Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1912-05-09
. One Hundred and First Year Of Publication.
Supreme Court Warns West Virginia
as to What Is Expected Of
The Men to be Elected
Next Fall.
A PHASE OF THE DEBT cASRD
WHICH CANNOT BE IGNORED.

jurisdiction, and assigned rs one groun
that the court had no power to make
judgement effective, if it should decide
that there was any liability on th
State of West Virginia.
In overruling al objections to tn
right Of Virginia to maintain the suit
the Supreme Court said upon this point
f2e6 U. s. at page 3d. .:Tl1s oh
ject Of the suit is settlement Will
West Virginia, and to that end q de
| termination and adjudication Of thu
amount due by that state to Virginia
i and when this court has ascertained and
| adjudged the proportion Of the debt Of
| the original state, which it would be
equitable for West Virginia to pay, il
is not to be presumed, on demurrer,
that West Virginia looslld refuse to carry
out the decree Of this court. IF such
reputation should be absolutely asserted,
we can then consider by what means
the decree can be enforced, Consent
to be sued was given when West Vir-
ginia was admitted into the Union, and
it must be assumed that the legislature
Of West VsrginiG aoo,tld, in the natural
course, make provision for the salts
faction Of any decree that may be
| rendered. p"
The case was then referred to q
Master to ascertain certain factV to be
used by the court as basis of sscer.
tanning the amount. if any, of the
liability Of West Virginia.
On March 9th, 1911. the Supreme
Court delivered it's opinion, 220 U. S.
p. i, that the amount to be apportioned
between thetwo states was $50, 1858, 1851 SO
of which % 1-2 percent represents the
proportion Of West Virginia; land we
have 81, 1872, 507. 4e as her share of the.
principle debt. y We have Civ
en- our decision with respect to the basis
of liability and the share of the princi.
pie of the debt Of West Virginia that
Vest Virginia assumed, Be-.
fore we could put our judgement in the
form of q final decree. there would be
figures to be agreed upon or to. be- as,
ceftained by reference to a Master.
Among other things, there still remains
the question of interest Whether any
interest was due, and, if due. from
what time it should be allowed, and at
what rate it should be computed, are
matters as to which there is serious
controversy, and concerning which
there is room for a wide divergence of
opinion, Up. IS A long time
has elapsed, Whenever the response
hility for the delay might ultimately be
placed, or however it might be shared,
it would be severe result to capitalize
charges for half a century. AS
this is no ordinary commercial suit, but
as we have said. quasi-international
difference referred to this court, in
ruling upon the honor and constitution
al obligations of the states concerned
rather than upon ordinary remedies, we
think it best at this stage to 60 no far
Their. but to await the effect of con-
ference between the parties, which
whatever the outcome, must take place.
If the cause should be pressed conten-
tiously to the end, it would be referred
to Master to go over the figures that
we have given Professionally, and to
make such calculations as might be-
come necessary. But this case is one
that calls for forbearance upon both
sides. Great states haze temper super
Tor to that Of private ltigants, and It is
to De hoped that enough has been decided
for patriotism, the fraternity of the Union
and MANUAL consideration to bring it to
an end. =,
After this decision was rendered, it
was insisted at the October term of
1911, by Virginia sthat West Virginia
had not done anything toward making
an adjustment, and therefore the Su-
preme Court should enter its final de-,
cree, with interest for so years; but
the court SAID on the Both day of Oc-
tober, 1911, that the Attorney General
of West Virginia had urged among
other things, that West Virginia had
not been in position since the opinion
was rendered in March, to confer with
Virginia. because only the legislature
OF West Virginia had power to deal
with the matter and no legislature had
been elected with reference to that
subject; and the court ought not to act
before the West Virginia legislature at
its next regular session, can consider
the case in the spirit anticipated by
the opinion of the court.
The court held that Virgins has taken
the proper steps on her part to obtain q
conference; and it is for West Virginia
ITO say whether it will leave the court
to enter Adecree irrespective Of it's as
sent or viii try to reach result that the
court win accept The conference is
not for an independent compromise out
Of court, bat an attempt to settle d de-
cree. Assuming that thu At
torney General Is correct'in saying that
only the legislature of the defendant
can act. We are Of opinion that the time
has not come for granting motion ffor
determining all the questions that have
/ been left open.) If the authorities n