The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-03-29
Decision as Made BY the
Supreme Court Of the
United States.

he: full text Of the opinion of the
United States supreme court In the
Virginia debt suit delivered recently
by Justice Holmes Is as follows:
This is bill brought by the Com
monwealth Of Virginia to have the
State of West Yirginia's proportion
OF the public debt OF Virginia as ii
stood before 1851 ascertained and
Satisfied. The bill was set forth
when the case was before this court
on demurrer zoe D. IS. $50. Moth
ing turns on the form OF contents, OF
#. The object has been stated. The
bill alleges the existence OF a deot
contracted between 1920 and 1851
in connection with internal Improve
meats intended to develop the whole
State, but with especial view to|
West Virginia, and carried through
by the votes OF the representatives
OF the West Virginia counties. I'll
then acts forth the proceedings for
the formation OF separate state
and the material provisions OF tho
ordinance adopted for that purpose
AT Wheeling, on August 20. 1885,
the passage of an act OF Congress fosI
the admission of the new State I'M
der constitution that had been
adopted, and the admission OF West
Virginia into the Union, all OIL
which, We shall show more fully al
little further on. Then follows AMI
averment of the transfer in 1863 to
West Virginia OF the property within
her boundaries belonging to West
Virginia, to be accounted for in the
settlement Thereafter to he made
with the last named state. las West
Virginia gets the benefit of this
property without an accounting, on
the principles of this decision, it
needs not to be mentioned in more
detail. A further appropriation to
West Virginia is alleged OF $780,
900, together with unappropriated
balances, subject to accounting Tor
the surplus on hand received from
counties outside OF the new state.
Their followed an argumentative
averment OF a contract in the Con-
stitution of West Virginia to assume
an equitable proportion. of the above
mentioned public debt, as hereafter
Twill be explained. Attempts be-
tween 1865 and 1879 to acertain
the two states proportion of the
debt and their failure are averred,
and the subsequent legislation and
action Of Virginia in arranging with
the Dondholders. that will be ex-
planned hereafter so far as needs.
Substantially all the bonds outstand-
ing in 1861 have been taken up. 1t
is stated that both in area OF terri
tory and in population West Virginia
was equal to about one-third of
Virginia, that being the proportion
that Virginia asserts to be the
proper one for the division OF the
debt, and this claim is biased upon
the division of the state, upon the
above mentioned Wheeling ordinance
and the Constitution of the new
state, upon the recognition of the IL
liability by statute and resolution,
and upon the receipt of property as
has been stated above. After
stating further efforts to bring about
an adjustment and their failures,
the bill prays for an accounting to
ascertain the balance due to Wiz
GINA in her own right and as trus,
tee for bondholders and an adjudi-
cation in accord with this result.
The answer admits debt of about
$SS 100000, but AYERS that the main
Object OF the internal improvements
i'm connection with which 1t was
contracted was to afford outlets to
the Ohio river on the west and to
the seaboard on the east for the
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