Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1916-04-29

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States, asking that the debt question
be Investigated and determined.
The state of West Virginia appeared
as defendant and employed able coun-
sci at great expense.
The court on the questions arising
in the case, determined that it had
jurisdiction under the constitution of
the United States and proceeding to
settle the questions submitted upon
the law and the evidence, finally on
June LIST, 1915, entered the following
judgment:
That the complainant Com
monwealth of Virginia recover Of
and from the defendant State of
West Virginia the sum of $12,-
393,929.5O, with interest at . per
cent from July l, 1915"
At a meeting OF the West Virginia
Bar Association held at Clarksburg
on December 29th and Goth, 1915, a
paper was read before the associa-
ton by eX-Judge Thomas F. Jacobs
Of New Martinsville, on the subject
AS a legal proposition, has the Su-
preme Court of the United States pow
Ter to enforce the decision against
West Virginia in what is known as the
Debt Case?"
In thic tho nd 20.
the conclusion that the Supreme
Court would not, or could not under
take to coerce the state of West Vir-
ginia by the enforcement of said judg-
ment, and to do so would be revolu-
tionary Why such a subject should
have been chosen for discussion at
such a time before a body of repre-
sentatiyes lawyers of the defendant
state was something of a surprise to
lay circles, and we think, to mem
bers Of the association themselves.
We note that when the paper had
been read in the discussion following
that all Of the lawyers who spoke up
on the subject disagreed with the con
clusions of Judge Jacobs.
They not only took issue on the con-
illusions he reached as to the want of
power on the part of the Supreme
Court to enforce its DEGREES, but some
Of them disapproved of the precipi-
fancy of such subject at this par
ticular time before such a body. To
quote the language of one of the prom
inent lawyers speaking in opposition
TO such conclusions-''it occurs to me
that the logic of the distinguished
judges paper is vicious"
The trend of all of the members dis
cussing the proposition was that even
if his views were correct, the state
of West Virginia had had its day in
court had been heard and was in
honor bound to abide by the decision
We regret that that distinguished |
body of representative lawyers did |
not vote upon the question at that
and thus stab the spirit of
reputation in its infancy
Having cited the above as prelim.
mary to what we desire to say, we
are more than surprised to find in the
April number of The Bar" purpose /
to establish what that journal denom- |
mated as "Symposiac." AS we under
stand THE Bar" is the official jour
nal of the West Virginia Bar Associ- |
alton under the editorial charge of !
the executive council thereof, and is
supported by that association and |
that what line of thought it follows is
presumed to be the line of thought of
the members composing the associa-
ton. This article alluded to was
headed, "A Symbosiac of what is the
proper attitude of the state of West (
Virginia to the Virginia debt cause"
and Judge Jacobs, who delivered the
paper before the Bar Association mega
living the right of the Supreme Court |
10 enforce its judgment, is called up
on for the first paper on several fea-
lures of the case with the assurance
that the pages of The Bar" will be
freely open to him for as much space
as he will require, and Judge Jacobs
who is thus invited without limitation
as to space to spread his views to the
people of the state through the med
um Of the official journal of the West
Virginia Bar Association, is request
ed to respond to such queries as the
Do you concede that Virginia is
not a party in interest in the debt
case? That she lent her name to in
iividuals? That it was not a suit
between two states? That the claim
ascertained, fixed no liability upon
West Virginia?
If you concede the above, do you
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