The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-06
Special 10 The Times-Dispatch.

I
holding creditors OF Virginia. in the
virginia debt case. to-day filed an i'm
| portant brief in the United States
Supreme Court The ease is set for
argument on January l6. and the main
! facts arc as follows
In the first quarter of the nineteenth
century the Commonwealth OF vir-
| ginia entered upon system of public
! internal improvements. which. II was
contemplated, should include the entire
territory OF the state. This system
embraced in its design tho construc-
ton OF graded roads bridges canals
and railways. extending through the
State from Underwater toward the Ohio
! River. and adapted not to the needs
| OF any one region of the state only.
! but of the state as unit i'll interest
! The construction OF these works was
| interrupted by the outbreak of the
Civil War; and their completion was
| prevented by the separation OF the ter
ritory now forming tho state OF West
| Virginia. and the erection thereof OF
| that new state. The cost OF the con-
| struction of these works. 80 far as
that construction had progressed up
| to January l. 1861. was betrayed by
the proceeds Of loans made In tho
| United states and in Europe. and cvi-
denced by the bonds ~ the Common
wealth oil Virginia which were issued
from time 10 time, the cXigencles
| of the work required under the au-
thority of several acts Of the General
Assembly OF Virginia.
The amount OF the public debt of
the Commonwealth of Virginia. evil
denced by the bonds issued under these
acts was. on January j. 1861. t33-
| S9i.073.so.
! New stntc Organized.
On August 20. 1861, certain citizens
| OF Virginia. residing in the Western
| - - a -
vention In the city OF Wheeling, and
there adopted an ordinance TO pro
vide for the formation of new State
out of portion of the territory Of
this State" and. prior thereto. there
was organized form of government
known as the "Restored State OF Vir-
ginia."
on December 81, 1862. an act was
passed by the Congress of the United
| States, which provided that the new
State formed in pursuance of the or
| dinancc aforesaid should. upon certain
| conditions. be admitted into the Union
by the name Of West Virginia." with
a Constitution which had heretofore
been framed for it and adapted by the
people of that territory.
| On juno 20, 1863. the new State OF
| West Virginia was formally admitted
into the Union as one of the coequal
| States thereof.
| From the year 1865 down 10 a short
time before the institution of this suit.
the Commonwealth OF Virginia had
sought in every practicable way to OBJ
tain from West Virginia a friendly set
| Element of the matter looking to the
ascertainment of the reasonable and
| proper proportion of the public debt
of the Commonwealth of Virginia..
| which. By her Constitution, that State
| had assumed TO pay; but after her
liability for an equitable proportion
had thus been recognized for many
years. West Virginia. by subsequent
| convention. withdrew such formal
recognition from her Constitution, and
| by repeated acts Of her Legislature,
expressly disclaimcd any liability
| whatever for any part OF such pub
| lie debt
| Virginia. deprived of one-third OF
her territory and population, Invested
| of those vast mineral sources of wealth
| by the development of which she had
reasonably expected TO redeem her
obligations, acquire a fixed and certain
| source OF rAvenue. and restore con-
tentment ana. happiness to the inhabi-
tants Of her Western parts. had yet
retained her credit in the money mar
kets of the world. and no cloud of
doubt had as yet been cast uupon her
Willingness and her ability to dis
charge her obligations.
| CnueI lHc dCt VI 1911, anu unOeT
the subsequent acts of 1879. 1852 and
| 1892. bonds and other evidences of in
debtedness to tho amount of several
millions of dollars were surrendered
by the holders thereof, and new bonds
Of the Commonwealth of Virginia for
two-thirds OF their several amounts.
and certificates for the other one-third
OF such amounts-representin the es-
timated proper proportion of such in
| debtedness to be borne by the State
of West Virglnia-wcre issued by Vir-
| ginia and accepted by the holders of
the old bonds who had surrendered
| them.
InvOi<e1 Aid of Court.
On the - day of -. 1906, the Com
monwealth exhibited her bill in equity.
in which are set forth fully and dis
tinctly the grounds on which she asks
the relief there prayed, and invoked
the aid of the Supreme Court to pro-
tect her from the intolerable burden of
that proportion of the public debt In
Cured by the Commonwealth of Yir-
| Ginia during n period OF forty years
prior to tho erection OF the new State
within her ancien, borders. and
created. as the bill charges. by the
| hearty concurrence and earnest efforts
of the representatives in the Lcgis-
lature from that region of the old
State which now forms the State OF
West Virginia, and which should be
borne by West Virginia.
i In February. 1907, the State OF West
Virginia appeared. by her Attorney,
and rendered demurrer to the bill
on eight assigned grounds. On the
argument before the court the defend
ant State, through her counsel. as
signed II wholly distinct ground
which the argument mainly proceeded.
That ground was that compact had
been entered into between the two
! States. by the terms of which the