The times dispatch. [volume], March 09, 1911, Page 3, Image 3

About The times dispatch. [volume] (Richmond, Va.) 1903-1914

Image provided by: Library of Virginia; Richmond, VA

                
MILITIA OFFICERS
WED 10 FRONT
(Continued From First Page.)
by Joining In tho mnncouvros." he said, j
"I think, howovor. that lino o fit cars j
should mako every effort Id go; They j
will learn much that will be of vust I
honellt to thern In the discharge of |
their military duties.
Would Help BnlUted Men.
"1 only roRret." continued '/olonol
Stern, "that the Invitation docs not j
OXtbnd to tho men as well as the oili- j
cers. Of course, a great many of the j
militiamen would be unable to so. hut i
It would be a splendid plan to mako 1
one company from. say. three If only
too men went, their experience wrfiild ,
bo such that upon their return Die
State, troops would he equipped with
that many efllcient instructors. This
would tend greatly towards the good
of the jservlce,
"Lino officers, membors of tho medi?
cal corps and quartermasters should
certainly take advantage of the ?ppojri
tuntty to increase Ihelr knowledge of
military affairs," ho concluded.
Ma lor B. ? W, B?wlesi commander of!
the Richmond Light Infantry Bltlea'
Battalion, was too much surprised to
jelve any defltilte answer when asked
whether ho would go. ? I would make
every effort," he said, "to go, and j
woufd be glad t? do so. The nows Is
such a surprise! to mo that I am at a
loss to know what to soy."
Major T. M. Worlhanh commander
of the First Battalion. Field Artillery,
was anxious to learn further detail.;
before expressing his Intentions.
Would Probably Go',
"Fine." declared Major Li. T.' Price,
commanding; the First Battalion. Flr.= t
Virginia Infantry, when acquainted
with the invitation of tho department.
"1 probable shall go," he said. "This
In a pleasant shock to me, though I
can llkeiy arrange to get away.''
Captain \V. M. Myers, commanding
Battery A, Richmond Howitzers,
i bought he would be "among those
present." "I will be *lad of tho op
portunltv for the experience," he nald,
"and will try to arrange to get off."
Further detail* are being anxiously
awaited by the officers. The informa?
tion from Washington doeH not state
whether or i?ot they are to he- fur
rilnhed transportation and nay.
AMUSEMENTS
\rndemy?Dnrli.
Hljoii?"in old Kentucky."
I.tibln?VoudevBle.
Mir Girl T'roni loyrn.
I've a fancy that when Miiss Char?
lotte Thbmp.-on took her pen In hand
to write "In Search of a Sinner" for
-Mis- Lillian Russell, the author was
not totally unaware of the life and
adventures of the lady who delighted
a large and giggling audience at the
Academy last night When truth tits
like a Fro hah glove, what's the use
of fiction? Why attempt to conjure up
a 'harm which in already ihere?
From thoKo trite remarks may bo
gathered the fact that Miss Russell
played the charming young widow so
true to nature, with ruch a dash of
devilment and with a touch to abso?
lutely sure that It seemed not playing,
but simply a matter of course.
A corking young widow, anxious to
btiry the memory of the dull monotony
of "a hum-'drUm married life in tho
grave of her hum-drum huflbahid, goes
inquest of a sinner-?-a man whose love
is like the flames of eternal punishment
end whose beauty is like unto ever?
lasting paradise.
The lHdy Bees the hero of her drr.im?
in the park, and flies at him with a
flower. Modest, but a bit encouraged,
lie tells her tho story of hi;- life, but
later, thinking she Is the wife of Iiir=
friend, turns milksop and .'corns tho
allurement of the widow's entrance
"He's a fish.'' so nhe says. There's a
lot of talky - talk and Boveral changes
of gowns, a knowing music hall lady, i
who huts in. and then finally the goody- '
goody young man becomes a fiery fur
At this season many people suffer
with rheumatism/ which Is likely to
assume a chronic form unless carefully
treated. The following proscription
Ipssesscs great .virtue and has been
mown to relieve and cure many of the
most hopeless cases. Any good drug?
gist can till It. Tbe true Ingredients;
and pure, must be used to Insure suc?
cess:
Iodide of Potassium....... 2 drams,
Sodium Salicylato.1 drams
Wine of Colchicum. Vs oz
Comp. Ess. Cardio!.i oz
Comp. Fid. Balmwort.1 oz
Comp. Syrup Sarsaparllla. ,T> 6zs
-Mix In a half pint bottle find begin
by takln" one teaspoonfui after each
meal, and one at bedtime: after the
lir i week gradually Increase the doso
to two teaspoonfuls. While somewhat
more expensive than ordinary patent
medicines, It Is really to be desired if
results are tbe goal.
tmce, 'arid the bold, bad young widow
melts like a fluke of snow.
,-ln Search of a Sinner" la simply
MIbg Lillian Russell's idea of George
Bernard Shaw's "Man and Superman,"
with the game tied hand and foot.
Miss Russell causes youth to seem
gray and wrinkled; for. like spring, she
tiover grown old. Perhaps she weights a
trifle more than in slenderer years, but
her winning ways are as fixed as the
tosen in her cheeks and the sunlight
in her hair.
When one recalls that this dazzling
vision of loveliness is a grandma-ma;
that she has: said "I will" to several
and "Reno'ed" not a few; that th*j
guns of Fort Sumte r in 1S01 ushered in
her second birthday, and that she is
the honored daughter of the proud
State of Iowa, one can, if a man, only
enthuse; if a woman, only grow spite?
ful.
