding was one proceed
ing and that every matter set forth
therein had to be taken together in
the adjustment of the suit, and that 1t
could not be wiped out on a plea Of
multifarioasness. Here he neatly
turned a trick on Judge Hogg, who
has made the point, by reading from
a law book written by the Judge in
which he laid down what he said was
the universal rule of the court. and
to which the objection could not be
sustained.
He said that this suit was not at
all prejudicial to West Virginia, and
that the fact that the salt would alb
solve Virginia from all further obi.
CATION under the bonds made It as
important as II they were actually
paid. He called attention to the fact
that the West Virginia constitution
now in force has rapudiated the OBJ.
legation the people of West Virginia
had undertaken to pay her share OF
the old debt.
Ex.seereatry Carlisle.
said the compact between Virginia
and West Virginia was valid and had
been recognized by every branch Of
the federal government. He argued
that the court could not take juris-
diction. because It would interfere
with the autonomy of state il 1t at.
tempted to dictate to legislature
that 1t should provide for the payment
of certain money.
AT this point Justice Harlan remark.
ed that the state OF Virginia seemed
to be simply holding the bonds in
trust. Mr.. Carlisle declared they had
been cancelled. while Conrad main.
tanned that they were not. Mr.. Car
Isle said that the Virginia commits
sion was still bound by the act of 1904,
which Attorney General Anderson de.
MED.
Chief Justice Fuller here asked IL
the West Virginia legislature he'd ever
made an effort to settle, to which It
was replied that 1t had disclaimed
owing any part of the Indebtedness.
He held the compact between the
restored state of Virginia and West
Virginia was binding.
JUSTICE HOLMES REMARKED
THAT IT MIGHT BE THAT COM.
PACT MIGHT NOT BE BINDING.
TO THIS MR.. CARLISLE REPLIED
THAT IF IT WAS NOT, THEN WEST
VIRGINIA IS NOT IN THE UNION.
Judge Holmes inquired IL 1t were
not true that the legislature of West
Virginia had repeatedly denied IfabfI-
ity. and this was admitted.
Justice White wanted to know II I'll
were not true that the supreme court
had been created for the purpose of
adjudicating all differences between
states in return for their surrender as 4
sovereign states, Of the right to make
war upon one another and he wanted
to know what right was to be given
the fact that West Virginia had re-
fused all along to settle. And he'll
wanted to know whether West writ
ginia ever intended to settle. which
was also answered by Mr cariisiel
that he was not In a position to an.
swer the question
Justice Harlan upt some questions