Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1911-10-06
The Debt eomm,ss,o,

Attention of the United States Sn.
pieihe 1onrt was called by the Viz
g'hia Debt Commission yesterday TO
negligent attitude of the state of West
Virginia. both in regard to non pay.
ment OF the principal of the deb,
'ne failure to enter into any arbltra.
ton In regard to the interest The
supreme Court, in deciding the
sclalm in Vireinia's favor, suggest.
ed that the two states hold confer.
ence Tor settlement of the question OF
interest, which, because of the tong
period, now amounts to several times
the amount of the principal.
Virginia appointed conferees, who
went to Charleston and laid the matter
before the governor of West Virginia
The legislature of that state has me,
and adjourned without action, the
governor has done nothing and the
representatives of Virginia now feel
That they have done their full part,
Ihey will SO report to the United
states Supreme Court, stating that eff.
forts to arbitrate the matter OF interest
have failed, because of the negligent
attitude of West Virginia, and attor-
neys for the Virginia Debt Commits
SION will then proceed to ask for proper
court order for collection of the entire
claim, principal and interest.
The Virginia Debt Commission me
yesterday morning at room 100, Jeffer-
son Hotel
Members present were: Randolph
Harrison, of Lynchburg; Henry T..
Wickham, of Hanover; Judge William
f. Rhea, of Richmond; IL. H. Down
ing of Warren; j. Thompson Brown,
of Nelson; John B. Moon, Of Char
lottesville, chairman, and Joseph But
ton, secretary. Attorney General Will
liam A. Anderson was also present as
attorney for the Debt Commission
Major Holmes Conrad and Sanford
Robinson appeared for the certificate
holders, as did w. c. L eGende and r.
M. Brown, of the certificate hollars'
committee
Judge William F. Rhea and II H..
Downing, committee from the Vir-
ginia Debt Commission, reported that
they had duly notified the governor of
West Virginia in Charleston, in per-
son, and had requested that the West
Virginia legislature take action look
ing to settlement of the principal, and
also as to arbitration of the matter of
The committee reported that West
Virginia had taken no step whatever,
had appointed to conferees, and that
its legislature had adjourned WITHOUT
taking any action In the matter.
Under these circumstances the Debt
Commission held that there was but
one course open-to call the attention
of the Supreme Court OF the United
States to the failure of the state of
West Virginia both to recognize its
decision as the principal and its sug-
gestion as to the interest.
1t will be recalled that, sitting as
board of auditors, the Supreme Court
of the United States, on Monday,
March 6, 1911. rendered an opinion
written by Associate Justice Oliver
Wendell Holmes, to the effect that the
state of West Virginia was under obi.
CATION to pay s7,lS2,5O7 of the total
debt of approximately S33,000,00O,
which the commonw ealth of Virginia
bore when the new state was formed
by the segregation of certain western
counties. The court, after announcing
the proper amount West Virginia owed
as of the date of the separation into
two states, left the matter of interest
to be adjudicated, suggesting that the
states decide the matter by conference
10 this suggestion West Virginia has
failed to conform. In fact, so far as the
State Debt Commission was inform
ed yesterday, West vi ginia has ig-
nored the whole matter.
Ever since the war between the
states Virginia has teen endeavoring
to collect from West Virginia that
section of the old state in the debt
which existed when the two were sep
arated. Finally Virginia brought suit
in the United States Supreme Court
for about one-third of the state debt as
it existed on January l, 1861, then
about $33 100000. The court appointed
Charles E. Littlefeld, of Maine, as
special master, and his report was sub
mitted to the court in March, 1910.
Justi :e Holmes rendered the opinion,
holding West VirgiDia's "just and
equitable" portion of the debt to be
81, 1882, 1907, not counting interest from
January / 1861.
"Whether any interest is due" SAID