The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-30

mittee and asked that Major Anderson
be retained. 1t was clear to the COM
| mittee that Judge Williams did not
desire to shirk the labor or respon-
sibility involved, but only that the
! interests OF the state should be prop
| erly protected. His Willingness thus
to relegate himself to the rear, where
a smaller man might have desired to
push himself to the front. is worthy
Of the highest commentator.
! virginia,s Interest.
| Very important interests Of Virginia
| are involved in this suit A consid-
| cradle part of the claim sued upon is
due TO Virginia in her own right on
account of obligations for which West
! Virginia is bound which Virginia has
paid in full. This claim amounts to
from about s1.o0o,o0o TO over $4,000
| 600, according to the basis upon which
a settlement with West Virginia may
be decreed.
| According to public law and to the
/! decisions OF our own highest court,
| both Virginia and W.st Virginia are
liable for the payment of the entire
public debt OF the Commonwealth ere.
ated before her Acknowledgement AS to
portions OF that debt Virginia has been
| entirely released, but as to some sl2,.
| 100000 OF II, represented by the de-
ifsrred certificates of 1871, the Supreme
Court of Appeals OF Virginia has de.
c!ded that she has not been released
This Is to be found In Higginbot ham's
Executor VS.. Commonwealth, 25 Graft,
e3I; Antoni VS.. Wright, 20 Graft,
s6t-5. and Gresnhow vs. vashon. 81
| Va. 343-a.
BY the contract with the repre-
sentatives of the creditors who, along
with Virginia. Will be entitled to the
bench, OF any recovery in this suit, IT
IS agreed that they Will accept any
such recovery or adjudication against
west virginia in full settlement, dis
charge and acquittance of all claims
against Virginia in the premises
This contingent liability, Including
! 900. 600. r'''-
"Exoneration from this liability !.
an exceedingly important feature o.
TINS litigation for Virginia.
Complexity OF Facts.
me suit In Its various phases is
as complex as 1t is important, covering
as 1t does the public acts, records. &C.
counts and transactions OF virginia
since 1922. the documentary and other
evidence. accounts. tabulated state-
ments and statutes which have to be
many thousand pages. The report or
the hearings before the special master
alone covers over 5000 typewrttten
| pages. To fairly comprehend tha
great number Of questions presented
| oy the record would require months
Of unremittlng study not only Of the
| record, and the evidence and docu-
ments and public acts which are
pars OF y. but also of acts. official
teports. accounts and documents which
are referred to IN 1t, or which throw
/ light upon the various questions to ha
! decided ~
up TO The present time this litiga-
tlon has been conducted without cost
/ to Virginia. In the nature Of things
1t has been very expensive.
West Virginia has already appro-
priated 100000 towards meeting these
costs. She has retained six or seven
special counsel. including Senators
! Carlisle and Spooner, two Of ths
/ ablest lawyers in America. What shs
pays her counsel has not been made
public, except that her last act on
the subject provides that Ex-Goyernor
lawson. one OF her counsel, shall re-
celVe $4,000 a year. The costs az.
!, mas and will incur in defending the
suit must considerably exceed 500, 900,
Inc same is true as to The costs In
outteu ~ prosecuting the suit, which,
unaer Inc contract, have been and
/; VIII be paid by the representatives
OF the depositipg creditors except as
70 such as may be incurred In pro-
vldlng special counsel for Virginia.
State Should Control.
THE interests OF Virginia in her
own right In the suit are peculiarly
such that she should be represented
BY counsel specially charged with tho
duty of looking after those interests.
Such counsel ought not to be placed
in the position Of having to look to
any source other than Virginia her.
| self for his compensation.
1.-THE matter is now In the hands Of
the Special Master, Hon. Charles u.
Littlefleld. and his report may come
In at any time. When 1t does come ia
the exceptions will have to be made
up within a limited period, and this
can only be attended to by counsel
thoroughly familiar with the case in
all of Its phases. This win be aeces.
sary to be looked after ma matter
! whether the report is favorable to Viz.
,ginia or otherwise, as II Is a case
where the Supreme Court has original
Jurisdiction, and It Is OF the utmost
Importance that the record be properly
made up. The case may not be finally
decided for two or three years, and
It Will certainly take up a vast amount
sHf ~ IL kfsr~An lrxk