The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-03-05

20 iss3-the date Of the admission OF
West EirEinia-ss the proper time.
Referred 20 Master.
The supreme court At hat time.
hen Suggesting q conference b..
tween the tao states. declared that IN
the event OF a failure of negotiations
between the states involved. that nee.
~e-sarily the matter would have to b.
referred back TO a special master 70
ascertain II any credits were due. az.
cording TO the Interpretation placed
upon the opinion BY the West Virginia
officials.
The counter claims presented by
West virginia to-day. which are based
upon suggestions made BY the 81
preme court. are the result of WORK
OF accountants employed by West Viz
Elnia who spent several months bur.
rowing into the archives and records
at Richmond. unearthing the credits
now claimed by West Virginia
II II provided in the proposition
submitted TO the Virginia authorities
by the West Virginia commission thu,
IN the event OF the acceptance OF III.
oner Tor a final settlement of the con.
troversy. that the latter commission
VIII al once report h fact TO the
governor OF West Virginia who. under
rs resolution of the legislature Great.
INK the West Virginia commission
VIII the legislature of the
iatter state In extra session for the
purpose OF adopting or rejecting the
proposition. and. n ratified. to provide
funds without delay for payment OF
the amount agreed upon
The West Virginia commission WAS
appointed by Governor Hatfield last
March. following his inauguration,
n has worked diligently in the prep.
afatfon OF a proposition TO submit "a
the virginia commission in harmony
Win the suggestion OF the supreme
court In the opinion rendered in 1911.
The commission consists of John W
Mason. chairman: W. r Wells. Henri
Zilllken. j.. a Lenhart. w. 7. Ice. a.
q Young. Joseph r. Chiffon. X. J. A
. foreman. John NJ. Hamilton. w. ID
Ord and Joseph r.. Miller.
Goes Into Court.
m litigation between the two
: states was begun by Virginia when
the bill OF complaint was fled In the
Supreme Court OF the United states
on February 26. 1906. This action
was taken following un
successful attempts made to bring
about n settlement: between the rep
resentatiyes OF the two states and
outside OF the courts. Attorneys for
west virginia demurred TO the bill,
which was subsequently oyerruled
and answer to the bill OF complain,
was then filed by the younger state
The case vas then referred by the
supreme Court TO ex-Congressman
Charles r. Littleheld. OF Maine. as
the Special Master who was directed
10 take evidence under differ
n n specific propositions.
Special Master Littlefeld. after Ell
haustive research into the case. filed
his report with the Court on Marcf
IL, 1910. The Master did no nnc
specifically that West Virginia owed
any part OF the debt or how much she
owed, 1t being his duty only TO fnd
certain specific facts and information
from which the court could ascertain
the status between the two states.
Based on Assessed Value.
In the opinion OF the Supreme Court
following the report of the Special
Master, the liability of the two states
TO pay was based upon the assessed
value of the property in each and the
court did not find the assessed value
the amClnt OF the debt was fixed. bui
80 months later when Virginia had
lost n large portion of her property
including all her slaves by the Civil
War. thereby throwing upon West Vir
ginia a much larger percentage OF thu
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 representing
the defendant state had proceeded up
on the supposition that West Virgin
las share OF the debt was to be ascer
tanned according to the ninth section
OF he Wheeling ordinance of August
20, 1861, wherein IL was declared thai
the new state shall take upon itself
a Just proportion Of the public deb.
7 OI Tho Amman wealth nF Nfrofnf. milo.
TO the LIST day of January. 1861" this
moun TO be ascertained by the Leg
1sh OF the new state. Justice
Holmes declared that the ordinance
was not in the case and lad down ar
entirely different basis for computing
the apnortionment of the debt.
West virginia's Proposition.
IN proposition submitted by thu
West virginia Debt Commission TO IN.
Virginia Commission s. based upon a r..
port made BY the subcommittee OF IN.
West virginia Commission which wa,
adopted ~ the full commission In Char
lesion on February ~. The sub-com
mtttee. which was OF W. II
ord. chairman. q. G.. Young and w. r
lce. Jr% acted in conjunction with Gov
crnor Hatfield. Attorney General LIN,
ana Tax Commissioner Blue in goin,
over the reports made by the account
ants. after the research made into IN,
ola acts OF the Virginia legislature per
tanning to the Investment In which W.s
Virginia now claims p common interest
ihf report or the subcommittee made
specific recommendation rs to tn
amount Of Indebtedness Of West Vir
Etnta In the Virginia debt. This bsIni
placed at S2.327.1gJ.2S.
n resolution Of the West virginia
commission reviewing the negotiation
IN the matter and offering the speciOD
amount for zsttl.ment. u as follows:
Ths Resolutions
whereas. The supreme court Of tn
I nitcd states By It's opinion. rend.re,
ON the 9Th day Of March. 1879. In IN
case Of the Commonw cnIth Of NtrrinI
versus state Of West Nirginia. asccr
tanned the gross indebtedness or tho oil
commonwealth Of Virginia. to the nav
msnt 81 which the state OF West Vir
Etnta should contribute when an eouits
bic proportion. to be Sg0.gGg $50 I'd 100
y. =. pare ~: and.
whereas. In Of the re1s
i've resources Of the two debtor pouuta
ton. N~irginiT'z portion Of said debit va
ttNcd az 1851 and West Nirginia's sbsr
at .2Hs: end.
Whereas. As the record or the csus
men stood there appeared 10 be n,
stocks Of value on hand that could n
treated ss assets. ana q proper prnpor
ton thereof applied Co the reduction %
the claim against West Virginia ft
equitable proportion 81 the principle %
said debt tsubiect TO the correction q
,lgrica crr0rHl was fixed 90 SIS.
5nTf6. and.
| Whereas. since the announcement, a
INC opinion aforesaid and since tho iotr
tnnIercng" N the Virginia and Nest Nif
tinlH b'hf t"mnissious held ~ Wash
lWEtur ON the Isth dar Of TuIv fqf.
. NL"" HLH" I#.L|LL LA.