The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1911-11-09

~
elnia Commission. He also stated
that If without formal action OK
three-tifths OF the body under the
Constitution. a majority should ey-
press to him the opinion that the
Legislature ought to be called into
extraordinary session to consider
the matter, he should deem it stuff
, cicnt reason for a call. ButIt seems
lthat-he did not use his power Of; his
own motion or receive such an ex-
/ preston as induced hih to use lit,
and the Legislature does not meet
; in regular session until January,
| 1913. The Commonwealth of Viz
ginia concludes from these facts
that there is no likelihood. OF con-
ference with any satisfactory results.
The Attorney General Of Wes&
| Virginia answered that the Nom bers
OF the Legislature convened in May,
1911, were elected before this. cause
had been argued and under condi
tons that left uncertain as to
the wishes of their constituents;
that the Governor was of opinion
that he co#ff !Nnot f.constitutionalIy
amend his proclamation SO as to en-
body consideration Of Thea debt, and
| that thereS Ia" mo one in West Vir-
glnla except the. Legislature that has
The power to deal with the matter.
he then suggested a doubt whether
the Virginia Debt Commission was
empowered to deal with the case in
! lroyisien in the resolution creating
1t that it. should not negotiate eX-
lcept upon the basis that Virginia IL
bound only for the two Thirds OF
the debt th:t She had provided for.
ana concluded that this Court Ought
hot to act before the West Virginia
legislature at its next regular ses-
SION can consider the case in the
spirit anticipated by the: Opinion Of
the Court 49,.
| NV lth regard to the doubt implied
ny the Governor Of West Virginia
whether 1t now is incumbent upon
that State to take the initiative, and
that suggested hy it's Attorney Gen
eral whether. the Virginia Debt Com:
mission has, the necessary power,
we are Of opinion that neither of
them furnishes a just ground for
delay. The conference ssuggrstoG. by
the Court is a conference in the
cause. The. body that directed II
lnstltut1tn Of the suit has taken tn,
proper step on behalf OF the plain
iii, and 1T is for the. defendant to
say whether it will leave the Court
10 enter decree irrespective of it's
assent or will try to reach result
That the Court, will accept. The con-
terence is not for an independent
compromise out Of the Court Int
an attempt to settle d decree. The
provision rs, to negotiations, in tho
virginia resolution, preceding the
Statr'H AUTHORIZING this suit, refers
| NC :'reSunie, TO q settlement out Of
curt and has nothing to do, with
NE conduct OF the, cause. If the
parties in charge Of the suit consent.
'Ais Court mot likely to- inquire
very curlously into question OF
power, If, on its part, it is salts
ned that they have consented TO .
proper decree.
! "a question like the presont
should be disposed Of without undue
delay. But q State cannot be ey-
pected to move with the ceIerity of
private business man; it is enough
IL IT proceeds, iii the language OF
the English Chancery,,> with all
deliberate speed. Assuming, as ".
no. that the Attorney General is
correct in saying that only the Leg
!Slature or the. defendant State can
act' we are OF opinion that the time
i!aS not come for granting the pres
eht motion. II the authorities Of
west virginia See fit to await The
regular session, Of the Legislatura
that, TACT is not sufficient to prove
mat when the voice Of. the State il
heard it will proclaim unwillingncss
70 make rational effort for peacc,
motion oVerruled Without Dreiudicor
True copy. d.. .-
rosie; Clerk Supreme
Court, u. s.
ornaments OF The Attorney General
Below is the argument Of the Stale
OF West Virginia, by William G. Con-
icy, Attorney General Of West Yir-
slnla, asking that the Supreme Court
OF the United States take no further
actlon IN the Virginia debt suit until
the Legislature of West Virginia has
mad opportunity to consider the case
on the lines laid down by the Supreme
! Court OF the United States in it's orig
| maj oplni0h From the foregoing
| decision, it will be seen that tho s,,.
preme Court Of the United States
granted the request OF the States al
lorncy general. The argument Of tho