The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-28
COURT 0VERRULES
DEMURRER TO SUIT.
West Virginia 5 Effort to
Repudiate Debt to Vir-
ginia Fails.
TO HEAR CASE
ON ITS MERITS.
Amount Involved Is Seventeen
NJ Million j Dollars and Virginia
Given Right to- Prove Her
clairn-o by
Chief Justice !
Fuller.

p r3s K g :
WASHINGTON May 27.-The su.
day overruled the demurrer OF the
State of West Virginia in the original
proceedings against that State by. tile
state OF Virginia. In; which the latter
State seeks to compel the former to
assume n portion of the Indebtedness
contracted by Virginia before the crea- :
ston 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
4 in the case
While Chief Justice Fuller's opinion
dealt necessarily withsthe question pre-
scnted by the demurrer, he dealt eome 5
what with the merits OF the case:
After asserting the jurisdiction OF the
court he took up the question8oI the
amount involved, saying:
.'When this court has ascertained
and adjudged the proportion OF the
debt OF the original State; which VI 1t
would be equitable for tWestgVirginia "a
to pay, it Is not to be presumed on
demurrer that West Virginia would
refuse to carry out the decree or TINS
court II SUCH repudiationys should pc
absolutely asserted we will then coE-
slider by what means the decree may oe
enforced.
Quote. the Constitution.
otis, however, further insisted that
this court cannot proceed to Judgment
because OF an alleged compact enter
ed into between Virginia and West
Virginia, with the consent OF Con-.
Rress, by which the question of the la
!billty OF Virginia to West Virginia wa
submitted & to the arbitrament and
award OF the LIE islature Of West Wiz:
ainia as the sole tribunal which could
pass Upon It. The Constitution OF
West Virginia, when admitted into the
linton, contained thesprovisions:
q. n equitable proportion of the pu b :
lie debt Of the Commonwealth Of Fir-
ginia prior to the 1st day of January,
1851, shall be, assumed by this State.
and the Legislature shall ascertain the
came as soon as may be practicable
and provide for the liquidation OF the
same by a sinking fund and redeem
the principal within thirty-four years
Going Into the Record.
''Readlng the Virginia ordinance and
the West Virginia constitutional pro-
visions, 1t 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 the method prescribed and provide
for the liquidation Of the amount SO
ascertained
And it may be well inquired why,
In the forty-three years that have
elapsed since the alleged compact was
entered into. she has never indicated
that she stood upon such a compact
and. II so, why no step has ever been
taken by West Virginia to enter upon
the performance of the duty which such
compact imposed, and to notify Vir-
ginia that she was ready and willing to
discharge such duty"
The decision says further:
1T is also urged that Virginia had
no interest In the subject matter OF
the controversy. because she had been
released 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" -
Demurrer Overruled.
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 demur-
rer."
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 $17,00O,0O0,
or one-third Of the old debt of Vir-
ginia.
ARE GRATIFIED