The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-07
Amount Due Is Fixed
at $7,182, 5O7, With
Interest.
JUSTICE HOLMES
GIVES OPINI O N
Final Determination Of Interest
Left to States, and Special
Master Littlehcld May Be
Asked to Adjust It-End
to Controversy Of
Many Years.

Washington, u. G.. March G.-sitting
In the unusual capacity OF board ef
auditors, the Supreme Court OF the
United States to-day computed that the s
State OF West Virginia wns under obli- IA
cation to pay over $1,000, 900 of thu,
s33,0oO,0O0 debt OF Virginia, " hich cx,
listed when the new stntc vns formed
It wns the biggest problem In arIth-
inctic the Supreme Court Inns ind 10
handle In many years. The exact hE-
ure held by tho court to bc the proper
PROPORTION of the old debt which Ncst
virginia Is under obligation to bear was
S7,1s.,5O7.
The only opinion announced ~ the
court vas i'll the Virginia debt ease.
The court left the final determination
OF the matter. including the question 81
interest. to the States, to decide by
conference.
NIrslnln's Claim.
Ever since the Civil War Tho Conf
monwealth OF Virginia has been en-.
deavoring TO collect from West Virginia
what the former claimed was the lat
tcr's share OF tho old states debt
West Virginia was said to have sac-
knowledged her liability in the .or,,i.
'A>>N'NS
admitted to the Union, ana in her state
Constitution ]I@
Finally. when the payment was no,
made. Virginia brought suit in the
supreme Court for about, one third Or
the State debt as of january l. 1861, AZ
estimated then to be about $4,000. 900. &
Inc court appointed Charles T. little
neld, OF Maine, then Just leaving tile
House Of Representatives, to be special
masterAto ascertain tile amount 81 the
state debt January 1,alS6I and various
other questions In connection with the
basis on which West Eirginia's proper
ton should be ascertained His report
was submitted to the court Marcll17
1910. .'6i Il
Ratio OF Wcnlth in 1861 sa4 Ks
IL Justice Holmes announced the npin-t
Ion to-day. He said the court had re-
Sarded the ratio of the valuation OF
nc real and personal property OF tha +
Two states at tho time of their separa-
uon as the proper basis for arriving at
West Nirginia's Just and equitable.
proportion OF the debt The court ha,,
excluded from this valuations The lvalns
OF slaves. This ratio. according 10 HE 4
masters report. Justice Holmes said
VAS as 100 10 235. The s3S 900 ooG \
debt would have been divided accord
ins TO this ratio, nc said, had not Viz.
Si1la' pS subsequent legislation,
The justice said Virginia had induced \
us creditors to accept $4,000 600 as it, +
share OF the debt. whereas BIZ the
courts figures Nirginias share would
be S25 900 900 Nh
ms difference between these sums.
r na'neiE &"'ooo.ooo. should be subtractel
from the sSS,o0o,o 900 debt, Thisl3lnf,
about $4,000. 900 to be appor,ione,,. S
west Virsinia's proportion Of thAs
would be S'.lS2,I07.i6, he said
Question ms to Interest.
neither any interest Is due" said
Justice Holmes, and IL due. from vhat
.lme should be allowed. and a VIVA
ters as to which there is a serious con.
tro'ersy IN the record, and concerning
Which there is room FOR a wide diver
gene OF opinion Thcre arc many c1e. Is
lehts 70 he aiken into account on III,
one side and the other. 49,
The circumstances Of t,a
dethult and Of the conditions surround.
ing the failure earlier TO nroc,,ra . s
determination Of tho prinripal s{,,,,
PAYABLE, including The question IL
lanes as to either party. would re-
hnl'c 10 ne considered :, long tine
KS. e'apsed, Wherever the responsi-
nitity Tor tho delay might ,lti,natelv
pc placed. or however IL might al H., l35
shared, It would be Il severe re4,Il,
ohpitalizc Tor half 4 cen t,iry--s,ch i,
thinS hardly could happen in 4 priynto
US. use analogous TO this Statutes OF
limitations. if nothing else. Mould h
likely 70 tnterpose & bar. Ii
Conference to Tic tunJtcJ
As this is no ordinar,t con. nlercj.l KS
SUIT but, as VIC nave SAID q ruasi.in
'ernatlonal difference. referred 10 tina 4
court IN reliance upon the honor and
obligations Of tho Statca
concerned. rather than upon ordinary
'eHedlcs, VIC think it best al this,
stage 70 go no farther. BIZ, to await
tne erect OF Il conference between
parties which, whatever the outcon,e
must take place. II the cause should
ne pressed conteniiously to the end Il
"ould be referred TO 4 master. I, 81
over the hsures that we have given
Professionally ana to make s,ich calou-
lauons as might become necessary. II
bnt this case is ono that calls for
tornearance on both sides Great
states nave n temper superior to tina.
OF private litigants. and 1T lis 10 be-
hoped that enough has been uec,dnsI
for patriotism, the fraternity OF tia &
Union and mutual considera ttot, u 4a
bring II 10 an end"
IttfcHeli May tdiust IL
1t is the belief OF some OF those .rbo 81
are acquainted with the Facts IN ths IA
case after carefully digesttng my y
ticc tiolmcs's opinion. that the nues.
ton OF adjusting the interest thar shall
be paid by theEStntc or West ylrgiti,i. lS
when the principal is paid is5one TIA,
Master Littlcneld
There is little CHARGE, II IS belieyed.
VIII be able 10 come 10 terms regard.
= 4 ' { . & ~ r.