The play Is Just Lillian Russell, with
n few others who dojfi't- count, except?
ing, however, Joseph Tuohy, an ox
prize fighter; Miss Flise Scott, a vaude?
ville artist, and Miss Jessie Ralph, a
Scotch maid, a kind of second cousjn
to Harry Louder, of immortal memory,
who do count.
Miss Russell says "Never trtiBt a
blonde woman."
They are changeable. D. T.
"Human Heart*."
'Human Hearts," the "idyl" oj" the
Arkansas hills, will be produced at
the Academy Saturday, matinee and
night.
Like "Shore Acres" and "The Old
Homestead,'! time only increases its
hold upon the hearts of the people. The
prattle of an innocent child, the tears
of tin old blind mother, the strong love
of a simp!" country girl, the passion
of an adventuress, the truth of a half
wit, the love of an old negro and the
tender memory of a dead mother of t he
past Governor of Arkansas, are all
cleverly intermingled by the deft hand
of the author of this absorbing tsle
of the Arkansas hills. Fach succeeding
season of this thrilling play, annually
Increasing business, has Induced the
management to engage for this sea?
son's production one of the strongest
< ompanlcs < ver organized In one east.
T'> the loveYs of a j?e)od play, not one
on the list of this season will appeal
more strongly than "Human Hearts."
Verdict for Defendant.
In the case of the American Play
'Company against .lake Wells, heard
yesterday In the City Circuit Court,
verdict and Judgment wer*- entered
for the defendant. The action was
brought for 5 175.
fliilldtnK IVrraltn.
1 lilding and repair permit*1 were
Issued yesterday as follows:
John If Lynn eman and J. and L.
Armhelni, to erect k double brick tene?
ment, two dwellings, on tne wests side
of Robinson Street, between Grove and
FIbyd Avenues, to cost $6.000.
C W. and J. Lee Davis; to erect four
double brick tenements, eight dwell?
ings, on the west side of Rowland
Sloan's Liniment is a pow?
erful penetrant, goes to the
seat of the pain at once, and
gives quick relief for any kind
of rheumatism.
HERE'S PROOF.
Mrs. Marguerite Rau, 634
Franklin Street, York, Pa., writes:
"About,ten weeks ago a sudden pain
came in niy right arm. The doctor
called it inflammatory rheumatism.
My arm was swollen and was black
and blue. I doctored for seven weeks,
but the pain was so bad I could not
sleep. At last I tried your liniment, and the swelling has all gone down, and it isn't
black and blue any more. Sloan's Liniment has helped me more than all the
doctoring I ever did."
Miss Annie Knorr, of 811 Clcsson Avc., Brooklyn. N.Y., writes: "My mother
had rheumatism so badly that she cculd not sleep at night, and cried from pain. She
tried Sloan's Liniment. After using it for one week, she felt better and could sleep
at night and she continued to use it and is cured."
is a safe and speedy remedy for toothache, neuralgia,
sciatica, sore throat and sprains.
At all dealers. Price, 25 cents, 50 cents, and $1.00.
DR. EARL S. SLOAN, BOSTON, MASS.
?wo?
?tel
Conn. Ayc & De Sales St.
Washington, D. C.
American Plan
In the heart of Fash?
ionable Washington,
convenient to all
points of interest.
High-class accom?
modations, with best
of cuis'.no and ser?
vice at moderate
prices. Carsni door to
Depot and all Points
of Interest.
TRBMS IXCLUDH MI1AI.S.
Single Ilhorn, grt.OP per dnyj $20.00 per week.
Double Room for two people, 9?.00 in SS.00 ver dny; 9aT?.00 to ?50.00
per week, ''
Double Room nnd Until, for two people, ss.On to $12.00\ per day;
yr>0.00 to $70.00 per week.
Parlor, Bedroom nucl muh, for two people, 912.00 t*? fjltU.OO per dn.v:
$70.00 to *?I5.00 per week.
Our new addition nlYordM many nddltlonnl com fort?.
Summer Senium HARiUXf.TOX MILLS, Proprietor.
Iluckwood Inn, FIR15PROOF,, Shawnee-on-nelnwnrr, Pn.
Street, between Math Street and Floyd ,
Avenue, to cost $30,000.
Henrv S. Stephanien; to repair brick
store i30ij Fast Marshall Street, to'
cost $300.
MarrlnKr l.lrensex.
Marriage licenses were Issued yes?
terday In the Hustings Court to John
G. Stetnman and Elizabeth 0. Hanky,
Charles R. Morris nnd Ida S. Witt, and
to Horace (J. * Clarke and Maggie M. '
Snows.*
could get first to the clerk's desh with
a resolution, which was Immediately
passed, declaring that West Virginia
owed Virginia nothing.
COURT'S DECISION
Full Text of Opinion n* Delivered by
?luHtlee Holmes.
Commonwealth-of Virginia vs. State "C
West Virginia, in equity.
[March 6. 1311.3
Mr. Justice Holmes delivered the 1
opinion of the court.
This is a hill brought by tho Com- |
; mpnwealth of Virginia to have the
J State of West Virginia's proportion of '
I the public debt of Virginia as it stood
; before 1561, ascertained and satisfied, j
j The bill was set forth when the r.-s<>
I was before this court on demurrer. 20d I
) U. S. 230. Nothing turna on the form !
