The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-09

holders, that West Virginia must bear
her equitable proportion OF the whole
debt With a qualification which we
shall mention In moment, we are OF
opinion that the nearest approach to
Justice that we can make Is TO adopt a
ratio determined by the masters es-H
timated valuation OF the real and per-,
sonnl property Of the two states on the
date Of the separation, June 20. 1868.
a ratio determined by population or
land area would throw larger share
on West Virginia, but the relative re-
sources Of the debtor populations are
generally recognized. we think, as at
fordinE a proper measure. IT seems to
us plain that slaves should he excluded
from the valuation. The masters
t figures without them are, FOR Virginia,
| S3O0.SS7,367.74, and for West Virginia,
so2. 4i6.o21.65. These figures arc critt-
cient reason for going behind them. or.
ground for thinking that we can get
nearer to Justice in any other way. II
seems to us that Virginia cannot com
plain OF the result. They would give
the proportion in which the S3S,S97,-
073.S2 waste no divided, but for a COR
rection which Virginia has made neces (.
sary. Virginia. with the consent OF
her creditors. has cut down her liability
TO not more than ,wo-thirds OF the
debt, whereas at the ratio shown bJ
the ,isures, her share. subject to math
ematical eorrectl2n, Is about !, ;n 9 =
between Nirginia's share, say s25,9a1 81
2Gl.47, and the amount that the
creditors were content TO accent from
her, say s22o9S,o49..l, lis S3,33S.2l a.26;
debt, leaves S30.563.s6I.56 as the sum
to be apportioned. Taking .235 as rep
resenting the proportion OF West Viz
ginia we have ST.lS2,60746 as her share
Of the principal debt.
We have given our decision with res
spect to the basis OF liability and the
share OF the principal Of the debt
OF Virginia, that West Virginia as
sumed. In any event. before we could
put our judgment In the form OF q final
decree there would be figures TO be
agreed upon or to be ascertained by
reference to a master. Among other
things there still remains the question
of interest Whether any interest is
due, and II due from what time It
should be allowed, and at what rate II
should be computed, are matters as to
which there is u serious controversy In
the record. and concerning which there
is room for wide divergence of
opinion. There arc many elements 70
be taken into account on the one side
and on the other. The circumstances
OF the asserted default and the condi II
tons surrounding the failure earlier to-
procure q determination OF the prtncipal J.
sum payable. including the question
Of laches as 10 either party, would re-
uuire to he considered. 4 long time
has elapsed. Wherever the RESPONSE
Billy Tor the delay might ultimately
be placed. or. however 1t might he
shared 1t would be a severe result to
capitalize charges Tor half 4 century
such a thing hardly could happen in
private case analogous to this. Statutes
OF limitation If nothing else. would
lie likely to interpose bar AS fhis is
no ordinary commercial suit hut. as
we have said. a quasi internationa dif-g
ference referred to this court IN re
lance upon the honor and constitu-
tional obligations or the States con
cerned rather than upon ordinary
remedies. VIC think 1t best at this stage
to go no farther but to await the effect
OF conference between the parties,
which. whatever the outcome, must
take place. II the cause should be
pressed contentiously to the end. II
would be referred to master to go
over the figures that we have given
professionally. and to make such calcu-
la.ions as might become necessary
But this case is one that calls for
forbearance upon both sides Great
states have temper superior to that
Of private iitigants. and ii is TO be
hoped that enough has been decided
for patrictism. the fraternity of the
Union. and mutual consideration 10
bring it to an end.
True copy--Test
Clerk Supreme Court. United States.