Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-04-15

q ".
/, ing on the assumption OF course that
the Supreme Court would have clint
mated Virginia as plaintiff in the suit
when 1t was shown that Virginia had
nothing at stake. The criticism has
Teen made that demurrer was not
the proper way to proceed to deter
mine the actual owners OF the certlfi-
Gates.
Though outside counsel was employ
ed-John G. Carlisle and John C..
'Spooner--to assist in the defense of
| the suit Instituted by Virginia not in
terested to the amount of dollar in
the outcome, the records OF the Attor-
ney Generals Office show that of the
$4,000 appropriated by the legisla.
lures OF 1907 and 1909. not to speak of
an additional appropriation OF $50 900
made by the 1911 legislature over the
protest OF the democrats, John c.
| Spooner only received il addition to
his retaining fee the sum of 50 900 for
| his services in the suit. The remain
der OF this large sum was spent in
the employment Of w M o. Dawson
ard Others, under part OF whose adj
ministration the suit was conducted
Now, a conference of republican
lacliticians here and the probabilities
of an extra session in the face of
, protests from many quarters mas re-
suited not only in al advance of the
market price of the certificates which
have been under litigation, not only
| in am increased demand for the certi-
| ficates, but In increased speculation,
at the Bottom of all OF which is poll
tics. To many the latest developments
in this situation look particularly sig
nifcant.
In the Consttional convention of
| 1872 an effort was made to saddle the
| Virginia debt on West Virginia with
out any investigation whatever. Wait
man T. Wiley, the leader of the re-
| publican delegates to that convention,
was the leader in such a movement as
the records will disclose. He was
unsuccessful in his efforts to have "A
provision almost identically the same
as was in the Constitution OF 1861, In
corporated in the constitution as It
row sands. The provision in the
constitution Of 1861 assuming part of
the debt led the Supreme Court TO ar
rive at the decision recently handed
down, the Court holding that the
clause mentioned in the earlier consti-
tuition constituted part CT a contract
between the two states.
For over 80 years or during the
democratic regime the Virginia debt
vas never heard of. 1t was not until
| the republican party came into power
50 those familiar with the case point
out, that the talk OF the Virginia debt
was revived and purely speculative
venture, destined to enrich certain po-
| liticians, was resurrected, the develop
ments OF the last few days coming to
cap the climax and to excite the sus-
lbieion OF those who will be called up
on to pay over 81 900, 900 and perhaps
twice that sum, and to pay not t6 Vir-
| gina but to these who have been Jug
| Cling with the certificates.
From expressions of opinion obtain
ed from many sources, for the legis-
lature to Immediately seek In special
session to settle the debt without fur
Their negotiations through a commits
sen or otherwise, in view of the fact
that Virginia, so it is understood, con-
templates authorizing a commission to
meet one from this State, Is only en-
ccuraging further speculation in the
debt certificates. 1t is partly the be-
| lief that the Governor will call a
special session which has led TO the
marked activity of Virginia bends
that aad apparently some assurances
| from Charleston.