Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-03-11
DEBT SITUATION
AT EXTRA SESSION
So as to Include Old Virginia Debt De-
cislon In the Action to be
Asked For.


L seems possible that Governor
Glasscock may feel compelled to call
a special session of the legislature
a later date than he has hitherto
contemplated in order to meet the
Virginia debt situation. The opin-
len cf the supreme court holding
West Virginia liable for $1,000. 600
CT the Indebtedness OF the old state,
with the possibility of having to pay
interest on 1t may neccessitate a spe-
cial session Cf the legislature. But
the matter will not be ready for
consideration at the time set by the
governor for assembling the legisla-
tnre In special session to consider a
primary law
Under the terms CT the supreme
courts opinion the two states must
hold q conference and endeavor to
agree upon the question OF interest,
with the intimation in the opinion
that Virginia should not insist upon
interest It may be some time be-
fore this conference can be held and
possibly longer still before the con.
ference can agree. Certainly no
agreement VIII have been reached
before the latter pars OF Aprl when
the govmor has indicated his in
tention of assembling the legisla-
ture in special session.
Summary OF the Virginia Debt.
At the outbreak of the Civil War
the Commonwealth of Virginia, OF
which West Virginia was then a part.
owed a bonded debt approximating
s34. 000, 600
I'm 1871 the Commonwealth OF Vir-
ginia issued refunding certificates on
the basis that Virgin should paw
two-thirds OF the debt and that the
ctheY third should be referred to West
Virginia for settlement.
March G, 1904, the Virginia General
Assembly authorized appointment of
the Virginia Debt Commission.
Early in 1904 suit was formerly in
against the State of West Virginia for
the recovery Of the amount claimed
to be owing by the State.
October, 1906, attorneys for West
Virginia filed demurrer to oil OF
plaintiffs.
May 81, 1907. demurrer of counsel
for West Virginia oyerruled, and de-
feldant granted leave to answer.
October, 1907, counsel for West vir-
ginia filed States answer to bill CT
the plaintiff
May A, 1908, u. S. Supreme Court
entered decree of reference, follow
ed by the app intment of Charles e.
Littlefeld, of Ma ne, as special mas
ter in chancery to pass upon the
items and report
March IT, 1910, Special Master Lit
tlefeld reported adversely to West
Virginia.
February, 1911. Wcst Virginia Sen
ate defeated resolution declaimipg
gainst the legality Of the debt, and
referring it to the Federal Congr u
for payment, en- the grounds that the
West Virginia legislature had no rieht
to anticipate a decision Of the 81
preme Court.
February G, 1911, u. s. Supreme
Court found against West Virgin 81
the sum OF s7,1S2 10000. leaving tie
question of interest open, referring i
to the litigants with the suggestion
that hey should be able to adjust it
Attorneys who have figured on the
West Virginia side OF the case are
the late John G. Carlisle, who was Sec
rotary of the treasury under Grover
Cleveland; Senator Jcha c. Spooner.
OF Wisconsin; Charles Edgar Hogg,
dean OF the law department Of West
Virginia University; Mollohan, Mat
thews & McClintick, of Charleston;
the late Clark w. May Attorney Gen
eral ct West Virginia, when the SD
started; William G. Conley, present
Attorney General. and William VI. o.
Dawson, special counsel.