The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-02-24
west VIRGINIA WILL
FIGHT MANDAMUS RULE
Legislature Passes Resolution Looking
to Continuance of Its Policy
Of Delay.
SHERIFF MERCER'S WORK
WILL BE COMPLETED TO-DAY
Service of Court Papers On West Vir-
ginia Lawmakers Has Been Greatly
Facilitated BY Uniform Courtesy Of
OniCiais.

~
yesterday afternoon by Attorney Gen =
ersl John Garland Pollard from J. Her
bert Mercer, the city sheriff and his
associates who are serving writ orders
on the West Virginia legislators. have
been meeting with splendid success and
expect to complete their work by this
morning.
Sheriff Mercer stated iu his telegram
that the work of the Richmond delega-
ton has been greatly facilitated by
the courtesy and cooperation of Gov
ernor Hatfield, Speaker Hammond OF
the house OF delegates. President
Goodykoontz. of the senate; Mr. Halla =
han. secretary to the governor, clerks
and sergeants-at-arms.
1t s the desire of the West Virginia
officials to have every member OF both
branches served with papers. and those
on whom they have not been served
are out OF the city. However. the ser
vice is expected to be completed not
later than midday today.
Attorney-General Pollard will doubt =
less telegraph Governor Hatfield
thanking him and members OF both OF
tie legislative branches for the hos
pitable manner in which the Virginia
delegation was received.
That West Virginia viii further con-
test the suit instituted by Virginia and
make defense against the rule Of
mandamus in the supreme court of the
United States in which cause must he
shown why mandamus should not lie
against the members OF the Legislature
looking towards raising levy to meet
the Virginia debt jud gment was made
fact when the West Virginia senate
Joint resolution was passed and sent 70
the house
The resolution also provides for the
calling of special session of the leEis-
lature II ii is not in session at the time
Of the rendition of the courts judg
ment upon the mandamus. whether the
judge is favorable or unfavorable TO
the state of tSlrsin!a-----------
Text Of Resolution.
The following is the text OF the reso-
luton:
Whereas. the supreme court OF the
United States. at the suit of the com
'non~ ealth of Virginia vs the state Of
West Virginia, on June IA 1915, en-
tered a judgment in favor of the state
Of Virginia against the state Of west
est thereon from July l. 1915. until paid
at the rate Of per cent per annuni
and,
Whereas the senate and house OF
delegates has each for itself. at the
first regular session OF the Legislature
happening after the rendition OF said
Judgment, appointed a committee with
authority TO hear arguments. pass upon
resolutions and recommend appropriate
measures looking TO settlement OF the
judgment aforesaid and
Whereas. the commonwealth Of Vir-
ginia, not content to await the action
OF he legislature IN the premises har
seen At TO appear before the supreme
court and sue out a rule i'm mandarin,
directed to the entire membership u
each branch OF the Legislature. requir.
ing the member thereof forthwith and
at the present session. to assess and
levy tax upon the property within
the state OF West Virginia sufficient &c
provide for the payment OF said juds-
ment. with interest thereon until paid
or make provision for the payment
thereof by an issue OF bonds, or else &C
appear at the bar of the supreme cour,
on the 6th day of March. next and
show cause why such action should not
be taken. ana
Whereas. this legislature upon the
challenge OF its constitutional rights
thus made by the commonw eaith of
Virginia and upon the advice OF the at
torney general and special counsel dull
appointed by the new Virginia debt
commission. authorized and empowered
so to do. feels that 1t should suspend
further action and leave the furthef
consideration Of the Virginia debt ir
allegiance until the supreme court shal,
have disposed of said mandarin. pro.
10
against said rule
Be ii therefore resolved by the sen
ate the house Of delegates concurrina
therein; First. that the attorney gen,
eral of the state, with the assistance
of special counsel retained by the new
Virginia debt commission for the pur
pose. be authorized and directed to an.
pear 70 and make appropriate defens.
a gaiust said rule for and on behalf OF il
state of West Virginia. the legislature
thereof. and the several senators aud
delegates constituting the membership
OF its respective bodies.
Second. that in the event the legista.
ture should not b. in session at tn.
time of the rendition of the court
judgment upon the mandamus the gov.
ernor is requested. whether that judg.
ment be for or against the state Of
west virginia 10 convene the iegisla'
ture in special session. as soon as MAY
be for the purpose Of doing without de
lay. what should be done in the prem
ises.
In order to I'LL three vacancies IN
the borough council at Tamauua. Pa
the body elected the following: r. ]
Boyle. Wholesale liquor dealer: Chris
Fulmer. hotel-keeper. and William