! or contents of it. The object hag' booh
j stated. The bill alleges the existence
. of a debt- contracted between (.820 and |
; 1SGI In connection with' internal Irri
' provernents intended to develop the
t whole State, but with especial view 1
? to West Virginia, and carried through [
; by tho votes of the representatives
! of the West Virginia counties. It then
sets forth tbe proceedings for lim
i formation of a separate State and the
; material provisions of the ordinance
? adopted for that purpose at Wheeling
i on August 2fl. 1%61, the passage ot an
act. of Congress for the admission ->f
the new State under a Constitution
that had been adopted; and tho admis?
sion of West Virginia into the Union,
all of which we shall show more fully j
a little further on. Then follows an
averment of the transfer in 1S>">:: to
Wost Virginia of the property within
her boundaries belonging to West Vir- i
ginla, to be accounted for In the set- I
Dement thereafter to be made with the
last nam^d State As West Virginia
gets the he tie tit of this property with?
out an accounting, on the principles
I of this decision. It needs Hot to b?
j mentioned in more detail. A further
! appropriation to West Virginia Is al1
'. l*ged of $150,000. together with unap
i propriftied balances, subject to nc
I counting for the surplus on hand re
1 ceived from counties outside of the new
'. State. Then follows an argumentative
j averment of a contract In the Constl
j tutlon of West Virginia to assume an
, equitable proportion of the above rhen
i tloned public debt, as hereafter will 1
[be explained. Attempts between 1865 ,
i and IS72 to ascertain the two States'
proportion of the debt and their fail- .
j ure are averred, and the subsequent :
: legislation and action of Virginia In
i arranging with the bondholders, that
I will be explained hereafter so far as
j needs. Substantially all the bends out?
standing In IS61 have been taken up.
D ts stated that both in area of terri- ?
tory and in population, West Virginia
was* equal to about one-third of Vir- j
ginla, that being the proportion that 1
Virginia asserts to be the proper one i
for the division of the debt, and this
I claim is based upon the division of |
the State, upon the above mentioned j
Wheeling ordinance and the constitu ? 1
tion of the new State, upon trie recog?
nition of the liability.by statute and 1
resolution, and upon the receipt of
property as has he?-n stated above
After stating further efforts to bring .
about an adjustment and their failure,
ihe bill prays for an accounting to as
certain the balanre due to Virginia In
her own right and as trustee for bond?
holders and an adjudication In acc-qrd
with this result.
The answer admits a debt of about j
$33,000,000, but avers that the main
Object of the Internal Improvements in j
connection with which it was contract?
ed was to afford outlets to the. Ohio
Hlvor on the west and to the seaboard j
on the east for the products of the |
eastern part of the State, and to de?
velop the resources of that part, hot !
those of what is now West Virgin! i
In aid of this conclusion it goes into j
some elaboration of details. It admits 1
the proceedings for the separation of
the State, and refers to an act of May.
1862; consenting to the same, to which
we also shall refer. It denies that it
received property of more than a lit?
tle value from Virginia Or that West
Virginia received more than belonged
to her in the way of surplus revenue
on hand when she was admitted to the
Union, and denles that any liability
for these Items was assumed by her
Constitution. It sets forth in detail the
proceedings looking to a settlement,
but as they have no bearing upon our
decision we do not dwell upon ther.i
It admits tho transactions of Virginia
witli the bondholders and sets up that
they discharged the commonwealth
from one-third of its debt, and that
Forecast: Virginia?Fair Thnrndnyj
rising- temperature Friday, jrcnerolly
fair; moderate north winds, becoming;
south.
North Carpltnfl?Fair In Interior
Thursday, elenrlusr on the ennst, warm?
er; Friday generally fnlr; moderate
north winds, becoming south.
CO X DITT OX S V F.STERDAY.
Midnight temperature.S3
8 A. M. temperature . 32
Humidity . . 'J7
Wind, direction . N. 12.
Wind, velocity .15
Weather.Lit. snow
Depth Of snow in Inches. 1.2
Rainfall .65
12 noon temperature . 3f.
P. M. temperature . 2:
Maximum temperature tip to 5
P. M. 3i
Minimum temperature tip to 5
P. M.?. -i'i
Mean temperature. ., 32
Normal temperature . l-i
Deficiency in temperature . I'.'
Deficiency in temperature, since
March 1 . 33
Accum, excess in temperature
since January l . 118
Deficiency in rainfall since March
1 .04
Accum, deficiency in rainfall since
January 1 .31
CONDITIONS IN IMPORTANT CITIES.
(At s P. M. Eastern Standard Time.)
Place. Ther. 11. T. Weather.
New Orleans.... SO 86 Clear
Wilmington .... oS 56 Cloudy
Charleston . -11 .'.I Clear
Atlanta . ts jf, p. cloudy
Mobile . 7 1 mi Clear
Gal vest on . ". t 71; P. cloudy
Charlotte . 311 11 P, cloudy
Asheville . 36 11 P. cloudy
Norfolk . 36 36 P. cloud)
Raleigh . 31 3-*. Cloudy
Savannah' . 52 f." P. cloud)
Jacksonville 56 V.'. Cleari
Wyth. ville . 30 ?l Cloudy
Washington .... 32 :ifi p. cloud)
Key West . ~> (X 76 'Tear
Tampa . 6S 72 Clear
Jupiter . 71} 82 P. cloud1.
