The Montgomery advertiser., 1907-05-28
MUST PAY VIRGINIA
CHIEF JUSTICE FULLER MAKES
IMPORTANT RULING.
West Virginia to Come Across with
Part of the Debt Contracted by
Mother State Before
Separation. ,

Washington, May 27.-The Supreme
Court of the United States today over
ruled the demurrer of the State OF
West Virginia in the original proceed
ings against that State by the state
of Virginia, in which the latter State
seeks to compel the former to assume
a portian of the Indebtedness con-
tracted by Virginia before the creaa-
tion of West Virginia. The order was
announced by 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 dealt nee
essarily with the question presented
by the demurrer. he dealt somewhat
with the merits of the case. After as
serting 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 1t would be
equitable for West Virginia to pay,
1t is not to be presumed on demurrer
that West Virginia would refuse to
carry out the decree of this court. If
such population should be absolutely
asserted, We will then consider by
what means the decree may be en-
forced.
TT 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 SUBJ
mitted to the arbitrament and award
of the Legislature of West Virginia as
the sole tribunal which could pass upon
1t. The constitution of West Virginia
when admitted into the Union con-
tanned the provision: An equitable
proportion of the debt of the common
wealth of Virginia prior to the first
day of January, one thousand eight
hundred and sixty-one. shall be as
sumed by this State, and the Legisla-
ture shall ascertain the same as soon
as may be practicable and provide for
the liquidation of the same by sink
ing fund and redeem the principal
within thirtyfour years"
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 Legisia-
ture should ascertain - soon as prac-
ticable the result of the pursuit of the
method prescribed and provide for the
liquidation of the amount so ascer-
tatned. And 1t may be well inquired
why. in the forty three years that have
elapsed since the alleged compact was
entered into, West Virginia 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 performance of the
duty which such compact imposed, and
to notify Virginia that she was ready
and willing to discharge such duty"
The Chief Justice then announced
. that the demurrer would be overruled
without prejudice to any question I"
and leave was given to West Virginia
to answer by the first Monday of the
next term in October next. The total
amount involved is about SIT 900. 900,
or one-third of the old debt of vir-
ginia.