The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-06

10 pay interest II she refused to pay
the actual amount due from her.
We feel confident that Il can he
shown to the Supreme Court of the
United States that West Virqinia has
not received in the masters present
findings full credit for the value OF
the assets January /. 1861, and thai
interest cannot. in equity, be charged
against West Virginia until the actua
amount due is determined.
Not Responsible.
The view OF West Virginia upor
the subject OF interest is that she il
not responsible therefor. for the fol
lowing reasons:
First-Because sovereign
state is not chargeable with inter
terest In the absence OF an ex-
press promise TO pay the same.
Second-Because interest is
not chargeable upon unliquidated
or unascertained amounts.
"Third-Because Virginia. in
addition to all the stocks and 9th
er securities hereinbefore de-
scribed, and by the masters re-
port now apportioned for the first
time between the two States. sue
ceeded TO practically all the pub
lie buildings that had been con
structed prior to the separation
OF the two States.
Fourth 49, Because although
West Virginia has been given her
credits as of the first day OF Jan
uary. 1861, Virginia has been en-
Joying the usufruct thereof dur
ing the whole period from then
until now, or from that date until
the time when they were dis
posed OF by Virginia without the
knowledge or consent Of the State
OF West Virginia; and.
"Fifth-Because It has not been
West Nirginia's fault that this
controversy has not been sooner
settled"
Partial Victory.
The Governor adds the case will moi
come up for final hearing before the
Supreme Court upon the report OF the
master. and while he deems the cred
Its conceded West Virginia a great
victory for the State. yet there Is
much work 10 be done. and he urges
there should be some person. commits
sion or body vested with full power BY
law to properly carry II on. and with
sufficient funds for that purpose.
The governor goes on to say that
he Masters findings have reduced the
principal Of the debt to S4.3I4.O0O. hut
lNTauN UfWufwfa L.
credit.
Says the Governor: 1T is Just as
much an act OF perfidy and disho1Or
10 pay an unjust debt as II is to re-
Dudiate an honest one. and I believe
hat when we are given the equity We
ire entitled to receive. we will owe
no part OF IN Virginia debt and II any.
indeed II will be infinitesimal as com
pared with the enormous figures made
by those who nave been trading ana
in these stocks. botn IN
md out OF the United States. and paw
ng on the market anywhere from two
10 ten cents on the one hundred. n
West Virginia must pay interest she
must have 23iS per cent Of the dlvi.
sends that accrued from these prop
srties after 1861. She Is also entitled
10 23ih per cent Of S4,5O0OOO. which
vas paid by the whole people in the
investment OF state buildings and
state lands and other necessary
for the development as well
ss the existence Of the common
The governor suggests that West
may have an interest with
he thirteen original states TO a con-
iideration from the Federal govern.
nent for the Northwestern Territory.
but adds that such is matter for the
.uture and Il not vital In the present
suit.
No Litigation.
The message points out that the praa
mt commission was created only with
power and authority to negotiate and
make recommendation but was moi
authorized to conduct litigation in tho
past. or given any authority 10 do la
I'M the future. tie. therefore. recon-
nonds that the present commissiop b.
relieved and that new one b. sro
iuiuted. consisting % fewer MEMBER
authorized 20 do whatever NAV DO
necessary In the premises. and that
sufficient funds be- appropriated. com
D'nsailnE them FOR theft services and
10 carry on litiRationa.
The Governor commende OH those
who have assisted in the case. end
concludes by saying "The most inn
Dortant part OF this LITIGATION be- O..
come In the future. and the con4titr
lion makes your honorable body 70
iponslble I'm dealing with this matter .
Appended 10 the message Is Do
tailed statement % the egpendifBre.
20 GATE of the state in the virginia
lcbt litiFauon. the toal OF which "a
s5s.11afl, which includes S25.sOl 0f
pald on Of hts contingent FUND AMI
il1,sZ14l which remained a. baI
,nre from the 1912 appropriation ol
5000