Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1917-02-01
The Virginia Debt Question.

Dispatches from Washington on Mon
day say that epsuhprecedented IN the an
nails OF American jurisprudence were
taken by the Virginia Debt Commission
to force West Virginia to satisfy the
$l3 200, 600 judgment rendered against her
by the Supreme Court OF the United States
IN 1915, when il adiudicated the half-cen-
tury-old debt controversy between the
two commonwealth, involving the share
OF Vlrginia'S old State debt West Virginia
should have assumed upon becoming a
Stale in 1861.
Attorney General John Garland Fol-
lard asked The Supreme Court for permis-
sion TO file petition for writ OF manda-
mus against the West Virginia Legislature
10 compel that body at its present session
to levy tax for the purpose OF raising
money 10 pay off the debt, with interest.
The court took no action, but ruling
is expected next Monday. II Virginia's
request is granted, West Virginia doubt
less will be given time to show why the
writ OF mandamuS should not be issued.
This action, il is generally conceded, will
be the beginning OF another long legal
controversy, involving the new question
whether or not the Supreme Court has
the power to compel sovereign State
TO levy taxes to pay off pecuniary iudg-
ment found in favor OF sister common
wealth.
The Supreme Court already has passed
upon the question that it can compel
State 10 pay of an obligation due another
State. This question was settled when
the court held that North Carolina must
pay bonds held by North Dakota. When
North Carolina 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 paid the bonds
The proceedings OF Monday are differ
emf from the course followed in the Car
olna-Dakota case. Virginia asks the
Supreme Court not for writ OF execution
against West Virginia. but for writ OF
mandamus against the West Virginia
Legislature for the purpose OF compelling
that body TO levy tax The question
now arises whether the court has the
power 10 force State TO levy a tax.
The petition filed by Attorney General
Pollard makes all members OF the West
Virginia State Senate and the House OF
Delegates defendants, President Wells
Goodykoontz and each member OF the
State Senate, and Speaker Joseph 5.
Thurman and each member Of the House
OF Delegates being mentioned by name.
In the House OF Delegates OF the West
Virginia Legislature on Monday resolu-
ton was introduced providing, that the
Legislature take no further action on the
Virginia debt until Congress has disposed
of Senator w. E. Chilton's bill relative to
the settlement OF claims against the Fed
eral Government growing out OF the Gre
alton of the northwest territory. The.
resolution as referred to committee.
Speaker B. Thurmond appointed the
Houses special Virginia Debt Committee.
TO which will be referred all proposed
legislation affecting the case originating
in that body. Ii is composed OF seven
Democrats and four Republicans. Sepn-
mus Hall was named chairman. A SINH
lar committee has been appointed in the
Senate and plans are being made for a
JOINT session OF both committees soon.
Resolutions were introduced in both
branches OF the Legislature on Monday
declaring that the State OF Virginia should
in equity and voluntarily make substantial
reductions in the amount ofthe Sl2, 900 900
judgment. and in the event OF the failure
to do this, then the State OF West Virginia
shall resist TO the utmost the issuance OF
a writ OF execution.
Children Cry
FOR ELETCHER's