Chicago. ?? i lhj Clear
piitsburg . 38 11 Cleat
Spokane . 11 is Clotuly
St. Paul . i I P. cloudy
Havre .;.. 12 12 P, cloud)
Calgary . -* t\ cloudy
New York.'PI '.2 Clear
Buffalo .. 36 r>s Snow
Oklahoma citv.. 76 si Clear
Kansas City.!.*.'., 5-1 58 Clear
Memphis . C2 Iii Clear
Abilene :. s'- ?0 (Tear
San Francisco. .. fpS ?" > Cloudy
M I ,\ 1 ATI B K A I.MA X A <-'.
March ?. If 11.
HIGH T1DI1.
Sun rises.... 6;32 .Morning .... 1 1 :5f*
Sun Bcia. 6:10 Uvt-ning..i!2;i?
what may have boon Mono as to two- |
thirds doi-s not concern tho rlefonrlant.
slnco Virginia admits that her share Was
not less tlian that. If tho bonds out?
standing in 18'Jl have been taken up
li Is only by the issue of new bonds
for two-thirds and certificates to be
paid by West Virginia alone for tho
other third. Liability for any pay?
ments by Virginia ia denied and ac?
countability, If any, is averred to be
only on the principle of section 0 of
the Wheeling ordinance, to be stated
It Js set up further that under tho Con?
stitution of West Virginia. her
equitable proportion can ho established
by her Legislature alone. that tho
liquidation can be only In tho way
provided ^y that instrument, and hence
that this suit cannot be maintained
The settlement by Virginia with her
creditors also Is pleaded as ? bar, and
that she brings this suit solely as trus?
tee for them.
Tho grounds of the claim are matters
of public history Aftei the Virginia
ordinance of Secession, citizens ut the
, Mate who dissented from that ordi?
nance organized a government thai
was recognized aE the State of Virginia
by the government of the United
?States.. Forthwith a convention ol
the restored State, as It was called,
held ut Wheeling, proceeded to carry
out a long entertained wish of many
West Virginians hy adopting an ordi?
nance for the formation ol a how Stat.;
out of tho western portion of the old
< ommonwealth. A part of section ??
S of the ordinance was as follows: "The
new State shall take upon itself a just
proportion of the public debt of tho
Commonwealth of Virginia prior to the
llrst day of January. 1S61, to be as?
certained by charging to it all State
expenditures within tho limits thereof,
and a just proportion of the ordinary
expenses of tho State government,
since any part of the said debt was
contracted, and deducting therefrom
the moneys paid into the treasury of
the Commonwealth from the counties
Included within the said new State d?r
ing the same period." Having pre?
viously provided for a popular vote,
a Constitutional Convention, etc., the
ordinance in section 10 ordained that
when the General Assembly should Kive
its consent to the formation of such
new State, it should forward to the
Congress of the United States such
consent, together with an official copy
of such Constitution, wiih the request
that the new Slate might be admitted
into the Inion of States.
A Constitution was framed for Hie
new State by a Constitutional Conven?
tion, as provided in the ordinance, on
November 26. 1861, and was adopted
By article. E, section S. "An equitable
proportion of the public-debt of the
Commonwealth of Virginia, prior to
the (irsi of January in the year one
thousand eight hundred and sixty, f?nfei
shall be assumed by this State: and the
Lcgi?luture shall ascertain the same
as soon as may bo practicable, and pro?
vide for the liquid? t Ion thereof, by a
sinking fund sufficient to pay the ac?
cruing interest, and redeem the- prin?
cipal within thirty-four years." An
act of the Legislature of Hie restored
State of Virginia, passed May 13, IS62.
gave tho consent of that Legislature to
the erection of the new State "under
the provisions set forth in the Consti?
tution for the said State of Went Vir?
ginia" Finally Congress gave its sane,
lion by an act of December 31, 1862, c.
'6. 12 Stat. 633, which cited the framing
and adoption of the West Virginia Con?
stitution and the consent given by
the Legislature of Virginia through
the last mentioned ;u-t/ as well as the
request of the West Virginia
convention and of the Virginia
Legislature, as the grounds for its con?
sent. There was a provision for the
adoption of an emancipation clause be?
fore the art of Congress should take
effect; and for a proclamation by the
President, stating the fact, when the
desired amendment was made. Ac?
cordingly, after the amendment and a
proclamation by President Lincoln.
West Virginia became a State on June
20, 1E63.
It whs held In 1870 that the fore?
going constituted an agreement be?
tween the old State and the new, Vir?
ginia vs. West Virginia, 11 Wall. 39,
and so much may be taken practically
to have been decided ugain upon the
demurrer in this case, although the
demurrer was overruled without preju?
dice to any question. Indeed, so much
Is almost, if not quite, admitted in
the answer. After the answer had
been filed tho cause was referred to a
master by a decree made on May 4,
1008, 2011 L'. S. 61-1, 531. which pro?
vided for the ascertainment of the
facts made the basis of apportionment
by the original Wheeling ordinance,
and also of other facts that would fur?
nish an alternative method if that pre?
scribed in Hut Wheeling ordinance
should not be followed; this again
Without prejudice to any question In
the cause. The master ha? reported,
the ease has been heard upon the
merits, and now is submitted to the
decision of the court.
Thc case is 10 be considered In the
untcchnical spirit proper for dealing
with a quasi-international controversy,
remembering that there is no muni?
cipal code governing the matter, and
that this court may be called on to
adjust differences that cannot be dealt
with by Congress or disposed of by
the Legislature of either State alone.
