The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1914-03-05


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cessful attempts made to- bring about
asettlement between the representa-
tives of the two states and outside of
the courts. Attorneys for West vir-
ginia demurred to the bill, which
was subsequently oycrruled and an
swer to the bill of complaint was
then filed by the younger state. The
case was then referred by the SUI
preme Court to ex-Congressman Chas.
Il. Littlefeld, of Maine, as the special
master, who was directed to take evil
dcnce under seven different and spe-
ciflc propositions.
Special Master Littlefeld, after ex-
haustive research into the case. filed
lis report with the court on Marcn
~. 1910. The master did not find
specifically that West Virginia owed
any part of the debt or how much she
owed, it. being his duty only. to find
certain specific facts and informal
tion from which. the court could as
certain Nthe status between the two
states. 4
In the opinion of the Supreme
Court following the report of the spe-
e:al master, the liability of the two
states to pay was based upon the as
sessed value Of the property in each
and the court did not find the as
sessed value as of January /, 1861,
tile date when the amount of the debt
was fixed, but thirty months later
when Virginia had lost large por-
ton of her property, including all
her slaves, by the Civil War, there
by throwing upon West Virginia a
much larger percentage Of the total
than would have fallen to her share
had the assessed property been taken
as of the earlier date.
The basis found by the court in
this decision was a great surprise to
West Virginia. The attorneys rep
1esenting the defendant state had
proceeded upon the supposition that
West Virginia's share OF the debt
was TO be ascertained according TO
tie 9th section Of the Wheeling ordi-
nance Of August 20, 1851, wherein it
was declared that 1.-THE new state
shall take upon itself a Just proper!
zion of=the publicsdebt of the Com;
monwealth 0, Virginia prior to the
LIST day of !: January, 1881" this
amout to be ascertafned by the legis-
lature of the new sstate!S Justice
Holmes declared that the ordinance
was not in the case and laid down. an
entirely different basis for comput-
ing the apportionment of the debt.
The proposition admitted by the
West Virginia Debt Commission to
the Virginia commission is based
upon report made by the sub-com->
mittee of the West Virginia commits.
sion, which was adopted by the full
commission in Charleston on Febru-
airy 2Sth. The subcommittee, which
was composed of w. D. Ord, chair
man, U. C. Young and w. r. Ice, Jr.,
acted in conjunction, with Governor
Hatfield. Attorney General Lilly and
Tax Commissioner Blue in going. over
the reports made by the accountants,
after tie research made into the old
acts efxthet Virginia, legislature per:
tanning to the Investment in which
West Virginia now claims a common
interest. The report of the sub-com-
mittee made al specific recommended
tion as to the amount of indebted
ness Of, West Virginia insthe virginia
debt, this being placed at Ess,S27,-
1923.
The resolution of tie West Viz
sinia commission reviewing the ne
sotiations in the matter and offering
the'specific amount for settlement, is
as follows:
Whereas, The Supreme Court Of
the United States by its opinion rem
dered on the, 9Th day Of March. 1911,