Newspaper Page Text
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.