Missouri vs. Illinois, 200 I". S. 196. 519,
520. Kansas vs. Colorado, 206 U. S.
4 6. S2-S4. Therefore, wo shall spend
no time on objections a.s to multlfarlous
ness. lache.-: and the like, accept so fai?
ns they merit the merits with which
we proceed to deal. See Rhode Island
ys. Massachusetts. 14 Peters, 210, 257.
United States vs. Beebe. 127 U. S. 33S.
The amount of tho debt January 1,
lSGI. that we have to apportion no
longer is in dispute. The master's
finding was accepted by West Virginia,
and at the argument we understood
Virginia not to press her exception,
that it should he enlarged by a dis?
puted item. it was $33,807.072.82. the
sum being represented mainly by in?
terest-bearing fronds. The first thing
to be decided is what the final agree?
ment was that was made between the
two States. Here again we are not
to be bound by technical forin.| A
HONEST CONFESSION
A Doctor's Talk on Food.
There are no fairer set of men on earth
than thc doctors, and when they find they
have been in error thoy arc usually apt l<>
make honest and manly admission of
the fact.
A case in point i> that of a practitioner,
?lte of the good old school, who lives in
Texas. Iiis plain, unvarnished laic need.-,
jib dressing up:
"1 had always had an intense preju?
dice, which I can now sec was unwarrant?
able and unreasonable, against all muchly
advertised foods. Hence I never read a I
line of the many 'ads' of Crape-N'uts, nor
tested the food til! last winter.
"While in Corpus Christi for my health,
and visiting my youngest son. who ha^
four of the ruddiest, healthiest little boys
1 ever saw, I ate my first dish of Crape
Nuts food for supper with my little sraud
pons.
"1 became exceedingly fond of it, and
have eaten a package ol it every week
since, and find it a delicious, refreshing
and strengthening food, leaving no ill
effects whatever, causing no eructations
(with which I was formerly much trou?
bled), no sense of fullness, nausea, nor
di.-tics s of stomach in any \vay.
"There is r.o other food that . agrees
with me so well, or sits as" lightly <?r pleas?
antly upon my stomach as this docs.
"1 am stronger and more active since f
began the use t>( ( uape-Nuts than 1 have
been for 10 years, and am no longer trou?
bled with nausea and indigestion. ' Name
giveri by Tost um ('o., Hattlc ('reek, ?l ich.
Look in pkgs. for the fatuous little book.
"The Road to Wtlhilk-."
''There's a Reason.'.'
liver read the above letter? A new
one appears From lime to time. They
are genuine, trite and full of liuimtn
interest.
I Stnto is superior to the forms that it
may require of its eitlzons. But there
would be no technical difficulty in mak?
ing a contract by a constitutive ordi?
nance if followed by tho creation of
the contemplated State. Wedding vs.
Meyler. 192 U. S. 573. 583. And. on the
other band, there Is equally little d 1 tit -
culty In making a contract by the Con?
stitution of the now State. If it he ap
, parent that tho Instrument is not ad?
dressed solely to those who are to be
B?bJect to Its provisions, but is tn- ,
tended to be understood by tbe parent
? State and by Congress as embodying a I
Just term which conditions the parent's |
consent. There can be no question that
. such was the ease with West Virginia.
, As has been shown, tho consent of the
Legislature ot the restored State was
? a consent to the admission of West
I Virginia under the provisions 6et forth
? In tho Constitution for the would-be
State, and Congress gave its sanction
only on the footing of the same Con?
stitution and the consent of Virginia
in the last mentioned net. These three
documents would establish a contract
without more. We may add. with ref
; c-ronco to an argument to which wo
attach little weight, that they estab?
lish a contract of West Virginia with
Virginia. There is no reference to
the form of the debt or to Its bidders,
and It is obvious that Virginia had an
interest that it was most important
i that she should be able to protect.
' Therefore. West Virginia must be
taken to have promised to Virginia to
j hay her share, whoever mierht be the
: persons to whom ultimately tho pay?
ment was to bo made.
We are of opinion that the contract
established as we have said Is not
modified or affected In any practical
way by -the preliminary suggestions
? of the Wheeling ordinance. Neither
j the ordinance nor the special mode of
j ascertaining a just proportion of tho
! debt that It puts forward is mentioned
: in the Constitution of West Virginia,
: or in Cue act of Virginia giving bet
; consent, or In the act of Congress by
! which West Virginia became a State.
I Tho ordinance roqnired that a copy o!
j the new Constitution should he laid bo
1 fore. Congress, but said nothing about
the ordinance itself- It is chough Id
j refer to the circumstances in which the
' separation took place to show that Vir.
j ginla. is entitled to the benefit of any
j doubt so far as tbe construction of the
j contract Is concerned. See opinion of
j A.tt?rnoy-Gencral Bates to President
j Lincoln. 10 Op; Alt. Cren. 12^. The
I mode of the Wheeling ordinance would
not throw on West Virginia a propor?
tion of the debt that would be just as
the ordinance, requires, or equitable,
according to tho promise of the Con?
stitution, unless upon the assumption
that interest on the public debt should
bo considered its part of the ordinary
expenses referred to in Its terms. That
i we believe would put upon West Vtr
j plnia a larger obligation than the mode
! that we adopt, but we are of opinion
I. that her share should be ascertained
In a different way. All the modes, how?
ever, consistent with the plain con?
tract of West Virginia, whether under
j the Wheeling ordinance or the Con?
stitution of that State, come out with
! surprisingly similar results,
i It was argued, to be sure, that the
? debt of Virginia was incurred for local
l improvements, and that In such a case,
even apart from the ordinance, It should
be d'vlded according to the territory
' In which the money was expended. We
i see no sultlclent reason for the appli?
cation of such a principle to this case.
