Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1917-01-30
Old Dominion Would Compel West
Virginia to Levy Taxes and Pay
Over S13,OO0,0OO Due Parent State

Drastic steps. unprecedented Il
the annals OF American Jurisprudence
were taken yesterday by the Virginia
Debt Comm .sson to force West Nlr-
gina to satisfy the Sl3,OOO,OOO Judg,
ment rendered against her by the
Supreme Court of the United States
in 1915, when t adjudicated the half
century-o!d debt controversy between
the two commonwealths, involving
the share of V..rginia's old State debt
West Virginia should have assumed
upon becoming state in 1851.
| Attorney General John Garland Pol
lard, acting upon the unanimous di-
rection Of the Virginia Debt Commits
son, asked the Supreme Court for
permission to file petition for a writ
OF mandamus against the West Nlr-
g'nia General Assembly to compel
that body at its present session to
levy tax for the purpose of raising
money to pay off the debt, with in
terest.
The Court took no acton yester-
day, but a ruling is expected next
Monday. If Virginia's request is
granted West Virginia doubtless will
be given time to show why the writ
of mandamus should not be issued.
This action. it IS generally conceded.
will be the beginning Of another long
! controversy, involving the new ques-
| ton whether or not the Supreme
i Court has the powe: to compel SOW
ereign state to levy taxes to pay off
a pecuniary Judgment found in
| favor of a sister commonwealth
The Supreme Court already has
passed upon the question that t can
compel a state to pay off an obliga-
tion due another state. This que5-
ton was settled when the court held
that North Carolina must pay bonds
held by North Dakota. When North
Carol ma refused to pay these bonds
writ of execution was issued BY the
court and steps were taken to sell
North Cardinals assets upon the
auction block. North Carolina then
came across" and pa d the bonds.
The proceedings yesterday are diff
ferent from the course followed in
the Carolina Dakota case Virginia
asks the court rot for writ
Of execution against West Virginia,
but for writ of mandamus against
tie West Virginia Legislature for
the purpose Of compelling that body
to levy a tax The question now
arises whether the Court has the
power to force state to levy tax.
The petition filed by Attorney
! Genera! Pollard makes ali members
| OF the West Virginia State Senate
and the Hc;;se Of Delegates defend
ants, President Wells Goodykoontz
ard each member cf the State Sen
ate. and Speaker Joseph S. Thurman
and each member Of the House Of
! Delegates being mentioned by name.
The determination Of the Virginia
I 20
drastic action to bring about pay
nlcnt Of the debt was brought about
bv spcc;s, esSage to the LeG!sla-
ture by Governor Hatfield, who de-
! clared the West Virginia Legislature
should appeal to the court to reopen
the case with the view of trying -
| have the an!ount of interest reduced.
The Supreme Court. in its decree OF
June IA. 1915. held the principa! OF
West VirginIa's share of the 'cbt
10 be S4.215.622, and the interest
thereon fr m January i, 1861, to
July ]. 1915, to be S8,l7S.207. the
interest charges therefore beng
double the original principal. The
contention of West Virginia is Ia!
the Interest charges are unduly heavy
and brrdensome. and the case should
nc rcornned for that reason.
The old Virginia debt certificates,
which the Judgment against West
Virginia will be used to pay off, are
held largely by banking houses in
New York and Baltimore A total Of
So, 900 900 of them are held in Bal:i-
more. Few, if any Of them, are now
in the hands of the persons to whom
they were issued originally by Vif,
ginia in readjusting her State debt
AT one time West Virginia could havs
compromised this obligation by thf
$ payment Of 100000. but its Legis'
laturc refused TO sanction the com
promise.