Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-13
CLAIM BY VIRGINIA
ALLEGED OBLIGATION By WEST
VIRGINIA TO SHARE DEBT.

Argument has ended in the Supreme
Court of the United States on the demur-
rer of the state of West Virginia to the bin
filed by the state Of Virginia in its effort
to compel West Virginia to assume part of
the debt contracted by Virginia before the
| state was divided. Attorney General Ander-
son of Virginia and Holmes Conrad appear
ed for Virginia, and Attorney General May
of West Virginia. John G. Carlisle, George
w. McClintock and Wesley Mollohan for
West Virginia.
This suit involves the original sum Of $780,
0OOO0O, being the debt contracted nearly a
hundred years ago by the state Of Virginia
for internal Improvements.
Virginia's Claim Stated.
The obligation of West Virginia to pay
part of the debt is cited in the brief
filed by Virginia's legal representatives, as
follows: "On June 20, 1863, West Virginia
| became a state, pursuant to an act of Con-
gress approved December 81, 1862. and in
accordance with a proclamation by Presi-
dent Lincoln. Prior to this, the common
wealth of Virginia had contracted an In
debtedness apprOximat ting $33,OOO,O 600, evil
denced by contracts of the undivided state.
| The debt had been created in constructing
system of public highways canals, turn
pixies, railways and other internal improve
| ments, begun in the first quarter of the
nineteenth century, designed to fully devel-
OPP the state and bring it's people in touch
with the markets Of the seacoast.
THE Indebtedness contracted received
the sanction of the people of the counties
subsequently constituting West Virginia
through their representatives In the gen
eral assembly Of the undivided state, and
a large portion of the debt would not nave
been contracted but for this sanction. Sew
eral millions of the Indebtedness were con-
tracted on account of improvements In the
territory now constituting West Virginia.
Virginia has actually paid off, retired
and discharged, so far as West Virginia is
concerned, including principal and interest,
over $1,0OO,OO on account OF this common
Indebtedness. Since January /. 1851, Vir-
ginia has actually paid of or retired obll-
cations Of the undivided state amounting,
in the aggregate, including interest, to a
sum in excess Of $2o.O0OOOO."
\ Courts Jurisdiction Denied.
West virg1nias demurrer recites eight
reasons why she should not be made to
assume any port of this debt. The demurrer
states:
That this court has no jurisdiction of
either the parties to OF the subject matter
of the action, because 1t appears by the bill
that the matters set forth do not consti-
tue, within the meaning of the Constitu-
ton of the United States, such contro-
versy . as can be heard and deter
mined by this court, and this court has no
power to render or enforce any final judg-
ment or decree. Further, that the bill does
not state facts sufficient to entitle the COM
monwealth of Virginia to the relief prayed
for. or to any relief, either in her own
right or as trustee for the owners of the
certificates set forth and described. That
the bill does not sufficiently and definitely
set forth the claims and demands relied
upon, but the allegations are SO indefinite
and uncertain that no proper answer can
be made
1t is also stated that after Virginia set
tied with her creditors q new constitution
was adopted which omitted any provision
for settlement with West Virginia, the
demurrer further alleging:
Tribunal Already Provided.
THE two states have, by compact be-
tween themselves, and with the consent of
Congress, designated tribunal to ascer-
tain and settle West Virginia's share of the
debt This tribunal still exists and is un-
questionably competent to discharge the
duties imposed upon it. And, moreover, but
most important of all, 1t is the only tri-
bunal existing or that can be established,
possessing the power to provide for the
payment Of West Virginias share of the
debt when the same has been ascertained
in accordance with the terms of the com.