In form the aid was an investment. It
generally took the shape of -a subscrip?
tion for stock In a corporation. To
make the Investment a safe one the.
precaution was taken to require as a
condition precedent that two or thrce
tlfths of the stock should have been
subscribed for by solvent persons fully
able to pay, and that one-fourth of the
subscriptions should have been paid
up' into the hands of the treasurer.
From this point of view the venture
was, on behalf of the whole State. The
parties interested In the investment,
were the same, wherever the sphere
of corporate action might he. The
whole State would have got the gain
and the whole State must bear the loss,
j as It does not appear that there are
? any stocks of value on hand. If wo
should attempt to look farther, many
of the corporations concerned were
engaged In improvements that hail
West Virginia for their objective point,
and we should be lost In futile detail
j if we should try to unravel In each
j instance the ultimate scope of the
j scheme. It would be unjust, however,
I to stop with the place where the tlrst
! steps were taken and not to consider
j the purpose with which the enterprise
j was begun. All the expenditures had
the ultimate good of the whole State in
view. Therefore, we adhere to our
I conclusion that West Virginia's share
j of the debt must be ascertained in a
, different way. In coming to it wc do
? but apply against West. Virginia the
j argument pressed on her behalf to ex?
clude her liability under the. Wheeling
ordinance in liko cases. By the ordi
J nance West Virginia was to bo charged
j with all State expenditures within the
j limits thereof. But she vigorously
protested against being charged with
i uny sum expended in the form of a
purchase of stock.s.
I But again, it was argued that if this
i contract should oe found to be what wo
! have said, then the determination of
a just proportion was left by tbe Con?
stitution to the Legislature of West
Virglpia, and that irrespectively of
the words of the instrument it ? was
only b>' legislation that a just propor?
tion could be fixed. These arguments
do not impress us. The provision in
the Constitution of the State tif West
Virginia that the Legislature shall
ascertain the proportion as soon as
may be practicable was not intended
to undo the contract in the preceding
words by making the representative
and mouthpiece of one of the parties
the sole tribunal for its enforcement.
It was simply an exhortation and cotii
j in and from supreme to subordinate
I authority to perform tbe promise as
j soon as might he arid an indication of
the way. Apart from the language
used, what is just and equitable is n
judicial question similar to many that
arise in private litigation, and in no?
wise beyond the competence of a tri?
bunal to decide.
The ground now is clear, so far a.
the original contract between the two
States is concerned. The effect of thai
is that West Virginia must hear her
just and equitable proportion of the
public debt as it was Ptlmatcd in
Hartman vs. Grcenhow. |e-j p. s. 672,
so long ago a.s 1880, ii.it she should.
, It remains for us to consoler such sub- I
j .sequent nets as may have affected l ie
j original liability or its may hear On
j tbe determination of the amount to be i
paid. On March 30, 1^71. V irginia, hs
I sliming that the equitable share of j
j West Virginia was about one-third, i
. passed nn act authorizing an exchange
pi tho outstanding bonds, etc., and pi-0- i
vldlng for the funding of two thirds!
j of the debt. With interest accrued to
I July I. l s71. by ihr Issue of new bonds |
I bearing the .-?..itue rate of inierc-.it ;-.s j
I the old, G per cent. There \vcre to In
I issued at tl.e nnme lime, for the other
one-third, certificates of same date.;
' setting forth tlio amount ol the old
j bond that was not funded, thnt pn -
inenl thereof with Interest at the rate?
I prescribed in the old bond would be .
i provided for In accordance with sm-li ?
settlement as should be had between
Virginia *-nd West Virginia In regard
to the public debt, and that Virginia ?
held the bonds in trust for the holder or
hli assignees. There were further details 1
that need not lie mentioned. The
[ coupon.-, of the new bonds were ???
t cotvnbi_e for all taker, and dcmflnds
i due to ihe state Hartman vs. Green -
j how, 102 IJi S. 672. McOahej vs. Vir?
ginia, 135 r. S. 662, jThri certificates'
issued to the public under this statute
and outstanding amount m fia,703;
?(GL'O.
Tic burden under the statute of ]=>7i
- i being greater than Virginia feit
I nl*lc to bear, a new refunding act v.-ns
passed on March 28, lS7a. reducing the
interest ;>nd providing' Hum Virgin.:.*!
would negotiate or njd in negotiating
with We-.! Virginia for thr. settlement
of the claims of certificate holders, and
ihat the acceptance -'f certificates "tor
j West Virginia's one-third' under this
j act should be fill absolute relciaae of
I Virginia froth!all liability on account
I of the h.nnc. how of the.--- certificates
I were accepted. On Februar) It, issj.
I another uttcmpV. was made, but with
Saved His Life
Years Youngex
After Mr. II. C. Freeman had
become an absolute physical
wreck from years of hard
work he was completely re?
stored to health and strength
by Duffy's Pure Malt Whis?
key, the grand old family
medicine.
