Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-05-17
TO FORCE PAYMENT
BY WEST VIRGINIA
State Will Apply to United
States Supreme Court for Exc
cution of Judgment.
FORMAL NOTICE SERVED
Seeks to Levy on Public Property
to Collect Sl2,OOo,0Oo Due
This Commonwealth.

Proceeding on a new and final tack
to secure the settlement Of the si2,-
3s3.s2s.5o Judgment rendered against
West Virginia in favor of this State
last June by the United States Supreme
Court. Attorney-General Pollard, by
deputy. yesterday served notice in
Charleston, w. Va. upon Attorney
General a. A. Lilly, OF that State, that
he will on June apply 10 the Supreme
Court for writ Of execution directing
the marshal Of that court to levy upon
the property Of the State of West vir-
ginia for the satisfaction Of the Judg-
ment
a telegram received by the Attorney
General yesterday from Samuel w.
Bigger, who was detailed to serve the
notice. brought the information that
the papers have heen served, and that
the Attorney-Generalo Of West Virginia
is now .apprised OF the drastic step
that has been determined unon.
MUCH DOUBT SURROUNDS
METHOD OF PROCEDURE
If the Supreme Court grants the At
torney-Generars motion and enters an
order directing levy on West Vir-
ginias public property TO satisfy its
Judgment, the marshal of that court
VIII be called upon 10 sell. in the man
ner prescribed by law, enough Of the
States property TO make good Nir-
ginia's claim. Such a proceeding
would he without parallel in American
history. and would establish new
definition Of the sovereignty relations
existing between the Federal govern
ment and the constituent States
The whole proceeding is hedged
about with doubt. Constitutional au-
thorities differ as to the power of the
Supreme Court TO resort TO actual levy
and sale of State property to compel
compliance with it's rulings While
the Constitution makes the Supreme
Court the tribunal for the adjustment
Of disputes, between States. il nowhere
specifically describes the machinery for
enforcing its decisions in the event
they are ignored.
COURT HAS POWER TO
ACT, ASSERTS POLLARD
In the opinion OF -Attorney-Genera
Pollard, IL is absurd to assume that
the Supreme Court of the United States
has devoted months of hard work to
for the purpose of rendering an empty
decision.
The question Of the courts authority
to enforce any order il may enter waH
raised nine years ago" said MIR. Pol
lard yesterday. Former United States
Senator Spooner. then one OF the coun-
sci for West Virginia. demurred to the
petition OF the State OF Virginia, rails
ing, among other objections. the point
that the Supreme Court is without
Jurisdiction, and could not enforce a
judgment against West Virginia should
an adverse verdict be reached Chief
Justice Fuller. dismissing the de-
murrer. replied in effect that the Su-
preme Court would find way to en-
force its orders.
THE Supreme Court is designated
by the Constitution to adjust disputes
between States 1t is a court, and not
a board Of arbitration. The right to
adjudicate implies also the power to
enforce its judgments. Without such
power. the judgments of the Supreme
Court would be empty and without
meaning"
TOTAL INDIFFERENCE
TO vIRGINIA'S CLAIM
The decision to apply for a writ Of
execution was reached few days ago
at the end of n series of conferences
in Philadelphia and Washington be-
tween members of the Virginia Debt
Commission, Attorney General Pollard
and Attorneys John G.. johnson and
bondholderS.
1t became clear to the Virginia au-
thorities that West Virginia had en-
tered upon policy If ftotal.ndfference
TO the claim, and that to expect that
State TO take the initiative in bringing
about satisfaction of the judgment
was futile. There followed the final
conferences OF the last few days with
the decision tn seek further relief at
the hands of the Supreme Court
Although 1t has been almost year
since the Supreme Court adjudgcd West
Virginia to be indebted in the sum of
more than s12.000.0oO to the bond
holders represented by the State of
Virginia, the debtor State has taken
no steps looking TO the satisfaction OF
the Judgment. Its Legislature ignored
the matter entirely, and it's public men
have on numerous occasions expressed
their Indifference to Virgiuia's claim
In later weeks letters from the Vir-
Einia authorities addressed to West
Virginia officials in connection with the
debt controversy have not even been
accorded the courtesy of II reply.
JOINT CONFERENCE IS
NEVER CALLED TOGETHER
With the Commemorative applica-
tion for 4 writ OF execution will be
filed the correspondence that has
passed between Chairman H. H. Down
ing, Of the Virginia Debt Commission,
and Governor II. p. Hatfield. of West
Virginia. This covers n period from
October l9, 1915. until December 6.
1915. and relates to the proposal of
the West Virginia commission that
another Joint conference be held for
the purpose Of discussing the Supreme
Courts Judgment. The conference was
never held. a letter addressed by Mr..
Downing to Governor Hatfield on De-
cember s. 1915. asking for an early
reply with information as to the sug-
Eested conference, was never answered.
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