The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-01-26
ESP0BIlEB5E5|' I !
B1iR[LI||IGSS
TO VIRGINIA

4. III ! VIf6lIllh
Y Y u AZ Il = 81 ~ - u.
WEST VA. DEFENDED / AGAINST
AUST CLAIMS OF THE STATE
oF vIRGiNlA-c0 RA's LiTieA.
ASSUMED BY SPAIN ILLUS.
OBSERVATION-DISCLOSURES STATE
SHOT, I'D BEAR ENTIRE BURDEN
AND SAPPoRTloNMENT BY';yIR,
6!NiA.ss.y.As UNJUST. S !,.l.S5
WASHINGTON, Jan. ( &c. - Now
(praising, and then condemning the
Commonwealth OF Virginia, former
United States Senator John G. Spoon.
| er yesterday argued before the. su-
preme Court Of the United States that
West Virginia should mot be held LA.
BILE for one.third OF the s33. 100000 debt
which hung over Virginia when West
Virginia became a State. He declared
that neither population, area, nor
wealth afforded a proper basis for a
distribution OF the debt. His conten.
tIon was that Virginia. still remaining
In existence, the debt should be borne
substantially, according to locality OF
expenditure. Y h I X . n
1.-THE attorney praised Virginia and
the men OF that State for espousing the
cause they believed was right In the
late war. But he condemned the State
for Its manner Of attempting TO apporr
ton the debt. ~ !;
rs Virginia Insulting.
.In view Of the constitution Of West
Virginia, to which Virginia agreed Z
argued Mr.. spooner in considering the
latter subject, "and in. yiewsof the con.
stitutional injunction laid upon the leg
islature OF Virginia by the constitution
OF that commonwealth Of 1870, this ap.
. 49, ~. - ,. y 1aI' l q d 80 Il
portionment by the Virginia legisla.
ture of-two.thlrds Of the debt to her,
self and the other one.thlrd to West
Virginia and the issuing Of certlnca.vs
recitfng that Virginia had that day
discharged her equitable proportion Of
the debt. without consulting West Viz.
ginia, was gross usurpation ;arbl-
trary5i in its character and insulting to
a sister State" n. ~
Mr.. Spooner contended that inquiry
should be made whether the debt was
a general or q local one. and Its appor.
tionment made In accordance there.
with. On this basis, tbs said, West
Virginia would be required to bear
little, II any. Of the debt in question
Defining Debt Status.
II The attorney. explained what The
meant by a .general"fan a Special
or local" debt by referring toi the
treaty OF peace which closed the Span:
ish-Amerlcan war. Justice Day headed
the American delegation which draft.
ed that treaty. .li,s
His honor, Mr.. Justice Day, will re.
member" said Mr.. spooner, that the
distinction between a general or ma.
tlonal debt and special or local debt
involved prolonged discussion be.
tween the American and Spanish com.
missioners at Paris in negotiating the
treaty at Paris. and under which the
United States secured to Cuba her in.
dependence and brought under our
sovereignty Porto Rico and the Philip.
pines. Z; a A s.; Y.
"sThe Spanish commissioners con-
tended that the United States should
assume, either for itself OF for Cuba,
that portion Of the Indebtedness which
had been incurred by reasoning Of
governing Cuba and for which Spain
had issued obligations primarily Sc
cured by hypothecation Of the reye,
nues Of Cuba. They contended ahat 1t
IIwas to all intents and purposes a Gu:
ban debt; in(other words, local Or spe..
cial, as distinguished from the gen:
eral debt Of Spain. ": !.
as Debt Was yspaln's. ~ Y I,
The American commissioners recog.
nized the distinction, bit refused to
accede TO the demand Of Spain upon
the ground that Cuba had no debt, but
on the contrary had been a seif-sup-
porting colony and that the indebted.
ness was incurred and It's proceeds
used to wage war upon Cuba and to
resist by arms to aspirations and
struggles Of her people to be freed
from long continued despotlsm and
misrule, and was a partiof SPANS ma
tural general debit =, 4
= Mr.. spooner said that Spain con.
.tinued to bear her obligations, Just as
the general debt Of the United States
during thetcivil war.was borne by the