The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-10-21

| Virginia against West Virginia in
support Of the formers most recent
motion, together with the record
filed Of TIL" proceedings Of tue debt
commission OF bath sides $" far :"
they have proceeded, and In the light
| 1T Il careful, thoughtful r"-rcad!nS
Of the courts suggestive Lewiston
Of MgEeN 6, 1911. Arti"vr themselves
safe in guessing that the court viii
make short SHIFT Of Vireinia'S latest
move.
What The letter amounts To is q
nose To have the court TAX" 0ut u
tit" hands Of the joint commission.
EsugScSt"d by the court itscII, r0naid
| GRAFTON Of terms If settlement; and
to refer The question OF interest to b.
laid to Il commissioner OF the r0mr,.
On The face OF the thing. substantial
reasons for such an action must b."
given the court, and VirEinia's 0iler-
ny in this respect IS that West Viz
gmia has delayed in Iurlh"ring the
lncgOlial ions. Or in thu lanSGaG" Of
West virEMia'S counsel, there ar"
but two questions for consideration
IN the determination and decision nl
this latest motion: tlI rs til" West
! Virginia Commission making Il pres
cnt effort in good faith to negotiate
4 settlement Of West NirgiHia's cquI-
table portion oil the Virginia debt in
accordance with the suggestion of
this court? and On If there. be 4
lprcsont and sincere effort to that end
on the part Of the West Virginia
commission. does the fact that ii IS
under the necessity Of reporting back
20 the governor and legislature OF
West Virginia the result OF its ncS0-
.iatious cmasculGtc the commission
and reudcr its negotiations Il mcT"
idle and empty FORM"
To the first question an aIlirma-
Etiyc answer is given by the defend
ant, and to the second negative re-
ply. And in support Of that posi-
ton Il strong written argument j.
given.
In support OF the first proposition
the activity and good faith Of Wr~t
Virginia is shown by the printed
record Of the proceedings of the com
mission which. although appointed
only last June, has been continuous
IL active in the work dCvovinS "pon
II, II is this record Of unQuCstiOnrd
authenticity which. it is believed
will cause the court to decide the
pending motion in favor OF West Viz
sinin. Among other things shown
in the record filed with the court by
West Virginia is that at the very
time counsel for Virginia was pre-
barring the pending motion, and Il"
the time it was flied, the two COM
missions. through their respective
rhairmcn, were in correspondence
concerning the business in hand
In summing up counsel TOR West
virginia has this to say: THIS court
has proceeded with great caution III
this case, that no injustice may be
done to either Of the high parties
litigaut. And when reference Is
made to the fact that this case mas
been pending for som" years, II IS
not improper to say that there nave
been no unnecessary delays in INC
urosrrutiOn Of this suit, hut it has
gone forward with that dHgrc" ol
speed consistent with tn" nature OF
! the case aud the requirements Of jas
tir., The court has h@rN careful 10
avoid doing injustice IN either 81 IN"
par,ics, bhl desires that tim" Tor ne
liberation may h. afforded and Il con-
| .lusiun reached without undue haste.
"Snonld III" Virginia debt cnmMlS-
zion reject the prOpoSNiCn for set r."
| mrnt, when made by ~" West y u
| einia commission then il will b" }nns
I0r the complainant I" report 4lI'kS
| fact 10 tue court, aud move I" GNpeS
di1c This cause. Until West Virginia
has had Il reasonable time. and has
| been afforded opportunity I" respond
10 the suggestions Of his court. IN an
intelligent, orderly manner. ana has
time and opportunity to comply Win
the requirements OF the resolutions
Of the West Virginia legislature
| West Virginia will not be in default,
and unit! such reasonable time
clapscs. Il motion to speed this canS"
is premature. and to sustain this mo-
ton at this time. it is most respect
fully submitted, would deprive th!S
state Of til" right and priEiI"g" "hi'l
this court has afforded her, Of a
peuccablc adjustment OF Il quasi
international dispute
Steering away from 4Iilttd legal
forms and vCrbiage, tho last move 0t
i yirginius is what thr tayman Hndefr
stands when he sees the w0r4,
"blulI." 1t has been characteristic
of Virginia's attitude from the time
that the first commissioners" were
!scnt from West Virginia to Richmond
by Governor jacobs Up to aud hcyoMG
i the first Joint meeting Of the eo"'-
i.,,,.;,;S F1,;L rItv TuIV 2I-I6tl II