He writes: "I honestly believe I
owe mv life to the use of Duffy's
Pure Mall Whiskey. After 31
years of hard work as bookkeeper
and expert accountant I suffered
a * complete physical breakdown,
and was compelled to give up my
work entirely. 1 tried numerous
so-called remedies, but instead of
improving, my condition grew
steadily Worse. A hard, dry cough
and frequent night sweats were
gradually capping what little vi
tality I had left. A friend brought
me a bottle of Duffy's Pure Malt
Whiskey and induced me to give it a trial. Almost immediately I
began to feel a change for the better. I am working harder to-day
than ever before, and feel .1- I did twenty years ago. Nothing in the
world but Duffy's Purr Malt Whiskey brought about my present con?
dition, and I am never wit ?Out a bottle of this wonderful stimulant in
mv room. It is my onlv medicine." -Hi Chester Freeman, 224 South
("lark St.. Chicago. Ill:
MR U. CHESTER FREEMAN
is one of the greatest strength builders and tonic stimulants known to
science. Its palatability and freedom from injurious substances
render it so that ii t an be retained by the most sensitive stomach.
Overworked men, delicate women and sickly children will find in it
the health and strength-giving properties that arc so necessary to
them. It strengthen- ami sustains the system; is a promoter of health
and longevity; makes the old feel young and keeps the young strong
and vigorous. It is proscribed by physicians and recognized as a
family medicine everywhere. You should have it in your home. It
will do you good.
if in need of advice, write Medical Department, The Duffy Malt
Whiskey,Co., Rochester, X. Y.. stating your case fully. Our doctors
will send you advice free, together with a valuable illustrated medical
booklet, containing rare common s-ensc rules for health which you
cannot afford to be without, and some of the many thousands ol
gratifying letters from tuen and women in all walks of life, both old
and young, who have been cured and benefited. Sold IN SEALED
BOTTLES ONLY by druggists, grocers and dealers or direct, $1.00
per large bottle.
out sufficient success to make It neces?
sary to set forth the contents of the
statute. The certificates for balances
not represented by bonds .?'constituting
West Virginia's share of the old debt,''
stated thta teh balance was "to the ac?
counted for by the State of West Vir?
ginia without recourse upon this Com.
mon wealth."
On February 20, 1S92, a statute was
passed which led to a settlement de?
scribed In the bill as final and satis?
factory. This provided for the issue of
bonds for 919,000,1)1)0, In exchange for
42K.U00.000 outstanding, not funded, the
new bonds hearing interest at 2 per
cent, for the first ten years, and 3 per
cent, for ninety years; and certificates
in form stm iar to that just stated, .a
the net of 1S82. On March 6, 1894. a
joint resolution of the Senate and
House of Delegates was passed, re?
citing the passage of the four above
mentioned statutes, the provisions for
certificates, and the satisfactory ad?
justment of the liabilities assumed by
Virginia, on account of two-thirds of
ilie debt, and appointing a eoinmitteu
to negotiate with West Virginia, when
satisfied that a majority of the certi?
ficate holders desired it, and would ac?
cept the amount to be paid by West
Virginia in full settlement of tue one
third that Virginia had not assumed.
I The State was to be subjected to no
I expense. f inally an act of March ,6,
I 1900. authorized the commission to
I receive and take on deposit the certl
I ficntes, upon a contract that the eortt
I llcate holders would accept the amount
I realized from West Virginia in full i
I settlement of all their claims under
I the same, it also authorised a suit If'
I certain proportions of the certificates
j should be so deposited, as since then
? they have been?the State, as before,
I to be subjected to no expense,
j On January 9, 1006; the commission
I reported that apart from certificates
I held by the State and not entering Into
! this account, there were outstanding
of the certificates of isTl in the hands
[ of the public, $12,703,451.79, as wo have
i said, of which the commission held j
I $10,851.294.09, and of other certificates!
I there were in tho hands of the public j
$2,778,239.80, of which the commission '??
held $2.322.141.32.
On tho foregoing facts a technical:
argument k pressed thai Virginia has J
discharged he> self ot all liability. as ?
?o one-third of the oebt; th/at, there- i
; fore, she is without interest in .his ?
suit, and cannot maintain it oil he.- ?
own behar' that she cannot maintain J
! it as trustee or the certificate holders. '
N'c-w Hampshire vs. Louisiana, 10S U. s '
7i'?; and that the bill Is multifarious in
attempting to unite claims made by
i the plaintiff as such trustee with .some.
! others set up under the Wheeling or
; dinahce, etc., which, in the view wo
take it. has not been necessary to men- |
I lion or discuss. We shall assume it to I
j be true for tho purposes of our decision, !
i although it may be open to debate,;
i CJreenhow v*. Vnshon. 81 Va. 33t>. 312. I
j :;43, that 1 be? certificate holders who <
i have turned in their certified lea. being j
i much the greater number, as has been j
! seen, by doing so, if pot before, sur
i rendered all claims under the original j
bonds or otherwise against Virginia
to the extent of one-third of the debt', i
Hut even on that occasion the argu- \
menl scents to us unsound.
The liability of West Virginia is a j
deep-seated ctfuity. not discharged by.
changes In the f. rm of the debt, nor i
split up by the tin)hit oral attempt of 1
Virginia to apportion specific parts to
lite two States. if ono-third of the
dent were discharged in fact, to nil
intents, we perceivi no reason, In whav
1ms happened, why West Virginia
should not contribute her proportion of
the remaining two-thirds, But we aro
of opinion that no part of the debt Is
extinguished, hud further, thai both
tng bus happened to bring tl>e rule of !
New Hampshire vs. Louisiana into play.
