Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-03-18
NmssSw is Given Complete Text Of
she Opinion AS Read BY Justice
Holmes.

S&pItluE RDuit u int DlhlE0 ohdtfA
Ma .. DISQUALIFICATION Term, 1910.
Commonwealth Of Virginia vs. State
nj West Virginia, March s, 1911. Mr..
-sarytice Holmes delivered the opinion
'sd tne Curt.
This Is Bin brought 10y the Com
s~wnwealth Of Virginia to have the
Saate OF West Virgilias proportion of
She public debt of Virginia as 1t stood
asaf0ge 1851 aScertained and satisfied.
TAs blu was set forth when the case
WzU before this Court on demurrer.
10e u. s. 290. Nothing turns on the
nDrzn or contents of it, The object
h1T been stated The bill alleges the
rsas1ence of debt contracted be-
swesn 1890 and 1861 in connection
with internal improvements intended
10 develop the whole State, but with
~sRecisl view TO West Virginia, and
carried through by the votes of the
representatives of the West Virginia
~nanfies. II then sets forth the pro
evenings for the formation of a sop
srate State a1d the material provis-
MODS of the ordinance adopted for that
purpose at Wheeling on August 20.
ssds the passage of an act OF Con
Agycfs fer the admission of the new
Stale under a constitution that had
been adopted and the admission of
west virginia iato the Union, all of
which, we shall show mere fully
3iaie Further on. Then follows an ay-
V7Fnent of the transfer in 1863 to
sAert virginia of the property within
Fer boundaries belonging to West Vir.
a1fsd 10 be accounted for in the set
Gtament thereafter to be made with
a4e last named State. AS West Vir.
sssnf@ gets the benefit of the property
@hRout an accounting, On the princi.
@'cs OF this decision, II needs not to
re nlent oned in more detail. A fur
saeT appropriation to West Virginia is
alleged of Sl50000, together with UNI
Appropriated balances, subject to ac-
eSa0snfing for the surplus on hand re-
ssefved from counties outside of the
@ew State. Then follows an argu-
epsertative averment of contract in
SAe Constitution of West Virginia to
sAsssme an equitable proportion OF the
AsssOE e-mentioned public debt as here
AFTER win be explained. Attempts be-
&seen 1866 and 1872 to ascertain the
Two States proportion of the debt and
snxstion CT Virginia in arranging with
@fte bo1dholders, that will be explain.
I'D hereafter so far as needs Sub
saa&nfially all the bonds outstanding in
1871 have been taken'up. 1t is stated
aNaaa both in area of territory and in
ls0Fulation West Virginia was equal
90 sbout onethird OF Virginia, that be-
bag the proportion that Virginia as
'Sfrts to be the proper enc for the di-
Ssision OF the debt. and this claim is
aezBed upon the division of the State
exp0n the above mentioned Wheeling
UsEsfinance and the Constitution OF the
scEw State, upoa the recognition of
saME liability by statute and resolution.
AND upon the receipt of property as
sAas been stated above After stating
asrfAer efforts TO bring about an adj
,7sgtment and their failure. the bill
srxnys for an accounting to ascertain
The balance due to Virginia in her
t1uB right and as trustee for bond
hp6ers and an adjudication i'm &C
Srn~r with this result.
The answer admits a debt OF about
s33 100000 but AYERS that the main
0segssr Of the internal improvements
Es connection with which il was cen
'ixzESed was TO afford outlets to the
~fhio River on the west and TO the
ss<TssrOard on the east for the products
If the eastern part of the State, and
sfr Develop the resources OF that part,
NnSt those of what is now West Vir-
a3sta. n aid OF this conclusion ii
=Ues into some elaboration OF details.
r. admits the proceedings for the sep
zsFaSion of the State and refers to an
net of May, 1862, conserving TO the
sEssynp, TO which we also shall refer.
~ denies that il received property of
tuGre than little value from Virginia
0sr that West Virginia received more
RAzn belonged to her in the wav y
'eUsY4us revenue on hama when she
Wzs admitted to the Union. and de-
Hsiss That any liability for these items
N.zs assumed by her Constitution. It
sRts forth in detail the proceedings
apOsin g 10 a settlement but as they
ts@se NO bearing upon our decision
W. do not dwell upon them. II ad-
aafts the transactions of Virginia with
dsosdholders and sets up that they dis
vrh2rged the Commonwealth from one
laird OF its debt, and that what may
tssve been done as TO two-thirds does
ssa concern the defendant, since Vir-
z:Sas7 admits that her share was not
xsss than that. II the bends outstand-
9sg IN 1861 have been taken up it is
wI1fy by the issue OF new bonds for
HwSthirds and certificates TO be paid
ny West Virginia alone for the other
sAsrd. Liability for any payments by
VSssania is denied and accountability,
" sray, is averred to be only on the
gyxksrlpie OF section 9 OF the Wheeling