Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-09-25
YIRGLNIA.WEsT VIRGINIA DEBT.

As lawyers representing this Common
wealth aud West Vir'inis today will
argue before Special Master OhsrleS E
Little6eld, in New York, the intricate
legal questions touching she famous debt
litigation between these two states, it is
safe to assume that this colossal case Is
nov rapidly nearing its end.
Mr.. Little6eld, brisk, clear-headed
Maine, lawyer, who does everything by
the clock, is more then likely to push
things along with expedition, and unless
something quite unforeseen occurs. he
will send 10 bis report to the United
States Supreme Court by October. After
that 1t ought to require only q few
months to get the verdict of the coun-
try's highest court-s tribunal, prehsps,
vested with broader powers than any
other 10 the whole civilized world.
And yet, as broad as are the powers
vested by our fathers In the United
States Supreme Court, it Is by no means
certain that it has constitutional au-
lhority to enforce a judgment against
West Virginia. The august judges can
enter the necessary DEGREES, after all the
complicated story has been told, bnt 1t
remains to be seen whether they can en-
force them.
Lawyers have kneWn'for long time
that this singlar hiatus exists in our ma
tionsl Jurisprudence. Aud West Vir-
ginia knows it, too, though 1t would be
misleading to suggest that she has ever
intimsted that at the LAST moment she
would set the court at defiance.
When the case was argued on de-
mDrrer aud that demurrer, by the way,
was almost half the battle one Of the
attorneys from the Mountain state, in
The course of his argument, incidentally
asked how q decree against his state
could he enforced. One of the judges on
the he CD somewhat tactfully replied
that that bridge could be crossed when
the court got to it.
The lawyer 10 question did not iOtend
threat by his remark; indeed, West
Virginia, dilatory and syllable-carping
as she has been, has never intimsted
that she would whggle out of her obi
cations 10 that fashion.
1t is the general impression at the
Capitol here that II the case goes against
West Virginia, she will brsvely take her
medicine. This view, however, is not
without certain mental reservations
that is to say, 1t is believed that West
Virginia will "do the square thing" I'M
less the court hits her too hard. In other
words, II is thought thst she would en-
deavor to meet a judgment provided 1t
we're not more tnan IS, 900, 900 or $l0,-
600, 900, but that she would kick out Of
traces If the figure we're to go up to $780,
600, 900 or s25 10000
Nobody on earth can foretell how the
equitable eye of the United States Su-
preme Court will see this debt litiga-
ton. The figures OF Virginia and West
Virginia are millions of dollars apart,
even in cases where the expert account
ants have been working on the same
basis of information.
But the greatest point OF divergence
srisesin connection with the vast noun
lain Of accumulated interest. The Old
Dominion thinks her neighbor state
should pay interest on the principal,
while West Virginia most enPbaticalIy
fails TO agree on this point And so
there you are, With labyrinth Of tech
nicalities about you.
Although the organic law OF the
land seemingly lacks any word tina.
might help to enforce decree against
West Virginia, 1t appears to be the al
most universal opinion that disobedi-
ence or defiance of the courts mandate
would be little short of ansrachy In
this well organized government.
Such obdurscy would be without
parallel In times of pesce in this coun-
try But. after all, there's no use pass
ing sleepless nights rejecting on the
matter; as one OF The great men who
wear the ermine has said, the bridge
can be crossed when it Is reached
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