The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-06
CONRAD FILES BRIEF
IN STATE DEBT CASE
Famous Litigation Between Virginia and Her
Offspring Will Come Up for Argument in
Supreme Court on January 16

Legislature OF West Virginia had hcen
made the sole arbiter of tho fac, 49,,
.ne amount OF West vrglnia's liability
and that this court was wi,bou, ,,,rts,
diction TO hear and determine ,hnt
question. '''h'
rue demurrer was oyorruled on all
inc grounds assigned and argued, mud
lhe defendant state was required To
answer the bill
IN october, 1907, West Wright, ala,
her answer to tho bill
On May 4. 1905, decree was made
referring the cause to special mas
ter with directions to ascertain and
report on seven designated subjects OF
INQUIRY. The special master heard tho
evidence offered on either side. and in
Niarch' 1910 he filed his report with
certain documents referred TO-
West VirEinin's Plan.
On the part OF West Virginia. IL is
insisted that tho two states have h,.
u special agreement or compact en-
tered into between them. provided TINT
me method for ascertaining West Viz
Gihia proportion OF the public debt.
proposed in the ninth section of the
ordinance passed on August 20. 1851.
! entitled An ordinance to provide for
the formation of a new State IS the
only method proper to be now en-
ployed.
Tnat ninth section is as follows. viz.
The new state shall take upon IT.
self Just proportion OF the public
debt Of the Commonwealth OF Virginia.
prior to the frst day OF January. 1861.
to be ascertained by charging to IL ali
State expenditures within the limits
thereof, and just proportion of the
ordinary expenses of the state govern
ment since amy part of the debt was
contracted; and dcducting therefrom
the moneys paid into the Treasury OF
the Commonwealth from the counties
included within the said new State
during the same period All private
rights and interests In lands within
the proposed state derived from the
laws OF Virginia prior TO such separa-
ton shall remain valid and secure UNI
der the laws of the proposed state. and
shall be determined by the laws now
existing in the State Of Virginia"
One of the questions Mr.. Littlcfcld
had to answer was what was tho
amount OF the public debt OF Virginia
January /, 1861? lie reported that
both parties agree 10 the extent Of
s32.91i.63. He found against tho con
tention OF Virginia that the so-callcd
sinking fund and the library fund.
amounting to nearly s2,500,0o0, should
be added TO the amount undisputed.
Another question proposed TO him
was the extent and assessed valuation
of tho territory OF Nrgna and West
Virginia June 20. 1863. and the popula-
ton Of each with and without slaves.
He reported that in Virginia was 6S
per cent. OF area of the two States.
and In West Virginia 81 per cent; the
assessed valuation of real estate in
Virginia is placed at s29s.o00.00o. and
In West Virginia at $50 100000; the
population. with slaves. is placed at l.
al,3l9. or 10 per cent. in Virginia. and
396.633 in West Virginia, or % per
cent. while the population. without
slaves. was 74S,l71 in Virginia. and
377 ESQ In West Virginia Alternative
findings are made at the request of
West Virginia showing the census re-
port of population for 1860.
Question of Expenditures.
The third question he answered was
what expenditures Virginia had made
in the territory of West Virginia since
any part OF the debt was incurred. He
reported that the total ordinary ex-
pcnses amounted to siO.21+,S9s. In this
he Included an item of s1S.174.ii7. a
great victory for the State of Virginia
West Virginia Is also charged with
the expenses incurred by calling out
the militia when John Brown raided
Harpers Ferry. This amounts to $751;
76S.
The NTH question was as to the
OASIS Oh inc tair estimated Valuation OF
/ the property, real and personal, by
counties Of the State OF Virginia.
MIR. Littiefeld reported that the fair
estimated value OF real estate and per-
sonal property in Virginia counties on
June 20. 1863. was about 1851, 00G, 900,
while the same valuation in West Vir-
Ginia counties was S9S.000,00O. This
! sum included the value OF slaves. whose
value In Virginia is placed at about
s250.000.o00, and in West Virginia at
about s6.000,000.
Mr.. Littlefield found the amount of
money paid i9to the Virginia treasury
by West Virginia counties was s6,lO5.-
900. p. RI. MEG.