Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1911-03-10
VIRGINIA WINS IN THE DEBT CASE

The sum of 81, 1872 ,5O7 was held to-
day by the supreme court of the
United States to be the proportion
of the $33 100000 old Virginia
state debt which West Virginia is
under obligations to bear. The
court left the final determination
; of the matter, including the ques-
ton of interest, to the states to
decide by conference.
Ever since the civil war Virginia
has been endeavoring to collect
from West Virginia what the form
er claimed was the latter's share of
the old states debt. West Virginia
was said to haye acknowledge her
liability in the ordinance Of Wheel
ing" before she was admitted to
the Union and in her state consti-
tuition.
Finally, when the payment was
not made Virginia brough t suit in
the supreme court for about one
third of the state debt as of Janu-
airy l, 1861, estimated then to be
about S33 100000. The court ap-
pointed Charles E. Littlefeld of
Maine then just leaving the house
of representatives, to be special
master to ascertain the amount of
the state debt January l, 1891,
and various other questions in con-
nection with the basis on which
West Virginia's proportion should
be ascertained. His report was
submitted to the court March II,
1910.
Justice Holmes announced the
opinion today. He said the court
had regarded the ratio of the valua-
ton OF the real and personal prop.
erty of the two states at the time
of their separation as the proper
basis for arriving at West Virginia s
Just and equitable" proportion of
the debt. The court had excluded
from this valuation the value of
slaves. This ratio, according to
D.; the masters report, Justice Holmes
said, was as .765 to .253. The
$50, 100000 debt would have been
divided according 10 this ratio he
said, had not Virginia by subse-
quent legislation changed the
amount to be apportioned. The
justice said Virginia had induced its
creditors to accept S22, 100000 as
it's share of the debt, whereas by
the courts figures, Virginia's share
would be S25, 100000.
| The difference between these
sums, namely 100000, should
be substracted from the S33, 000,-
900 debt. This left about $50,
100000 to be apportioned. West
Virginia's proportion of this would
be 81, 1872 ,5O7.46, he said.
"Whether any interest is due, "
said Justice Holmes, land if due,
from what time it should be COM
puted are matters as to which
there is a serious controversy in
the record, and concerning which
there is room for a wide divergence
of opinion. There are many ele-
ments to be taken into account on
the one side and the other.
j "The circumstances of the as
serted default and of the conditions
surrounding the failure earlier to
procure determination of the prin-
cipal sum payable, including the
question of laches as to either par
ty, would require to be considered.
A long time has elapsed. When
ever the responsibility for the de-
lay might ultimately be placed, or
however it might be shared it
would be a severe result to CAPT.
talize for half a century-such a
thing hardly could happen in a
private case analogous to this.
Statutes of limitation, if nothing
else, would be likely to interpose~a
bar.
GAS this is no ordinary CONNER
cial suit but, as we have said, q
quasi-international difference, re-
ferred to this court in reliance up
on the honor and constitutional OBJ
legations of the states concerned,
rather than upon ordinary RENE
dies, we think it best at this stage
to go no farther but to await the
/ effect of a conference between the
parties, which, whatever the out
come, must take place. If the
cause should be pressed contentious
ly to the end it would be referred
to a master to 60 over the figures
that we have given Professionally
and to make such calculations as
might become necessary.
"But this case is one that calls
for forbearance on both sides.
Great states have temper super
ior to that of private litigants and,
it is to be hoped, that enough has
been decided for patriotism, the
fraternity of the Union and mutual
consideration to bring it to an end"
Easy Way of Watering Chicks.
It Is generally very hard to keep