Oliver Wendell Holmes, Jr.

“ But again, it was argued that if this contract should be found to be what we have said, then the determination of a just proportion was left by the Constitution to the legislature of West Virginia, and that, irrespectively of the words of the instrument, it was only by legislation that a just proportion could be fixed. These arguments do not impress us. ”

“ The whole state would have got the gain, and the whole state must bear the loss, as it does not appear that there are any stocks of value on hand. If we should attempt to look farther, many of the corporations concerned were engaged in improvements that had West Virginia for their objective point, and we should be lost in futile detail if we should try to unravel in each instance the ultimate scope of the scheme. ”

“ Whether any interest is due, and if due, from what time it should be 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 a wide divergence of opinion. ”

“ Great states have a temper superior to that of private litigants, and it is to be hoped that enough has been decided for patriotism, the fraternity of the Union, and mutual consideration to bring it to an end. ”

“ The amount of the debt January 1, 1861, 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 be enlarged by a disputed item. It was $33,897,073.82, the sum being represented mainly by interestbearing bonds. The first thing to be decided is what the final agreement was that was made between the two states. Here again we are not to be bound by technical form. A state is superior to the forms that it may require of its citizens. ”

“ The burden under the statute of 1871 still being greater than Virginia felt able to bear, a new refunding act was passed on March 28, 1879, reducing the interest, and providing that Virinia would negotiate or aid in negotiating with West Virginia for the settlement of the claims of certificate holders, and that the acceptance of certificates 'for West Virginia's one third' under this act should be an absolute release of Virgina from all liability on account of the same. ”

“ A ratio determined by population or land area would throw a larger share on West Virginia, but the relative resources of the debtor populations are generally recognized, we think, as affording a proper measure. It seems to us plain that slaves should be excluded from the valuation. The master's figures without them are, for Virginia, $300,887,367.74, and for West Virginia, $92,416,021.65. ”

“ The settlement by Virginia with her creditors also is pleaded as a bar, and that she brings this suit solely as trustee for them.
The grounds of the claim are matters of public history. After the Virginia ordinance of secession, citizens of the state who dissented from that ordinance organized a government that was recognized as the state of Virginia by the government of the United States. ”