The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-09
COURTS DECISION
run Text OF Opinion ms Delivered by
Justice Holmes.
commonwealth of Virginia VS. State or
- A''AS ~ "

Justlcc holmes.
Comm of Virginia VS. State Of
West Virginia. in equity.
March 8. 1911
Mr. Justice Holmes delivered the
opinion of the court.
n II, rn ne, Is bin brought by the Com
state Of West virginias proportion OF
thc public debt Of Virginia as IL stood
before 1851. ascertained and satisfied.
me bll! was set forth when the case
was before this court on demurrer 206
y. 29o. Nothing turns on the form.
or contents of it, The object ha. been
stated. The bill alleges the existence
OF debt contracted between 1920 and
provemenis intended TO develop the
whole State. but with especial view
70 West Virginia. and carried throug !,
lhe votes OF the representatives
SETS iorth the proceedings for the
formation OF separate State and tn.
material provisions of the ordinanc.
auopted Tor that purpose al Wheeling
act Of Congress for the admission OF
the now State under a Constitution
nat had been adopted. and the adnis-
SION OF West Virginia into the Union,
q little further on. Then follows an
averment OF the transfer in 1868 10
west Virginia OF the property within
her boundaries belonging 10 West Nir-
$500 ~ Nv rt'COUHtCu Tor IN the set =
!lement thereafter to be made with the
las, named State, As West Virginia
gets the benefit OF this property with
OUT an accounting, on the principles
o. ,his decision, It needs not to be
mentioned in more detail further
asppropria ton TO West Virginia is all
ieged of Sl50.00o. together with unap-
propriated balances, subject TO ac-
counting for the surplus on hand re-
ce1ved from counties outside Of the new
state fncn follows 81 10 {,.o
aHerment OF contract in the Consti-
tuition of West Virginia to assume an
eauitsoie prroportion of the above men
toned public debt. as hereafter will
be explained. Attempts between 1Ss5
and 1872 to ascertain the two states,
proportion of the debt and their fail.
ure are averred. and the Subsequent
legislation and action OF Virginia in
arranging with the bondholders. that
VIII be explained hereafter so far as
needs. Substantially all the bonds out !
STANDING In 1851 have been taken IN.
II Is stated that both in area of terri .
tory and in population. West virginia
was equal to about one-third OF Vir-
ginia, that being the proportion that
Virginia asserts to be the proper one
dor me division OF the debt. and this
claim is based upon the division OF
the state, upon the above mentioned
heeling ordinance and the Constitu +.
ton OF the new State. upon the recog-
milton of the liability by statute and
property as has been stated above
After stating further efforts TO bring
about an adjustment and their failure.
the bill prays for an accounting TO as
certain the balance due to Virginia in
her own right and a trustee for bond :
holders and an adjudication in accord
with this result
Inc answer admits debt OF about
s33,ooO,000, but AYERS that the main
oo1ect OF the internal improvements In
connection with which 1t was contract
ed was 70 afford outlets to the Ohi;,
River on the west and to the sea boa I'd
on the east for the products of tie
eastern part OF the State, and TO de-
Felop the resources of that part not
those OF what is now West Virginia
IN aid OF this conclusion II goes into
some elaboration of details. It admits
the proceedings for tho separation Of
the state, and refers to an act of Mav.
ls62, consenting 10 the same, to which
We also shall refer. It denies that It
received property Of more than a lit.
tie value from Virginia or that West
Virginia received more than belonged
to her in the way OF surplus revenue
on hand when she was admitted TO the
Union and denies that any liability
for these Items was assumed by her
Constitutions. 1t sets forth in detail the
proceedings looking to a settlement.
but as they have no bearing upon our
decision we do not dwell upon them
It admits the transactions OF Virginia
with the bondholders and sets m that
they discharged the Comm on Wealth
from one third or its debt and thai