The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-12
VIRGINIA PLANS
TO PRESENT CLAIM.
DR.. Fulton and Mr.. Eggleston
Explain Why State Has
Right to Intervene.

~ twelve million dollars VIII DC pald u
Virginia by the Federal government IL
the claim of tho Old Dominion for her
reserved interest In the proceeds or
land sold by the United States in the
Northwest Territory is prosecuted sue
cessfully. The whole matter was fully
explained and discussed last night be-
fore the House Committees on Federal
Relations and Courts OF Justice by DIR.
X. Il. Fulton, of the Miller School. who
has Investigated the claim at tho re-
the Department OF Public Instruction.
IL the claim is recognized and approved
by tho United States. all of the thir-
teen original States Will receive large
sums from the government, making a
total OF $S0o0oooO.
Thorough investigation of the claim
and IL report of the best method to
be pursued in following 1t up are to
be made by a subcommittee appointed
last night, composed of Chairman Rose
well Page, OF the House Committee on
Courts OF Justice, Chairman Wilson,
OF the House Committee on Federal Re-
lations, and Delegates Yarreil and Ste
phenson.
They will respectfully request Sen
ator Martin to join with them in their
Investigations and cndeavors, for the
junior Senator has given close study TO
this claim. and is convcrsant with
every phase OF 1t. The matter was
brought to the attention of the Legls-
crnor Swanson at this session, ap-
pending the report of DR.. Fulton.
Asked DR.. Fulton's Aid.
At the meeting last night superin-
inquiry as to the claim had been IN,
stitu,ed in 1907 when he had asked
DIR. Fulton to look into 1t. While chan
ccllor OF tho University OF mississippi;
a land claim OF that state against the
Federal government for 100000. Dr.
Fulton has given arduous labor TO the
task. and has yialted a s ,,er,, 1oa.es
pr. Fulton at length explained the
nature of the claim. I, concerns the
reserved interest OF Nirgin MA. IN ..r tho
tory which now is comprised by Ohio,
Indiana. illinois. Michigan. Wisconsin
and a portion of Minnesota. at one tiihe
belonged TO Virginia ny virtue o. d
triple title-by title under the chartes
granted by King James J.. OF Englahd
in 1903: by conquest, and oS ac'uai
possession.
of I'M" said DR.. Fulton, 1T was pro-
vided that no state shall be deprifcd
or territory for the benefit OF the
tinted n cd states. seven OF the States
held large possessions. OF "e st,gch Mad
NOT commended that such lands shoula
not be kept by tho States owning tn. q
for their exclusive use MarSiia nla
womb not sign the articles, hnless
these States owning territory In tas
west surrendered them to the uhitsd
states. Determined to maintain tns
confederation, Congress IN L'9e -r,. . ~,
tba states owning western tslr.loIs
tI,e .cda ,hem to the general govern
..sf.er negotiations with Congress- a
formal compact of cesslon was ntaus
~. Virginia in 1854, expressly Supp
t ny ' in its nnal article that all the
iaTds within the territory ceded ~
Virginia, excepting those reserves ns VS..
Tor certain special an ana n9h as com
mon fund for the use and oenenl VI
snrh Of the United States as nave
become. or shall become. members o.
tho Confederation OF the saia "l .hefr
Virginia. inclusive. according 10 tueit
usual respective proportions In .hs
general charge and expenditures, ana
Shall be faithfully and bona -nde ais-
posed OF for that purn3s e. ana iot The he
other use or purpose whatsoever. ihs
cc.sion was accepted by tho United
states. When the Constitution or me
limited States was adopted. IL CONAN
ed provisions that II s. ts,a lain aim Of
a ans narticuIar state, and that all en-
rapements entered into before the
Constitution by the United States
should still be valid; ,n,
OF The six provisions OF the contract
created by the cession, Dr. Fulton con- con,
tinued, the Federal government NAG
executed already I'VE; Yet me ,asi in PER-
est of Virginia and the other states
eedinr land in like manner, has been
many times contravcned. Though tnal
last provision created an express stsse siu Of
the proceeds that might arise from lhe
sale OF these ceded lands. for purposes
NOT allowed in the act of cession. no
State has received cent OF tne i'. ,,hl.,ss
tracts for purposes directly violative OF
the agreement. and in such case lne
money ought to have been DIVIDED ouL
among the original thirteen members
Of the Confederation, but it has never
Contrary TO the express conditions
of the act of cession,' said Or. fuiton.
has appropriation ss.s6s,a1o acres OF
land, and derived so.953,65+.7o from the
sale OF these public lands, entirely
to local uses within six OF 'ne new .i,v
land appropriated FOR purely local
uses would be s77,736,424 This, added
to tot the sum of se,95S.65t received from
the sale of lands, woulu make " total
of sS0.695,07S.
sBy the terms of the act OF cesslon
virginia's claim would be about one
seventh of the whole amount or near
ly $4,000, 900. exclusive of interest.
Land sold for local uses was plainly
in violation OF the contract, and the
right to the proceeds from such land
would, therefore, belong to the original
thirteen States. Unquesttonably, ar
cxpress trust was created. aGains,
which no statute of limitations car
run"
Directly and Indirectly. he declared
the United States had recognized this
right time after time. The Federal gov
ernment is bound in law and equity
4 10 discharge this obligation. In nc
way has the compact ever been abro-
gated or altered, and it could not have
been dissolved without the consen,
of the State of Virginia: Yet Vir-
sinia has never raised the question
acting in her sovereign capacity, will
the government. though Representative
,ralaferro. in 1871. introduced a mono.
rial in regard to tho claim, which seems
never to have received consideration.
IT believe that Virginia's claim is {
fair Just and legal claim said DR.
Fulton, in closing. III prosecuted II
the right mode, believe the govern