Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-10-15
BONDHOLDERS
ARE DISAPPOINTED
And Are Eager to Obtain Judgment
Against West Virginia in the
Virginia Debe Suit.

Washington. D. c., October 1s.-The
hungry = adholders, eager to obtain a
judgr,oho gainst West Virginia in the
Virginia cebt suit and to divide the
spoils W! ch they hope win result
from the suit instituted in the name
of the ammonwealth of Virginia
were The only disappointed ones when
the supreme court of the United
States granted the motion of Attorney
General Conley, in behalf of the State
of West Virginia, that the hearing of
the case be continued till the existing
vacancies on the bench are filed.
Taken by surprise when the motion
made, they were unable to OBJ
ject, since they are not parties to the
suit, and while counsel for the Com
menwealth of Virginia was unwilling
to JON in the motion for postpone
ment, still they did nothing to prevent
it,stating that they preferred the court
to act without suggestion from them.
West Virginia, with millions of dol
lars at stake, very naturally wants the
case heard by full court and is in
mo haste about the case any way. With
a probability that some kind of YER
dict Will be rendered against the state
whatever the amount of the judgement
may be, West Virginia has no interest
in pushing the case forward any fas-
ter than its natural course. Virginia,
with practically no interest in the case
any way, does not care whether it IS
pushed along rapidly or not. But the
bondholders, hoping for a large YER
dict against West Virginia, and eager
to get their hands on the money, are
the ones most interested in Fastening
the hearig of the case.
Notice had been filed October 8 by
Attorney General Conley to the effect
that he would ask for a postponement
OF the ease but the counsel for the
bondholders were not aware Of 1T and
were entirely taken by surprise when
the motion was made. Evidently they
had wanted to get hold of some Christ
mas money through AN early hearing
of the case. But they were disap-
pointed They will not get it for
Christmas this year.
In his motion for a postponment of
the hearing, Attorney General Conley
asked thai the hearing be postponed
till it could be argued before and
heard by a full bench for the TO-
lowing reasons:
First, because of the controversy
herein is between two sovereign
states
Second, because most of the basic
questions involved herein are OF
great and far-reaching importance.
They involve all the measures and
acts resulting in the creation of the
state Of West Virginia. The matters
in controversy have been long pend
ing and have aroused deep interest
and created widely different convic-
tons between the citizens of the two
states. They have been the subject
OF legislation and public discussion TO
such a degree that the hearing and
determination of this cause before and
by all the justices of this honorable
court is in the highest sense proper
and desirable
Third, because in the present pos
ture of this suit all questions in re-
spect Of law and merits are still open
and stand for argument and judgment
except the question of the Jurisdiction
of this honorable court 10 hear and
determine the course, which has been
heretofore decided without prejudice
to any question
No date has been set for the hear
ing OF any of the other West Virginia
cases now on the docket of the SUI
preme court of appeals. Among the
more important are the cases lnvoly-
ing the two cent fare law. In one in
stance the Chesapeake & Ohio Rail-
way lost the case ad appealed it 20
similar case in which the Norfolk &
Western Railway is a party. These
cases will determine the right of the
Legislature to pass the law limiting
the passenger fare in the state 10 two
cents mile. These cases will Lot be
taken up for some time. They are far
along in the docket and will not be
reached probably till after the debt
case is argued. Attorney General
Conley expects to come to Washing
ton at the proper time and represent
the state in these cases, in which he
has no associate counsel.