Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-04-09
Littlefield's Report In
the Virginia Debt Case

heNleN.J
The report of Special Master Little
field in the suit OF Virginia against
West Virginia in the so-ealled debt
case, has been fled in the United
States Supreme Court. Mr.. Little
field was appointed to hear the evi-
dence and arguments and to report
to the court upon a number of points
the main ones being the amount ex-
pended by Virginia in the counties
comprising this state, he compare
tive area and amount of taxable prop
erty in each section and the basis up
on which to estimate the population
of the sections now comprising the
two states. In short, after the Su-
preme Court overruled the demurrer
of this state in the suit a decree OF
reference was entered referring the
case to Littlefeld. practically for no
other purpose than to report upon
what basis West virginia's portion OF
the debt should be figured.
The report appears to be made up
in alternative fashion and therefore
the amount. according to the Little
owes, would as well as we can figure,
twenty millions of dollars according
to the alternative proposition adopted.
That the Supreme Court viii accept
one or the other view put forward by
Littleield and enter a decree against
West Virginia for not less than ten
millions and perhaps as much as
twenty million dollars is as certain as
anything can be, from the expressions
Of their opinion in overriding the de-
murrer. So much for the status of
this important case.
The matter is the most startlingly
important this state and its citizens
have ever been called upon TO face.
The Wheeling I%ntelligencer, republi-
can state organ, in an admission that
our state faces a tremendous judg-
ment, fippantly suggests that a judg-
ment amounts to nothing unless We
care to pay it; that there is no way by
which its collection can be enforced
If that is the attitude of the republi-
can state administration why, we
inquire, has 500, 600 of the peoples
money been appropriated and expend-
ed making a bluff at a defence, en-
ploying attorneys and pensioning ex-
Governor Dawson with the comfort
eble salary of $4,000 a year? If the
state is willing to put itself in that at
titude we fear ii would avail nothing.
That position was unfortunately taken
by u counsel in filing and arguing
the demurrer and the Supreme Court
CURLY suggested it would cross that
bridge when ii came to it; that it had
always been able to enforce irs iudg-
ments; that il was not prepared to adj
nit its own Importance. So the idea
that we can fippantly ignore a judg-
ment Of the United States Supreme
Court or avail ourselves Of some myth
ical exemption statute is to our mind,
an Illusion. With our constitution
forbidding the contracting or Great
ing of a state debt: with the state
itself in need of many millions for the
rehabilitation and enlargement of our
public institutions, how to meet the
crisis the rendering of such a decree
against us would create is a problem
that the thoughtful business men of
thf state must take upon themselves,
TT ~ can not afford to leave this vital
mi tier 10 grafters. demagogues and
designing politicians.
The history Of this important case
is about as follows: When West vir.
ginia was severed from the Mother
Sts"e the latter owed a debt of some
$22. 600, 600, part of which Virginia
claimed was expended in building
rods. bridges, etc, in the counties
comprising West Virginia and, she.
therefore urged we should pay one
third OF ii. When she finally settled
with her bondholders she issued to
them Certificates" to the amou I Of
about 81 900 900 setting up this claim
against West Virginia. These certi-
fcates have been hawked about in
TIE markets. quoted at from two to
four cents on the dollar until the pres
ent suit was brought when they sud
denly advanced to about fifty cents.
Along in the early 70's this state APP
pointed 2 commission composed of
three prominent citizens to undertake
a settlement. Virginia was invited to
meet them but declined on the ground
that she had no interest in the mat
ter; tina. it was a question between
West Virginia and the certificate hold
ers. The commits e made an inves-
tigation and reported that this state
owed about $4,000 The certificate
holders would doubtless have gladly
settled on that basis then but the
finance committee of the state senate
took the matter mp and after work
ing it out as they claimed, along the
lines of the ordinance under which
the state was created and admitted
into the union and which was a prom
Use to pay an equitable proportion of
the Virginia debt, reported that, in
reality there was in equity due us
from Virginia about $4,000