The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1910-10-26

erested
~ hear com
erlfs of some e TIE news pateEs
I 1pgn the actloii q cum tor Wet
EIyiT ina Ia al rs 20 me
Ement They I1i1Ie IL poiitlell
motives. 81 wish 8 say that IN ere S.
.tno fonndatIoh 3yg "a teger pr this
lfstatsIfle.at ana i M ceI ev-
lery attorney eounected IA ease.
irrespective of party fiiliatio lg never
thought OF politics in connectIon
VIVIAN shis motion. we have npthing
Ito fear from stlls resnlt
The reporter then asked Or. Hogg
what he thought OF West virginia
chances for success in the case. To
this DR.. Hogg replied;
i do not know whether you are
aware OF It or not. but have always
entertained the opinion that Virginia
1 could never succeed in obtaining q
decree against West Virginia This
opinion is predicted upon the facts
I'm The case and the law arising upon
them, and as to which there Is not
room, it seems to me. for two opin-.
ions.
virginia has not a parcel OF In
iterest in this suit with reference to
the old debt. She has settled with.
the holders of the old debt, upon
her own terms. and has been reIeas-
ed from all liability in reference TO
any part OF the debt which she has
not funded as to this there can be
no room for controversy.
! Newspapers Hostile to State.
II am very much surprised at, til
tone OF some OF our newspapers
throughout the state in reference to
this case. They seem to go upon the
assumption that West Virginia has
no defense. Their sympathies have TO
be against West Virginia. Their edi-i
ltorials would indicate that they have
a selfish motive in speaking the SEN
timent that their editorials embods.
The newspapers OF this state ought
not to be against their own state in
a great case like this They ought
not to publish matters concerning it
without being thoroughly advised AL
to the status of this case, the
grounds of West virginia's defense.
and all other matters that must en-
ter into and control the Judgment of
the court
II do not believe that the well in-
formed citizens of Virginia them
selves entertain a well-founded be-
lief that Virginia can succeed in thai
suit. Everybody who knows any
thing about this case knows that
Virginia does not pretend to have
brought the suit in her own interest.
but only on behalf of the holders OF
the unfunded debt of the old state.
She did not bring this suit upon her
own motion, but at the request of
these certificate holders, and with
Che understanding and agreement
that they would bear the expense Of
the suit. What lawyer or newspaper
man, speaking impartiaIly and free
from prejudice, can say that Virginia
can succeed in this suit, when any
decree which she can obtain IN refer
ence to the debt cannot inure to her
benefit? She cannot obtain or re-
ceive one cent of any decree that the
tcourt might render concerning the
debt. She has herself, as state, no
more interest in such a decree than
the veriest stranger to the record.
Why Reference to u Master.
The reporter then asked DR.. Hogg
why the court referred the case to a
master for the purpose OF taking tes-
l timony. To this he replied:
Virginia alleged that she held
certain claims with reference to the
old debt In her own right, and Of
course IL she held claims in her own
right which she could assert it would
lie proper to direct a decree to as
certain the facts necessary to enable
the court to determine any liability
IN this regard that might exist
/ against West Virginia. But it has
resulted that Virginia has fall
ed to prove that the certificates held
by her through her sinkig fund and
literary fund are any part OF the
4 public debt, and therefore she can
not succeed as to this feature OF the
case. The case has wholly failed as
10 this. The master holds that these
certtficates constitute no part of the
public debt upon which any liability
against West Virginia may be
predicated. 1t must not be overlook
ed that the court did not adjudicate
any liability whatever against West