Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-11-26
WILEY ON DEBT CASE
Gives . Striking Parable in Current
Number Of the Bar-The Hold
ar 49,
ers Of Bonds.

Tue hampshire Review. edised bs
John j. Cornwel says editorialiy:
While we have been unsparing in
our criticism of the handling Of the
socaled Virginia Debe Matter hy on,
state officials, up to the time OF the
institution of the SUIT by Virginia
against this state, we have no as
sayed a criticism Of the n
ment of the case itself. feeling that
such criticism would perhaps. be
regarded as an w~rasarranted assump-
ton of superior legal knowledge.
However, Professor w. p. Wiley OF
the university law school. IN the last
issue Of the Bar. the organ of the
West Virginia Bar Association. has
attacked the handling of the case
most vigorously. Notwithstanding
Dean Hoggs of the law school. Is one
of the attorneys representing this
state VIZ reproduce his article be
low and it is so ~pungently put that
even a layman will understand and
appreciate his point.
I'VE believe it is up to the Iegbs-
lature which win have in 1t some
eminent lawyers, to appoint a com
mittee to sift this matter to the
bottom and g il there can no yet be
some proper and effective defense
made to this suit which will save our
people from having to pay a sum of
anywhere from $4,000. 600 TO s15..
000, 600. which it seems likely win be
decreed against us by the United
States supreme court.
Another thing; The people are
entitled TO know who the West vir.
g~inians are Prof. Wiley refers 10.
as holding these certificates, and
they are further entitled to krow the
men in this state who have been in
the employ of the certificate holders
and who have aided and abetted in
this proceeding to wiring millions
from the pockets of the people.
Some of these are good lawyers
some are Democrats, but the people
are entitled to know all about II in
order that they may not, now that
the state is Democratic. be plaeed in
positions of great trust and respon-
sibility. 1t may become necessary to
ask plain questions and make some
p ain statements in these matters but
no good citizen should refrain from
doing it. Here is what Professor
Wiley says
"John Jones and John Brown have
been doing business together and
they separate.
Jones alleges that Brown owes
him ten million dollars. Brown Of
fers to go into a statement but
Brown declines.
Thereupon Jones issces ten mi
lions of negotiable promissory notes
In Browns name, without his author.
ity, without his concurrence, direct
or indirect. and even without his
knowledge; puts them on the mar
ket and pockets the proceeds.
PAY day came around for these
promissory notes. and the holders
demand payment of Brown who re-
pudiates them. saying they are not
his. Then the several hundred hold
ers of these Brown notes get together
and place them in the hands OF Jones
who agrees for a consideration, to
institute suit against Brown for their
collection.
VIII any lawyer say that a case
founded on such a basis and seeking
recovery for the holders Of these
spurious notes issued by the Plain
tiff should have any standing in
law?
Yet this is the case Of he state OF
Virginia against West Virginia now
pending in the United States SUI
preme court.
Covered up as adroitly as 1t may
be the bottom fact is that the spur
ious certificate or due bills issued
by Virginia in the name of West Vir-
ginia are the basis of that suit.
"The holders of these certificates
are the real plaintiffs i'm that case
and they will be the real benefic'ar-
les II a judgement is rendered against
West Virginia.
There are hundreds of citizsns of
West Virginia who are he ders OF
these certificates (the records show
it) who are contr. buting to the costs
of that suit who are Numbered among
the real plaintiffs and the prospective
~beneiciaries, and seeking to make
their state liable for a debt she
contracted, and does not owe on any
pr nciple of law and equity.
But on a plain. square issue. If the
curtain were lifted and the real
plaintiffs disclosed, and the real ba-
sis Of their claim recited in the plead
ings would such a claim have any
standing in any court of Jaw OF
equity in this land?