Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1916-06-06
Wants Supreme Court to
Levy On West Virginia
For Amount
RIGHT is QUESTIONED
Powers of Highest Tribunal at Issue
In Dispute Over Debt of Younger
to Older State

Washington, June 6. - Drastic
steps to compel the State OF West
Virginia to pay the $13,OOO,O0o judg-
ment rendered against it in the final
adjudication of the 50year-old Vir-
ginia debt controversy were taken
Yesterday when Acknowledgement
John Garland Pollard, representing
the Old Dominion Commonwealth,
asked the Supreme Court OF the
United States to iss.te writ OF exc
cution, directing its offices to levy
on all property Of the younger state
in order to collect enough money to
satisfy the claim.
Stripped of its legal terms, Vlr-
pinia's action means she wants the
Supreme Court to seize and sell on
the auction block the property hold
;nps of West Virginia until enough
funds are raised to satisfy the judg-
ment.
No sooner had Virginia presented
her request than Assistant Attorney
General Lively, of West Virginia. nj
ed another petition, virtually chal-
lenging the power Of the Supreme
conrt to force one state to pay pc
cuniary judgment to another state
He therefore asked that the Virginia
petition be dismissed. The action
taken by Virginia, which was follow
ed by West Virginia's counter-move
caused surprise in Washington, as 1t
was not anticipated that Virginia
would seek compulsory collection
of the money nor would West Vir-
cinia assert that the Supreme Court
lacks authority to compel her to pay
The Supreme Court in June, 1918,
handed down a decree holding that
West Virginia s''ould pay its share
of the old Virf MIA debt. 1t held
that approximately s13,OOO,Ooo was
the amount.
In asking the court to resort to
compulsory methods for the collec-
ton of the judgment, Attorney-Gen'
eral Pollard, in his petition, told the
court that Virginia has exhausted al
peaceful means looking to mutual
satisfac'ion of the claim. He sets
forth that West Virginia has prac'
tically lguored all efforts to adjust
the judgment outside the court, ant
that Governor HatfeIc, of the young
er state, has refused to have any
further correspondence with the Vir
ginia debt commission, thus compell
ing Virginia to appeal to the cour'
for an order to enforce it's decree
that West Virginia shall pay it:
share of the state debt.
West Virginia, in asking the dis
missal of Virginia's petition, pre-
sents three reasons. 1t first declare:
that West Virginia "has no power
to pay the judgment except through
the legislative department OF hel
| government, and she should be glvel
an opportunity to accept and aola'
! bv the decision of the court, and II
due and ordinary course to make pro
vision for it's satisfaction before any
steps looking to her compulslon arr
taken. and to issue an execution a
this time would deprive her of suci
opportunity, because her ,Leglsla-
ture has not met since the rendition
of said Judgment and will not again
meet in regular session until the sec
ond Wednesday in January, 1871"
It is also contended that the Stat
of West. Virginia "does not own an.
property except what is devoted t.
public use, and none of the propert:
so devoted may be levied upon o
sold under such execution"
In it's third contention West Vir
ginia expresses doubt as to the juris
diction of the Supreme Court to fore
pavment. 1t contends that the Vii
i mia petition should be dismissed
"heca,se Section 2, of Article II.
of the Federal Constitution, confer
ring jurisdiction upon this court t
determine controversies between tw
ore more States simply referred t
the judiciary the settlement of tn