The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-02-09
VIRGINIA DEBT
CASE NEARS END
West Virginia s Small Army of
Counsel Raise All Sorts of OBJ
jections, But It Looks AS If
Old Dominion Lawyers
Will Win.
RICHMOND. va. Special

States Supreme Court. there are hardly
more than twenty-five men in the en-
tire commonwealth who thoroughly
understand this litigation.
or literature on the subject, there
- vast deal. but 1t appears mostly in
the technical form OF briefs or other
legal statements. and the volume of
the matter repels by it's very magni-
tudo.
Almost the only condensed explana-
ton OF the causes leading to the debt
suit appears in a pamphlet publish
ca some years ago by Randolph Har-
rtSon, OF counsel for Virginia, who re-
produced between paper covers q
Speeeh made by him before the West
Virginia Legislature.
This publication. unfortunately, n
not easily available. but time and
again, persons who feel an interest in
public Affairs. have asked for an ex-
PLANTATION Of the case and it's legal
Few men are equipped to prepare
such syllabus. but John 3. Light
foot. Jr., of this city. one of virginia's
attorneys in the litigation, has been
unselnsh enough to undertake this
work.
Below 10 printed his admirable
statement OF the causes leading TO the
suit and OF the present status Of the
litigation. Here It is:
Case Is Historic.
With perhaps the single exception
Of the Virginia Suffrage Cases, involv-
ing the franchise clause Of the new
Constitution, this Commonwealth has
never been party to more impor-
tant or vital cause than that of her
suit against West Virginia, instituted
in 1906, as an original cause in the
Supreme Court of the United States.
Involving, as it does, matters or his
torical interest. a labyrinth OF figures
worked out by large STATS Of expert
accountants for both sides. legal points
or rare occurrence and many alto
gether without precedent, and con-
Quoted on both sides by counsel of the
highest ability, il is TO be doubted "
the august tribunal. before whom il
now is for decision, has ever had be-
fore il matter OF greater interest.
In brief resume. after repeated fail
ures 10 bring the matter TO an AMIGA
BILE adjustm eat with West Virginia.
and as a last resort by which she
might be relieved Of the liability rest
! ing upon her for that portion OF the
| debt created prior to the formation
Of West Virginia, virginia filed her
| bill in equity in the Supreme Court
and asked that court TO state and de-
termine what portion Of that debt
| West Virginia should bear. and to rem
der its decree against her accordingly.
An Historic Document.
The bill is an historical document i'm
ritself. and sets forth in elaborate de-
tail, but with simple clearness. the
grounds of thu plaintiffs claims
The foundation Of these is that the
debt existing January 1. 1861, amount
ing TO slightly over $33.OOO,OOO. was
created in pursuance OF n policy OF
internal Improvement begun with the
creation I'm 1916 OF a Board OF Public
Works. but the conception OF which
idea far antedates that year, and for
which George Washington and Chief
Justice Marshall were largely respon-
sible, through their plan 10 open com
mercial communication between the
waters of Chesapeake Bay and those OF
the Ohio River.
From this beginning and through
the instrume ntality OF the Board of
Public Works, the old State, begin
ming about 1920, embarked on a sys-
tenn Of road turnpike and canal, and
later. railroad. building, designed to
develop the wonderful resources Of
her territory. the vast Potentially Of
which was then a matter OF vague
conjecture.
In order to carry out her ambitious
plans. the State deemed IL wise TO bor-
row the money necessary 10 their ac-
complishment, and Issued her bonds,
which found ready purchasers. both
at home and abroad.
Though the major portion OF the
proceeds of these bonds were spent on
soil now a part of Virginia. yet with
slight exception, such expenditure
was with view, and operated, TO de-
velop the vast resources OF what il
West Virginia.
Provisions OF Wheeling Ordinance.
Prior TO the admission OF West ViF-
ginia and at one OF the conventions
preliminary TO the drafting OF its pro
posed Constitution. an -s1FGinaa e. e.
h-~- hesc~.- adopted, whicfft In one OF It's
sections declared that the ne~-State
should assume its just proportion OF
the common debt and undertook TO
declare the method by which the same
should be ascertained.
When, on June 20, 1859, the new
state OF West Virginia was admitted
into the Union, her Constitution. with
out reference to the Wheeling ordi-
nance" provided that she should bear
the state from which she had sepa-
rated.
Many and divergent views have
been taken as to the effect OF this
wheeling ordinance. and as to whether
the methods for ascertaining West
Virginia's just proportion OF the debt
prescribed by II were binding on the
two states. If it were not binding
then the apportiOnment of the debt
would be made on the principles of in
ternational law.
The bill OF Virginia sets forth that
under a proper construction of the
wheeling ordinance, and reading Il
with the provisions of the Constitu-
iOh, IL was believed that an equitable
result could be reached and declared
the willingness of this State TO settle
the matter either under the methods
laid down in the WheelinA ~ordinance
or by provisions OF sSstsrffat ional law
IL asserted with great force, however
that the resuS~reached, by whatever
method, -1ssfould be an equitable re-
SuH-
West Virginia Demurrer Overruled.
Soon after the bill was fled. West
Virginia fnterposed objections 10 its
sufffcisncy In law through a demurrer
this was overruled by the court
whereupon the defendant State filed
her answer in elaborate form. and the
cause was al issue before the court.
In order to simplify the proceedings
the cause was then referred to a spe-
cial master with directions to him to
report upon seven distinct matters of
inquiry, the finding of which facts
would enable the court to render its
decision between the parties. The
nrst two of the matters were designed
TO supply the court with such infor-
nation as il might need to apportion
the debt on the basis of international
law. The remaining five were design
ed to supply Information for an ap-