The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-12-16

u esl & 81 Y f45
DAILY TEL EGRA. SAT
every man, woman and child IN the
state. a purely business propoai-
ton has been made the fotball OF
partisan politics too long. Probably |
will take up less space by writing I
a short answer to a few fundamental |
questions that seems to have con-
fused over over-taxew legal Fraternity
and editors In the state. Was the /
suit Of the certificate holders Just
suit? Suits ut law are always just, |
and besidcs the state refused to buy
these certificates at a few cents ont
the dollar, when they were offered
by syndicate OF 1lo!derG. Was the |
'decision Of the supreme court Just?
no, the decision was rendered ontlie |
letter OF the contract and the justice
and equity OF the cause had little in
lfucnce
Was the decision a Judgment? Ger
tainly. and Judge Hughes did not
write the decision. as it was decided
before he went on the bench. and il
Judge Hughes had not have consent
cd to open the case on the grounds
of new discovered offsets on the part
OF the state. we would have been
three or four millions to the bad
But was the decision Judgments
! Certainly. II was a friendly sult be-
tween sovereign powers. and the or
! binary language of a judgment was
! not proper In the presence of n states
| honor and dignity The very intma-
ton that this court finds West Vir-
\ Einia indebted 10 the mother state,
1 with the suggestion that the two soy
ereign powers get together on the
| question of interest on the sum in
volyed must be Judgment subject to
execution.
Can the supreme court execute its
/ DEGREES? Some of our leading law
/ yers and editors say no to this ques-
! ton. They arc forgetful Of the fact
\ that this court has never failed yet
Ito execute judgment. If the com
ing legislature fails to make a levy,
/ or provide for the payment OF this
!. debt. will il not violate the mandate
Of our highest court? The law-inak-
Ling body Of our state government
Will he adjudged in contempt What
then? I can only think Of Canada Or
MeXfco. and nobody wants to so to
MEXICO j know II wont do to quit
itlle job and 70 to Ohio and I do
know there viii never be a mo mans
Hand" in these United States. Will q
writ OF mandamus Issue? Certainly.
PLENTY of precedents for such action;
Fl one right here in Harrison county.
# I'll an. not mistaken the town council
Eof Lunlberport refused to lay n levy.
q writ of mandamus was issued by
Z Judge Lynch of the circuit court: the
levy was laid as directed by superb
or tribunal. and If any lawyer knows
4 what would have been the judicial
y procedure Of our circuit court il the
levying body in the municipal gov
crnment of Lumberport would have
treated this writ with contempt, then
Il that lawyer must know in a small
way what will be the procedure of the
ii supreme court If our legislature re-
fuses to honor the decree Of the SUI
Il preme Court Of the United States.
+ Whatever may happen in disposinS OF
1 this all important question, hope to
1 see the people OF the state stand as
a unit. IL the people of the state re-
ipudiate the debt at the point of exc
lcution by Offering violence to the
fellow who would put bid on state
! property, ] want to see no division.
Shall the debt be paid during a long
term OF years by creating a sinking
ifund with an interest charge of over
iS1, 600 a day looks like poor busl-
\ ness. a production tax on the min
IcraI resources of the state looks like
4 lSlIeE DGOpOSlIIOIl.lf@ lie ISSOAOI4O44EO "
senator Chiffon giving Virginia the
right to bring suit for its share in the
proceeds of the Northwest territory
ihas more merit than many Of our
I.people were willing TO concede, for
Temporary reasons.
If this resolution passes the Cons
gress it will give. our state two chanc-
les instead OF one. / think it would
I8n.ore fully open the doors to West
/ Yirginia's birth rights. and the forces
\ that. controlled at the time Of the sep
/ aration. The formation Of the state
/ was military necessity. 1t was the
4 gateway between the North and the
South.
The first land battle of the Civil
war was fought on its soil. Nine
Il tenths OF its people voted againstIthe
of secession. 1t was aided
Ito a separation from the mother state
/ becauses of the protection that separa-
Il ton gave the federal government.
N have thought out several ways OF
III lfQufdating this debt if it must be
+ paid Here is one of them. Levy a
special tax on all the property in the
! state strong enough TO pay tie prin-
cipal and interest on the same from
the date Of the first decision OF the
court. Make it high enough to pay
'E9tIlis part of the claim in one or twc
years, and rest the balance on the
first decision of the court; West yir,
. : u