The Birmingham age-herald., 1907-05-28
SUPREME COURT
 HAS JURISDICTION So Rules Justice Fuller in West
 Virginia Case HE DISCUSSES THE SUIT Refers to the Virginia Ordinance and West Virginia Constitutional Com
 pact for Payment of Old
 State Debt.
HE DISCUSSES THE SUIT

Washington, May 27.-The supreme court of the United States overruled the demurrer of the state of West Virginia in the original proceedings against that state by the state of Virginia in which the latter state seeks to compel the for mer to assume portion of the indebted ness 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 jurisdiction of the supreme court in the case.
 While Chief Justice Fuller dealt neces- sarily with the question presented by the demurrer, he dealt somewhat with the merits of the case. After 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 to be 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.
 Alleged Compact.
 "It is. however, further insisted that this court cannot proceed to judgment because of an alleged compact entered into between Virginia and West Virginia with the consent of Congress-by which the question of the liability of Virginia to West Virginia was submitted to the arbitrament and award of the legisla- ture of West Virginia as the sole tribunal which could pass upon it. The constitu- ton of West Virginia when admitted into the union contained the provision; An equitable proportion of the debt of the commonwealth of Virginia prior to the first day of January one thousand eight hundred and sixty-one, 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 sinking fund and re- deem the principal within thirty-four years.
 Virginia Ordinance.
 Reading the Virginia ordinance and the West Virginia constitutional provision, it followed that what was meant by the expression that the legislature shall as certain as soon as practicable the result of the pursuit of the method prescribed and provide for the liquidation of the amount so asceftained. And it may be well inquired why, in the forty-three l 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 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 with out prejudice to any question 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 $17OO0,00o. or one-third of the old debt of Virginia.