Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-01-30
Mandamus Proceedings Be-
gun in Supreme Court
of United States.
PAPERS RECEIVED, ACTION
EXPECTED NEXT MONDAY
Would Compel Levying Of Tax
to Pay Judgment of $685.
600, With Interest.
TEMPoRIzING is RGED
Petition. Presented by Attorney-Gen-
eral, Without Precedent In Amer
lean Jurisprudence.
Inv Assoctn,cd rrcss

Rv Associated Press
WASHINGTON. January 29--Manda-
mus proceedings were begun day in
the Supreme Court by Virginia au-
'horities against West Nirginia's en-
tire legislative assembly to compel
ieryinS OF tax TO pay The Suprcm.
Court Judgment Of sl2343.O0O. with
proportion OF the Virginia state debt
In 1861 when West Virginia wa-
formed.
\ riiing is expected next Monday.
and II Virginia is given leave to file
tho mandamus suit West Virginia
proba bly, will be given time to show
su,d.
Papers In the cxtraordinary pro-
cocdings. without precedent in Amcri-
can jurisnrudence. were received by tho
court. but no action was taken to-
day.
WANTS TAN LEVIED
For BONDS ISSUED
Nrginia's petition. presented today
hy Attorney y-Gcneral Pollard and
others. charges that West Virginia is
tefpor!zinS ia respect TO the Supreme
Courts decree. given in 1915. and does
not intend To provide for payment Of
tho judgment within the near future
Therefore. the court is asked TO order
the West Virginia senate and House
of Delegates forthwith aud at the
present session OF the legislature TO
levy tax upon tho property within
Yves, virginia sufficiently To provide
ind
ncnt with Interest, As an alterna-
tive. tho Virginia petition asks that
the present Legislature issue bonds to
meet tho Virginia Judgment
President wells Goody kuontZ and all
state Senators and Joseph :. Thurmond
Speaker OF the House. and all members
thereof arc the defendants named
The Governor and other officials were
not made parties.
The proceeding was directed unani-
mously by the Virginia debt commits
sioners. who, authorized Attorncy Gen
cral Pollard 10 file tho petition. Assist
ing Mr. Pollard a s attorneys for Vir-
Sinia and individual bondholders were
Major william A. Anderson. Randolph
Harrison. Sanford Robinson. OF New
York and John q. Johnson, of Phila-
delphia.
The new proceedings followed ncEo-
tiations between former Governor
'iatfcld, of IVES, Virginia. and tho
Virginia commissioners for considera-
tion OF tho ''sc;-oms" claimed by Wcs,
Virginia. The supreme Court refused
over a year ago TO issue wri, Of exc
cuti"n for attachment Of West Vir-
Ginia property in satisfaction Of it's
Judgment. withholding action until af-
ter the meeting of the present Lcgis-
iature.
NO OTHER E:FFECTINE
REMEDY THAN MANDtMUS
NirEina's petition declares that the
state has mo other effective remedy
than mandamus. and will be unable to
satisfy the judgment unless manda-
mus requires the West Virginia Lcgis-
lature to provide for payment" The
petition asserts that although the West
Virginia Legislature has been in ses-
sion since January 10. and will adjourn
February "a. j, has taken no steps
whatever to provide for payment"
"It appears that It is not tho inten-
tion OF the authorities to take a5y steps
by legislation or otherwise to bring
about either the levy or tax or the
payment OF tho Judgment" Virginia 8
petition charges, but il is the intention
10 delay said payment under pretext
OF Observation-Disclosures applying for n
re-hearing.
Under these circumstances the
complainant is entitled to a writ OF
mands nus"