The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-03-29

at nlentioned art These Tires
documents would establish con-
ract without more. We may ada,
With reference to an argument to
which I'VE attach little weight, that
hey establish contract Of Wes&
with Virginia. There is
10 reference to the form oFthe debt
'r TO its holders, and 1t is obYlons
hat Virginia, had an Interest that it
was most important that she should
be able TOT protect. Therefore
West Virginia must be taken to have
promised to Virginia to pay her
share. whoever might NE the per-
sons to whom ultimately the pay
ment was to he made.
We are OF opinion that the contract
as we have said is not
modified or affected in any practical
way by the preliminary suggestions
OF the Wheeling ordinance. Neither
the ordinance nor the special mode
OF ascertaining a Just proportion OF
the debt that 1t puts forward Is mea-
toned in the constitution OF West
Virginia, or in the act of Virginia
giving her consent or in the act Of
Congress by whtdh west Virginia
became state, The ordinance re-
quired that copy OF the new CON
stitution should be laid before Con-
gress, nut said nothing about the
ordinance itself. 1t is enough to re-
fer TO the circumstances in which
the separation took place to show
that Virginia is entitled to the BEN
eft OF any doubt so far as the CON
struction OF the contract is concern
ed, See opinion Of Attorney Cen
elal Bates to President Lincoln, 10
OPP. Att. Gen. E26. The mode OF the
Wheeling ordinance would not throw
on West Virginia arproportioa Of the
deb that would-!be just, as the ordi-
nance requires, or equitable, accord
ing to the promise OF the constitu-
ton. unless upon the assumption that
interest on the pubic debt should
he considered as part OF the ordi-
nary expenses referred to in its
terms. That we believe would put
upon West Virginia larger obliga-
ton than the mode that we adopt,
but we are OF the opinion that her
share should be ascersained in a
different way. All the modes, how
ever, consistent with the plain con-
tract of West Virginia, whether IN
der the Wheeling ordinance or the
constitution OF the state, come out
with surprisingly similar results,
1t was argued. to be sure, that the
debt OF Virginia was incurred for
local improvements and that in such
a case, even apart from the ordi-
nance. 1t should be divided accord
Ing TO the territory in which the
money was expended. We see no
sufficient reason for the application
OF such principle to this case. In
form the aid was an Investment. 1t
generally took the shape of sub
for stock in a corporation.
To make the investment a safe one
the precaut!on was taken to require
as condition precedent that two or
three7afths OF the stock should
have been subscribed for by solvent
persons fully able to pay, and that
one-lourth OF the subscriptions
should have been paid UP into the
hands CT the treasurer. From this
point of view the venture was on be-
half OF the whole state. The parties
interested in the Investment were
the same, wherever the sphere OF
corporate action might he. The
whole state would have got the gain
and the whole state must bear the
loss, as 1t does not appear that there
are any stocks of value on hand, II
we should attempt to look farther,
many of the corporations concerned
were engaged in improvements that
had West Virginia for their cbjec-
tive point, and we should be lost in
futile detail If we should try to un-
rayel in each instance the ultimate
scope OF the scheme. 1t would be
unjust, however, to stop with the
place where the first steps were
taken and not to consider the pur-
pose with which the enterprise was
begun. All the expenditures had
the ultimate good Of the whole
state in view. Therefore we adhere
to cur conclusion that West vir-
ginia's snare OF the debt must be
ascertained in different way. In
to it we do but apply against
West virginia the argument pressed
On her behalf to exclude her Iiabil-