The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-02-08
WANT JUDGMENT
FOR STATE DEBT
West Virginia Shows No Dispo-
sition to Treat for Settlement
With Virginia.
SEVEN MILLION DOLLARS DUE
Supreme Court Will Be Asked TO
Act if Nothing Is Done
by Legislature.


by Legislature.
Unless the Legislature OF West Viz
| ginia at its present session, shows
;, some disposition to treat with the Nir-
ginia Debt Commission concerning the
amount of interest and the payment
of the principal due as West virginia
part of the public debt of this Com
monwcalth. Virginia VIII proceed TO
ask the Supreme Court OF the United
states to enter judgment for the sum
or s7.1S2.5O7.41. with interest from
March /. 1861
Nearly two years have elapsed since
/ the highest Federal court handed down
an opinion to the effect that the state
| Of West Virginia was due the Com
monwealth of Virginia and her certift-
I cate holders the sum mentioned as
West Virginia's share of the princi-
pal debt No move has as yet been
made looking TO a settlement. nor to
an agreement between the two gov
ernments on the subject OF interest, as
suggested by the court
Suggested Conference.
MI Justice Holmes. voicing the
opinion of the Supreme Court OF the
United States on March s, 1911, used
this language:
AS this is no ordinary commercial
suit but as we have said. a quasi
international difference. referred to
this court in reliance upon the honor
and constitutional obligations of the
States concerned. rather than upon or
binary remedies. we think II best at
this stage 10 30 no further, but TO
await the effect of conference be-
tween the parties. which. whatever the
outcome. must take place. II the
cause should be pressed CONTINUOUSLY
10 the end, IL would be referred to a
master to go over the figures that we
have given Professionally, and to make
such calculations as might become
necessary. But this case is one that
calls for forbearance upon both sides
Great States have q temper superior
TO that OF private litigants. and ii is
10 be hoped that enough has been
decided for patriotism. the fraternity
of the Union. and mutual consideration
70 bring il 10 an end"
All Efforts Failed.
At the time this opinion was given
the West Virginia Legislature was at
the point of adjournment A few weeks
thereafter the Virginia Debt Commits
sion held a meeting in Richmond. 1t
had then been announced that Gov
crnor Glasscock was about to call
special session of the Legislature to
enact election laws. and the commits
sion determined to make overtures to
West Virginia looking to a conference
Accordingly. a committee composed of
Judge William = Rhea. of the State
Corporation Commission. and II II
Downing. of Front Royal. who have
been members of the debt commission
since il was formed, visited Charleston
and called upon Governor Glasscock.
He received the emissaries from Nir-
ginia courteously. but gave no indi-
, = W0iIl6 a
letter to Governor Mann. he said 1t
would be improper for him to divuige
in advance the nature Of his message
to the Legislature. However. he made
no recommendations at all on this sub
ject to the lawmaking body. which
failed TO take action
Soon thereafter. the Virginia Debt
Commission directed Attorney General
Williams to apply to the Supreme Court
for a judgment for the principal sum,
and for the appointment Of a special
master to determine the amount OF
interest The court was Informed that
West Virginia had not shown a TEN
per superior TO that of private liti-
giants" and had manifested no inten-
tion Of settling the obi cation. But
the court refused the motion. evidently
taking the position that West Virginia
had not been given full time in which
to act.
Want Congress 10 Pay.
Accordingly the next regular ses-
sion OF the Legislature was awaited.
1t is now IN session, and has been for
about month. Not one word has
come from it, There have been sug-
gestions that Congress shall be asked
to appropriate the money to pay the
claim. but this is generally regarded
as another move for delay. so many
of which were practiced during the
long course of the negotiations and
litigation. No one seems to think that
Congress would consider paying West
virginia's debt.
Every effort made by Virginia dur
, ing forty years to secure a settlement
Of the proportionate amount of the
debt of the State when West Virginia
was created in 1853. by compromise.
! failed dismally. At each recurring sss-
sion of the West Virginia Legislature
there was a rush the opening day Il see
which member could get first to the
clerks desk with a resolution setting
| forth that the State owed Virginia
nothing At last this Commonwealth
sued in the United States Supreme
Court, claiming West Virginia should
nav one third of the bonded debt as
| It stood in 1861, of which the counties
included in the new State had received
their proportionate part in public
works.
Tired of reliance upon the honor
and constitutional obligations" of West
virginia. the debt commission VIII
probably soon ask for final Judgment