The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-05-31
OF CHIEF JUSTICE
Involves Indebtedness of West
Virginia to Virginia
OF latter State Overruled.
If West Virginia Refuses I o Carry
Dat Decree Of Court Measures Will
be Taken TO Enforc. it-Total
Amount Involved Is About ST. ZOO.
BOO.

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 q por-
ton of the Indebtedness contracted by
Virginia before the creation Of West
Virginia. The order was announced
by Chief Justice Fuller who said that
there could be no doubt of the iuris-
diction of the supreme court in the
case.
While Chief Justice Fuller's opinion
dealt necessarily with the question
presented by the demurrer. he dealt
somewhat with the merits OF the case.
After asserting the jurisdiction of the
court he then 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 to be presumed on de
murrer that West Virginia would re-
fuse to carry out the decree of this
court. If such reputation should be
absolutely asserted We will then ON
slider 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-
by which a question of liability of Vir-
ginia to West Virginia was submitted to
the a~rbitrament and award of the leg
islature of West Virginia and the sole
tribunal which could pass upon 1t.
The constitution of West Virginia
when admitted into the union, contain
ed the provisions: AN equitable pro-
portion of the public debt of the COM
monwea1th of Virginia. prion to the
first day of January, 1851, shall be
assumed by this state and the legisla-
ture shall ascertain the same as soon
as may be practicable and provide for
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 leg
islature shall ascertain was that the
legislature should ascertain as soon as
practicable the result of the pursuit
of methods prescribed and provided for
liquidation of amounts ascertained. And
it may be inquired why in the forty
years that have elapsed the alleged
compact was entered into, West Viz
ginia has never indicated that she
stood upon such a compact, and, if so,
why no step has ever been taken Oy
West Virginia to enter upon the per-
Torrance of the duty which such 'cCn-
pact imposed, and to notify Virginia
that she was ready and willing to dis
charge such duty"
The decision says:
at is also urged that Virginia had
no interest in the subject matter in 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 surren-
der of most of the old bonds to Vir-
ginia. satisfied as TO two-thirds and
held as security for the creditors as to
one-third.
I'VE do not care adds the court
"to take up and discuss this
legislation We are satisfied that as
We have Jurisdiction these questions
ought not to be passed upon on de-
murrer."
The chief justice then announced
that the demurrer would be overruled
without prejudice to any question"
and leave was given to West Virginia
to answer by the first Monday of next
term, October 14th next. The total
amount involved is about ST. 900. 900.
or one-third OF the old debt of Vir-
ginia.