The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-03-21
TIE real. QUESTION IN THE DEBT

but 1t is true.
TIE; REAL QUESTION IN THE HE DEBT
CASE.
Mr.. I.ittlcheld filed his report on the
debt case several days ago, but nc
declined to say what the report meant.
Nobody else knows, and NOBODY else
is able to make heads or tails out OF
THE long document. The Special Mas
tor answered all the questions no was
told to answer by the court, and he
collected all the figures lie was IN
structed to collect: but what his an
swers mean and what his figures de-
eide cannot be determined until the
Virginia attorneys in the case get to-
Ecther In Washington and go through
the 200 pages OF the report in the light
OF their acquaintance with the plea OF
this state.
| Reports from Washington bring the
i Vague information that Mr.. Littlcfield
Z gives Virginia the best Of the dispute
!. and headlines in West Virginia news.
/; papers tell us that West Virginia may
4 have to pay up Many disputed debts
nobody knows what debts or what
i kind OF debts-are charged against
West Virginia
(! All OF this promises well for Vir-
GINA. II the report is as favorable as
the uninitiatcd think it is. Virginia
will win the case. OF course. there are
many yards of red tape still to be
wound. and many exceptions to be
filed. but these are, small compared
with the total mass OF argument and
procedure. Within six months, we arc
told the certfncate-holders will know
what the Supreme Court thinks Of
their case and what they have in the
way OF a: claim against West Virginia.
When this Is all settled, the real
puzzle must be solved. The court must
decide how. the certificate holders are
TO get their money. or whether they
are to get 1t at ALL West Virginia
may be indebted to the long deferred
creditors but can West Virginia be
made to pay, unless 1t so desire? This
is the real issue.
On It's face, of course. the question
is a very simple one. If.the court has
the right to hear the case, then the
court logically has the right TO decide
the case, and the right to enforce It's
verdict. Yet this logic does not work
II a !
il every case. BY one of those curious
freaks OF law. 1t sometimes happens
that a court has the right, under the
not the power, under statute law, to
enforce It's ruling.
The old fugitive slave cases illus
trated this collapse OF the courts. The
Constitution authorized the Federal
Government TO pass laws for the re-
turn OF runaway negroes Congress
did it, and vested In the Federal courts
the right TO hear all cases dealing
with the return OF the negroes who
might be caught in the North. Yet,
when the matter was tested In Penn
sylvania. the courts found that they
had no power to enforce the law of
Congress against the State authorities
of Pennsylvania.
This may prove to be the case when
judgment is to be executed or ought
to he executed against West Virginia.
The Supreme Court has original jurs-
diction In "a suit of q State against
a State" hut where will the court get|
its authority to execute Judgment
against q sovereign State? 1t has no
such, power under any known law or
Congress, and 1t has no right other
than that Of jurisdiction conferred by
the Constitution. -
The lawyers in The case have thus
lar avoided this question on the gen.
eral principle that they should not
cross tho bridge until they come to ii.
They are close to ii now, and 1t is
time they We're finding out how to get
across In the meantime, the certin-.
cate holders VIII have to wait in ma
Hence, relying on the Federal courts,
according to their wont, to build a
bridge where one&is shaky or else to
1ord Where 4 here lis no law.