I'or even if Virginia i:> not liable she. I
has the contract of West Virginia to
bear an equitable share of the whole !
debt, a contract in the performance of
which the honor and credit of Virginia 1
i.-. concerned, and which she does not I
lose her rieht to Insist upon by her
creditors accepting from necessity the
performance of bei ?s.tlmated duty as
confining their claims for the residue
to the party erjuitnb!} bound. Her
creditor* never could have sued jtor if ,
the supposed discharge had not lieeu
grantetl, and the dl?< liarge does not
diminish her interest and rieht to have
the ivohbt debt paid l>y the help of the
defendant The suit Is in Virginia's
own Interest, none the less that she i^ ;
to turn over the proceeds, See United j
states vs. Roche, 1-7 t". s. :;-:s, ;ti2.
United States vs. Nashville. Chatta?
nooga and St. I .oil Is Hallway ?'<?..
US l". s. 120, 125, 126. Moreover, even
in private litigation ii has been held
that a trustee may recover to the ex?
tern of the interest of hi;! cestnl ?i'ie
trust. Lloyd's vs. Harper, n; eh. d,
290; 309, 51.1. Lamb vs. Vice. 6 M. & W..
Hm, 172. We may add thai in all Its
aspects il is a suit .on the contract,
and it is most proper that the whole
matter should be disposed of at once,
It remains true then, not withstand- !
ton all the transactions between the. j
I old Commonwealth and her bond- I
holders, that West Virginia must bear
her equitable proportion of tho whole
debt. With a qualification which we
shall mention In a moment, we are of
opinion that the nearest approach to
jn.-tlce that we can make is to adopt a
ratio determined by the master's es?
timated valuation of the real and per?
sonal property of the two States on the
date of the separation, .lune 20, IS63;
A ratio determined by population or
land area would throw a larger share
on West Virginia, but the relative re?
sources of the debtor imputations are
generally recognized, we .think, as af?
fording a proper measure! It seems to
us plain that slaves should be excluded
from tho valuation. The master's
figures without thorn are, tor Virginia,
$300,!sS7..167.7-1, and for West Virginia,
$92,416,021.65. These figures are criti?
cized by Virginia, but we see no suffi?
cient reason for going behind them, or
ground for thinking that we can get
nearer to justice in any other way. It
seems to us that Virginia cannot com?
plain of the result. They would give
the proportion in which the $33,897,
073.82 was to ho divided, but for a cor?
rection which Virginia has made neces?
sary. Virginia, with the consent of
her creditors, has cut down her liability
to not more' than two-thirds of the
debt, whereas at the ratio shown by
the figures, her share, subject to math?
ematical correction, is about ,765h if
our tlgures are correct, the difference
between Virginia's share, say $25,931,
261.17, and the amount that the
creditors were content to accept from
her, say $22,??S,0-t9.2l, Is $3.333.212.2?,
suhstractlng the last sum from tho
debt, leaves $30,563,861.56 as tho sum
to be apportioned. Taking .235 as rep?
resenting the proportion of West Vir?
ginia we have $7.18'J,507.16 as her share
of the principal debt.
We have given our decision with re?
spect to the basis of liability and the
share of the principal of the debt
of Virginia, that West Virginia as?
sumed. In any event, before we could
put our judgment In the form of a final
decree there would be figures to be
agreed upon or to be ascertained by
reference to a muster. Among other
things there still remains the question
of interest Whether any interest is
due, and If due from what time it
should he allowed, and at what rate it
should be computed, are matters as to
which there is a serious controversy In
the record, and concerning which there
is room for B wide divergence of
opinion. There are many elomonts to
be taken into account on the one aide
and on the other. The circumstances
of the asserted default and the condi?
tions surrounding the failure earlier to
procure a determination of the principal
sum payable, Including the question
of laches as to either party, would re?
quire to be considered. A long time
has elapsed. Wherever the responsi?
bility for the delay might ultimately
bo placed, or. however it might be.
shared; it would be a severe result to
capitalize charges for half a century ?
such a thing hardly could happen In a
private case analogous to this. Statutes
of limitation, if nothing else, would
be likely to interpose a bar. ASfthls is
no ordinary commercial suit, hut, as
we have said, a quasi-international dif
feronce referred to this court Jn re?
liance niton the honor and constitu?
tional obligations of the States con?
cerned rather than upon ordinary
remedies, we think It best at this stage
to go no farther, but to await, the effect
of a conference between the parties,
which, whatever the outcome; must
take place. If the cause should be
pressed contentions!)- to the end, it
would be referred to a master to go
over the figures that we have given
provisionally, and to make such calcu?
lations as might, become necessary.
But this ease is one that calls for
forbearance upon both sides. Great
States have a temper superior to that
of private litigants, and It is to he
hoped that enough has been decided
for patriotism, the fraternity of thft
Union, and mutual consideration to
bring it to an end
True copy?Test:
Clerk Supreme Court. United State?
DON'T GIVE UP
because your stomach has "gone back
on you" and everything you cat causes
you distress. Your case is bad enough
without adding worry. But listen?
there i> sure help for you ii you will
only take a short course of the famous
HOSTETTER'S
STOMACH BITTERS
It has corrected thousands of "bad stom?
achs" during li?o past 58 years. Try it
to-day for Heartburn, Bloating, Sour\
Risings, Indigestion, Costivenes*^
Colds, Grippe and Malaria. Yc.
hnd it safe and sure. Avoid .til
tutes.