Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-03-18

1
agreement was that was made be
tween the two States. Here again We
are not to be bound by technica
form. A State is superior To tn
forms that 1t may require OF its cit
izens. But there would be no tech
rieal difficulty in making a contract
by constitutive ordinance If follow.
ed by the creation Of the contempla
ted State. Wedding VS.. Meyler, 1872
u s. 573, $50. And, on the other
hand, there is equally little difficulty
IN making contract by the constitu-
ton OF the new State, IL ii be appar-
ent that the instrument is not adj
dressed solely 10 those who are to be
subject TO it's provis ons, but is in
tended TO be understood by the par
ent State and by Congress az EN-.
bodying a just term which conditions
the parents consent. There can be
ne question that such was the case
with West Virginia. AS has been
shown. the consent OF the Leglsla-
ture OF the restored State was a con-
sent 10 the admission Of West Vir-
ginia under the provisions get forth
In the Constitution for the would-be
State, and Congress gave it's sanction
only on the footing of the same Con
stitutfon a1d the consent of Virginia
In the lastInentic ned act. These
three documents would establish q
contract without more. We may add
with reference to an argument to
which we attach little weight, that
they establish contract Of West Viz
ginia with Virginia. There is no ref.
crence &c the form of the debt or to
its holders, and II s obvious that Vir-
ginia had an interest that 1t was most
important that she should be able to
must be taken to have promised to
Virginia to pay her share, whoever
might be the persons to whom u'ti-
mately the payment was to be made.
We are CT opinion that the contract
established as We have said is not
modified or affected in any practical
way by the preliminary suggestions
Of the Wheeling ordinance. Ne Their
the ordinance nor the special mode
cf ascertaining a just proportion OF
the debt that it puts forward is men,
toned in the Constitution of West
Virginia, or in the act of Virginia Civ
ing her consent or in the act of Con-
gress by which West Virginia became
n hn ropt1frHA M
copy of the new constitution should
BIT laid before Congress. but said Meth
ing about the ord nance itself. 1t is
enough to refer to the circumstances
II which the separation took place to
show that Virginia is entitled to the
benefit of any doubt so far as the con-
struction of the contract is concern
cd. See opinion of Attorney-General
Bates to President l. acoln, 10 OPP.
Att. Gen. 426. The mode OF the Wheel
ing ordinance would not throw on
West Virginia proportion of the
debt that would be just, as the ordi-
lance requires or equitable, accord
ing to the promise OF the Const tuition,
unless upon the assumption that n
terest on the public debt should be
considered as part of the ordinary ex-
penses referred to in its terms. That
We believe would put upon West Vir-
ginia a larger Obligation than the
mode that we adopt, but we are OF
opinion that her share should be as
certained N a diff rent way. All the
modes, however, consistent with the
plain contract of West Virginia,
whether under tho Wheeling ordi-
nance of the 6 Institution Of that State
come out with surprisingly sim lar re-
suits
l. was argued r. be sure. that the
debt CT Virginia was incurred for To-
cal improvements nd that in such
case, even apert frO,n the ordinance,
territory In which the M ney was ex-
pended. We SIC ne sufficient reason
for The application of such principle
10 this case. In forro the aid was an
Investment. 1t generally took the
shape Ct a subscription for stock in
COY pOTaIlOU. 10 III NE IN" invest
ment safe one the precoution was
taken to require as cond tion pre-
cedent that two or three-fifths ef the
stock should have been subscribed
for by solvent persons fully able to
pay. and that one-fourth # the sub
scriptioas should have been paid up
into the hands OF the treasurer. From
This point of view the venture was on
behalf CT the whole State. The par
ties interested in the investment we're
the same, wherever the sphere of cor
porate action might be, The whole
state would have got the ga Il and the
whole State must bear the loss, as 1t
does net 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 Vir-
ginia for their objective point, and we
should be lost in futile detail IL we