The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-06-20

<s.ra.l 70 mig rE..rse>.,
WASHESGToN. D. c.. June IL
$50 faras West virgtnfa.s liability to-
pay twenty-three and one-thtrd per
cent Of the Virginia ante-belluu
DEBT the final decision of the United
States supreme court in the cele-l
DRAFTED suit between the Two Viz
SEaniass shows that the court settled
that issue permanently and concius-
frety In its opinion OF October, 1916
a1fhough there was much contention
contrawfse at that time and subse-j
squent to that time.
IN that opinion the court said:
Taking .235 as representing the pro-
portion of West Virginia we have
37.182,507-46 as her share OF the
principal debt" And in its opinion
of last Monday the court adhered to-
that figure, but allowed West Vir-l
gdnfa credit OF S2.966.885.15 on
her subsequently discovered assets
In which she claimed a share and
which contention the court upheld
This leaves West TirS3nia's share on
the principal 81, 215.622.21.
The chem struggle between the lit-l
fgants IN the closing chapter of this
famous case was over the question OF
Interest, and It is upon a discussion
OF that issue that the larger part OF
the 1900 word opinion of the;
court. has to do. Lengthy though 1T
be. the courts view Of 1t is assured-i
" clear and Its opinion that West
Virginia owes interest and must pay
It at the rate OF three and four per
cent to July 1. next. and after that
at the fat rate OF FIVE per cent until
the Judgment Is paid of, Is stated
with almost grim emphasis
In It's opinion Of October, 1910, thei
court stated: 3As this is no ordin-i
airy commercial suit. but. as We.
have said. quasi-nter-national dlf-t
ference referred to this court in rel
lance upon the honor and constitu-
ttonal obligations OF the states con-
scerned rather than upon ordinary
remedies, we think it best at this
stage to go no further, but to wait
the effect Of a conference between
the parties, which. whatever the out
come. must take place. II the cause
should be pressed contentiously toll
the end, it would be referred to a
master as might Income necessary
But this case is one that calls Tor
forbearance upon both sides. Great
states have a temper superior to that
of private 1itigants. and 1t IS to bel
hoped that enough has been decided
for patriotisnS. the fraternity OF the |
Onion. and mutual consideration to
bring 1t to an end"
Compromise Opportunity
The opportunity here given for al
out OF court. while more |
or less reluctantly acted upon came
to nothing. as did the hopes OF an
amtcable settleemnt expressed by the
court West Vfrginia,s commission
offered to settle for practically sci
100000 principal, interest and all i
but Virginia with verdict already
practically certain Of over S7.00o,-I
900. with the question OF interest yet
to be determined. refused the offer
of her unfi1ial and war born child
The case went to grips for the
final and decisive round with West
Virginia conceding an obligation OF
about S2,5oO,O00, but fighting thel
payment OF penny's interest with
all strength of her resourceful legal
array Vnginia's lawyers, backed
up by the courts opinion Of October
1910. felt and displayed sense OF
security as to the matter of IAN
equitable proportion of the pricipal,
and a1l-fmportant. over-shadowingl
stake for which they played. and
against which their opponents made
attack after attack. The question of
principal was comparatively Speak-l
ing, small affair. compared to eS-l
est, as Is shown by sums fixed by the |
court for West Virginia to pay by the
first day Of next month, to-wit: her
share of the principal, s4.215, 1922;
Interest on that sum Of three and
four per cent from January i. 1861.
to July /, 1715. .SS,1TS, 307-22: total
principal and interest to the latter
date, 81. $3.50. theswho1e sum
to be paid by July / next, or drawn
Of iva onf g
Hquidated-
Despite the fact that the court in
its 1910 opinion characterized the
suit as mo ordinary commercial
suit it Is observed by lawyers in
touch with the history OF the case
since It was Instituted IN the sui
:preme court IN October. 1905. byi
Virginia, that the court handled the
case very much as one between two
Question Of contract was involved
and towhich no statute of limitations
applied TrsS was plain in the final
opinion the way the court handled
the question of interest and the bear
Ing OF the debt clause in West
yfrginia's constitutional con-!
tract betxeen the states Thisi
clause was the thing with the
court from first to last In this long
drawn-out and notable suit Ali
though the attorneys In their argu-i
ments, especially the defendants. lost
sight of this contract. the court
never did. Members Of the court con-
stantIy referred to it when. at times.
st appeared to be getting lost in the
fog Of other arguments 1t was para
mount and pivoted in the suit at all
times, and pre-eminent at the climax
Celebrated Clause.
This Is the celebrated clause in
West yirglnia's constitution An
equitable proportion Of the public
debt OF the comn7nwealth OF yir-i