The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1911-11-09

ent before the court will again refer
this cause to a Master.
This application should therefore
be for leave to file a petition setting
the complainant asks relief sought by
this motion. If no substantial OBJ
)ectlons We're offered to the granting
or such leave; then the filing of the
petition would follow and the defend
ant could make answer thereto, and
the rights OF the parties as shown by
the petition and answer thereto would
be argued and heard by the court
and such disposition be made thereto
as would be proper and just. ... =.
If the proceeding were one by Pc
utlon, 1T would become n pleading and
IT'S facts controversial by answer, evil
dence heart In support Of and against
the petition applicable to the rights
of the parties arising upon it, and
the proceeding heard and determined
as any other matter in the cause.
1T seems, therefore, that this mo-
ton ought to be dismissed and that
any proceeding had for this purpose
can only be properly instituted by
petition duly verified thus affordine
the defendant opportunity to answer
the petition and controvert the facts,
or introduce by way of answer any
other matter proper for the consider
alton OF the court at this stage of the
case,
And the respondent not waiving
It's notion going to the irregularity
or the procedure OH the part of the
complainant seeking relief rs stated
| IN said motion, but adhering to and
insisting upon the same, now submits
to the court the further grounds why
relief sought by said motion should
not be granted.
CD The motion is premature. as
the opinion Of the court was handed
| down OH the sixth day Of March,
| 1911, after the adjournment of the
| regular session OF the legislature, and
| "hon the special session of the leg
iHatnre called for Il specific purpose
| could not have constitutionally con-
| Sidered the matter.
! (2) At the time the members of
| the legislature which convened in
| special session in May, 1911, were
| erected, the above cause had not been
| hIa11y argued, and the impression OBJ
talneq generally throughout the Stale
Chat Virginia would not succeed with
! her Dill asking for relief against the
STATE as set forth therein, as Virginia
was only suing on behalf of the
1old|''S. OF the certificates, who were
| rcceiEc the proceeds Of any decree
oAAt msM. be entered in the cause,
| and upon this ground it was generally
! understood and believed that Virginia
"ould not. obtain any decree in her
favor against West Virginia. This
opinion obtained so generally that the
members Of the legislature were NOT
advised as to the wishes of their con-
| %tltutens relating to the matters in
controversy in said suit, and hence
1t was not expected that they would
| ever be- called upon IN their legis,a-
1--WE capacity to act thereon
I 90 1t was assumed on the part Of
West Virgthta that the State t Of VII
gln1a would not act with undue haste
IN reference to conference between
che two States as suggested by this
'onrt in its opinion on final hearing
anlil the Debt Commission of yir-
gina, by It's representatives, ca,l:1
Upon the Governor Of West Virginia,
after his proclamation had been made
converting the legislature in speejal
session to assemble in the month of
May, I'LL. and requested the said
Governor to amend his proclamation
| oy inserting therein provision
authorizing the legislature to enter
! upon consideration Of the Virgini,
debt matter The Governor, under
the authority vested in him bv tho
constitution of West Virginia, being
| d opinion that he could not amend
MS proclamation SO as to embodv n
me SAID call the consideration OF the
matter OF the said debt, the same was
not therefore included therein, AS
@ nave done SO would have invali-
uated any acts performed by the leg
s1Siature at such special session. and
'he failure Of the Governor to includo
said matter in his proclamation vas
| not Tor the purpose Of evading tho
| REQUEST or suggestion Of this ccu.,.
| III us OPINION that the two State;
| CONFER together touching the final
| settlement and adjustment of rhe cnn-
| troVefsy between them left undetern,.
! med by this court. The people of
WcSl Virginia arc not lmmindful of
thflr obligation to meet the Situation
| WIN reference to said debt as pre-
Srhlcd 70 them by the opinion of this
curt rendered. in the above cause
bul nave it ever in mind and the
subject will be considered at the next
Seneral election when tho members
OF tho next legislature will be chosen:
ana III one year and three montbs
from this day the new legislature will
convene in regular session, when that
pody can properly take up, consider.