The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-01-30
Mandamus Proceedings Begun.

Mandamus Proceedings Begun.
Washington. Jan. MandAmus
proceedings were begun today IL the
Supreme Court by Virginia au.horl-
ties against West Nirginias entire
legislative assembly 10 compel levy
ing of tax to pay the Supreme Court
judgment OF sl2393.00o. with interest.
adjudged to be West Nirginia's pro-
portion OF the Virginia State debt in
1851 when West Virginia Was formed.
Papers IN the extra ordinary pro-
ceeding. without precedent III Amer
can Jurisprudence, were 70, elycd by
the court, but no action Was taken
today. a ruling is expected next
Monday and IL Virginia Is given leave
10 file the mandamus suit, West Viz
1inia probably will he given time 10
show cause why writ should not
be issued Rsopening OF the case
may result, as West Virginia has off
set claims IL desires - present
Claim West Virginia TssnporUinG.
Nirninias petition, presented today
by Attorney General Pollard and 9th
ers. charges that West Virginia is tenn
portzing in respect tn tire supreme
Court's decree. given in 1915. and
does not intend to provide for pay
ment Of the Judgment within the near
future. Therefore. the court il asked
TO order The West Virginia Senate ami
House Of Delegates forthwith and at
the present session of the Legislature
10 levy tax upon the property within
West virginia sufficient to provide for
the pay meut Of the decree and judy
ment' with interest As an alterna
tive. the Virginia petition asks that
the present Legislature issue bonds 10
meet the Virginia judgment
stat. Officials Defendants
President Wells Goodykoontz and
al state Senators and Joseph ) Thur
moud, speaker ot the House. ana all
members thereof are the defendants
named The Governor and other otii b
cats We're not made parties
The proceeding WAS directed unant-
mous,y rs the Virginia debt commits
eJoners, VINO authorized Attorney Ten
erai Pollard To fife the petition As
sistlng Mr.. Pollard as attorneys for
Virginia and Individual hondholdets
were Major William y. Anderson.
Randolph Harrison. sanford Rohn-
son. OF New York, and John g, John
son. OF Philadelphia.
The new proceedings followed neEo-
tiations between former Governor Hat
field. of West Virginia, and the VIZ
ginia commissioners for consideration
of the ''set-offs" claimed by West Viz
ginia The Supreme Court refused
over year ago To issue "a writ of
execution for attachment of West Viz
gina property IN SatlslaCtlOn or lts
Judgment. Withholding action until al
ter the meeting of the present Legis
lature.
No Step To Provide Payment
Virginia's petition declares that the
State has no other effective remedy
than mandamus and will be unable
TO satisfy the Judgment unless man
damus requires the West Virginia
Legislature to provide for payment"
The petition asserts that although
the West Virginia Legislature has
been in session since January 10 and
will adjourn February "a. ii has TAX
en- no steps whatever to provide for
payment
1t appears that 1t is not the in
tention of the authorities to take any
steps by legislation or otherwise to
bring about either the levy of a tax
or the payment of the judgment, Nir-
ginia's petition charges. but it is the
Intention to delay said payment I'M
der pretext of "negotiating'---or ap-
plying for q re-hearing.
Under these circumstances the
complainant Is entitled to writ of
mandamus."