Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-10
VIRGINIA WINS
IN THE DEBT CASE
is AWARDED $7,1S2,5O7
Supreme Court Fixes That Amount
as That Which West Virginia
Should Pay

Washington, D: Q, March 6. -The
sum of 81, ls2. 507 was held toiay by
the supreme court of the United
States to be the proportion of the
S53, Oo0 O00 old Virginia state debt
which West Virginia is under oDli-
cations to bear The oolrt left the
final deter ninasion OF the matter, in.
Gliding the question of interesF, to
the states to decide by conference
Ever since the civil war Virginia
has been eudeayoriug to collect from
West Virginia what the former claim
Ell was the latier's share of the old
states debt. West Virginia was said
to have acknowledged her liability in
the "ol dinance of Wheeling" before
she vas ad nittei to the Union and
in her state consultation.
Finally, when the payment was not
made Virginia brought suit in the
supreme co1rt for abolt one-thir1 Of
the state DEBT as Of January l, 1861,
esti mated then to be about $33. o10.-
900. The co1rt appointed Charles Il.
Littlefield of Elaine then just leaving
thu house OF representatives, to be
1ecial master to ascertain the
amount OF the state debt Jan nary !
| 1851, and vario IS other questions in
connection with the basis on which
West Virginia's proportion shoDld be
as,ertalued His report was submit
ted to the colrt March II, 1910.
Justice Hol res announced the
opinion today. He said the court
had regarded the ratio of the valna-
tioa of the real and personal proper
ty of the two states at the tine OF
their separation as the proper basis
for arriving st H'est Virgint's "jHst
and equitable" proportion of the
debt. The corrt had excluded from
this valuation tile valne OF slaves.
This ratio. according to the masters
report, Jastice Holmes said, was as
.765 to .253. The $B5, 000,000 debt
wonld have been divided according
to this ratio he said, had not Vir-
!. ginia by subsle 1ent legislation chang
led the anon1J to be apportioned.
The justice sail Virginia had indncsd
it's creditors to accept $22, 2,UOO,O00 as its
share OF ths dsbt, whereas by the
courts fignres,, Virginia's share
Iwould be SIS. 000,O 900.
4 The differeuce betwee1 these snms,
namely So. 900. .ooo. should be subtract
fed fro n the s83. 900, 900 debt. This left
tahout $30. 00O. 900 20 be spportjoned.
I West Virginia's proportion Of this
Ewonld be 81. 1s2, 507. 46, ha said.
"Wnether any interest is dre,"
said justices Holmes, land if due,
fron, what time it should bs conpas-
sd are matters as to which shers IS q
serioas controversy in the record. and
concerning which there is room for p
; wide divergence of opinion. Iher3
ara many elements to be taken into
account on the one side and the
other.
"The circumstances of the asserted
default and of the conditions surround
ing the failure earlier to procure de-
termination OF the principal sun pay
able, including the question OF laches
as to either party, wonld require to
be considered. A long time has elapsed.
Whenever the responsibility for the
delay might ultimately be placed, or
: i.oyay it zaigilf- be tshsr31 IL woul1
bs a sagera rssalg TO capitalize for
half csntury--such q thing hardly
coal1 happen in private case an
slogous TO this. Ststutes of limitation,
if nothing else, would b. likely &c
, interposs bar.
9 Gas this s no ordinary CONNER
Icisl suis but, IS We have said, q
i. quasi. in ternational difference, re-
s .rrsd to this court in reliance upon
e the honor and constitutional obliga.
Il tions of ths states concerned, rather
Il than upon ordinary remedies. we
: think it bsst st this stage to go NJ
!. srther but to await the effect Of 1
i rferencs bstween the parties
which, whatever the outcome. Uus
: saks place. If the cause should b
% pressed contsntlously to the end i
,r would bs referred to master to g
II over the figuras that Wa have aival
- professionally and to make such cal
" culations as might become necessary
l. "But this case is one that calls TO
y f3rbsarancs on both sides Grea
II states have q temper superior to tina
Of private iitigants and, it is to b
hoped, that enough has been decije
for patriotism, the fraternity OF sh
Union ahd mutual consideration t
Z bring it to an end ~