West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1915-09-16

ties OF the old state ia the creation of
the debt, and In her bargaining with
the Wan Street gamblers in the insti-
tuition OF the suit recently decided
against West Virginia. is the conten-
ton of the Hon. Septimius Hall, whose
letter on the subject to John r. Harris
was published in Mondays issue OF the
Register. Mr.. Halls view of the facts
upon which he bases the charge
against the mother state Is not only
that of a clear-headed lawyer. but
also that of the youngest, and one OF
the five surviving delegates to the
West Virginia constitutional convep-
ton of 1872. 1t was inquiries from
Mr.. Harris concerning the Significance
OF the action OF that convention on the
subject of the Virginia debt that are
responsible for Mr. Halls most inter
esting and Illuminating paper.
The first constitution OF the state
| provided in section 8, Article VIII for
the assumption by West Virginia OF
IAN equitable proportion OF the public
debt OF the commonwealth OF Virginia"
| prior to 1861, and further provided
that the legislature shall ascertain
the same as soon as may be practical
bic and provide for the liquidation"
| thereof. In the convention of 1872
| Judge Woods. of Barbour county. Of
fered a resolution declaring that West
| Virginia owes no part of the public
debt OF Virginia, and providing for
striking section out of the constitu-
ton. This resolution went to a COM
mittee which in its report to the con-
vention struck out section s as refer
red, but retained section OF the old
constitution which reads: mo debt
shall be contracted by this state. ex-
cept to meet casual deficits in the rev.
enue, to redeem previous liability of
the state, to suppress insurrection, re-
peal invasion or defend the state in
time of war"
| The question arises as to tho. inten-
ton OF the convention in striking out
the provision for payment by West
Virginia of her equitable proportion"
or Virginia's debt, and re-adopting sec
ton 4, in which occurs the phrase ito
redeem a previous liability of the
state" which is the only language In
the constitution that might be CON
strued as provision for paying part
OF the public debt of Virginia.
AS Mr.. Hall was a delegate to the
convention OF 1872 he can speak with
uathority as to the views and pur-
poses of that body. He declares that
1t was the fixed opinion of the men i'm
the convention, some of whom had
held office in Virginia for many years.
and who knew all about the Virginia
debt, that Virginia after passing her
refunding act in 1871 never intended
to ask West Virginia for settlement
of the one-third part which she arbi-
trarily set aside as West Virginia's
share. 1t was because everybody
thought the debt question was settled
as far as West Virfinia was concerned
that section 8, Article VIII was omit
ted from the constitution of 1872.
The leading men of the two Vir-
ginias well knew at that time that
West Virginias equities in the debt
matter were, and Virginia dared not
institute a suit for settlement. as il
was realized that her inequitable as
signment would not stand in court.
But while the people of that day be-
lieyed the Virginia debt matter was at
an end, says Mr.. Hall, 1.-THE debt aues-
ton lacked final legal settlement: -
therefore the words ito redeem a pre-
Vious liability of the state" were re-
tanned in the constitution as a provis-
ion for any possible future contin-
gency.
Mr.. Hall argues that subsequent
events have justified the belief of
members of the convention of 1872 as
to Virginia's attitude toward settle
ment of the debt question with West
virginia The spectators holding the
debt certificates importuned the moth
er state to permit the use of her name
in suit against West Virginia but
it was not until 30 years had elapsed
after the passage of the Virginia re-
funding act that such consent was Civ
Ell, and then only on condition that
Virginia be forever relieved from fur
ther liability on account of the So
called West Virginia certificates. Be
sides, Virginia was led to believe that
her interest in the recovery would be
from six to nine million dollars. go
the suit was not so much for the ur-
pose or obtaining a settlement honor
able alike to both states" saws Mr..
Hail. but actually for the purpose of
extorting from West Virginia, right
fully or wrongfully, all the money
possible, taking advantage OF the many
years that had elapsed since the oc-
currence creating the debt, destroying
very largely the evidence of West Viz
ginia's equities in the premises"
A very serious charge. indeed
against Virginia. but the facts as set
forth by Mr. Hall seem to fully sustain
| Wheeling Register.
| -sk-
The Festive Farmer.
Farm life is an ideal life" says