Virginia v. West Virginia
1913 U.S. LEXIS 2595 · 231 U.S. 89 · 34 S. Ct. 29 · 58 L. Ed. 135
November 10, 1913 · Docket 2, Original
Headnotes
Generated summaries- Headnote 1
The Court noted the nature of the controversy, the consideration due the states, and the hope that an agreement might render further judicial action unnecessary, and therefore postponed proceeding to a final decree.
- Headnote 2
The Court overruled Virginia’s motion on the ground that there was no reasonable hope of an amicable adjustment, thereby refusing an immediate proceeding.
- Headnote 3
The Court declined to grant the full six‑month postponement requested, reduced the period, and set the final hearing for April 13 of the next term to prevent an extension of more than a year.
- Headnote 4
The Court exercised its discretion by overruled Virginia’s motion to proceed at once, illustrating its control over procedural steps in disputes between states.
- Headnote 5
The Court’s equitable discretion under Article III allows it to defer final adjudication to preserve the possibility of an amicable adjustment, leaving outstanding issues open while negotiations continue.
- Headnote 6
The Court overruled Virginia’s request for immediate determination because there was no reasonable hope of an amicable adjustment, reflecting the standard for granting an immediate‑proceeding order.
- Headnote 7
In refusing the motion to proceed at once, the Court allowed additional time for settlement work, but required that any extension be as short as possible to avoid carrying the case into a new term.
- Headnote 8
Although West Virginia asked for six months, the Court reduced the period to avoid a year‑plus extension and directed that the final hearing be held on April 13 of the next term.
- Headnote 9
The Court noted that, given the nature of the controversy and the hope that agreement might render further judicial action unnecessary, it postponed proceeding to a final decree and left open issues such as interest and possible clerical error.
- Headnote 10
The Court overruled Virginia’s motion on the ground that there was no reasonable hope of an amicable adjustment, emphasizing that the request to proceed immediately could not be granted.
- Headnote 11
The Court ordered that, as near as possible to justice, the request for six months’ delay be shortened, setting the final hearing for April 13 of the next term to avoid a year‑long extension.
- Headnote 12
The Court considered the nature of the controversy, the hope of agreement, and the request for additional time, ultimately granting a shortened postponement that was consistent with justice and procedural efficiency.
Opinion
delivered the opinion of the court.
In March, 1911 (Virginia v. West Virginia, 220 U. S. 1), our decision was given “with respect to the basis of liability and the share of the principal of the debt of Virginia that West Virginia assumed.” In view, however, of the nature of the controversy, of the consideration due the respective States and the hope that by agreement between them further judicial action might be unnecessary, we postponed proceeding to a final decree and left open the question of what, if any, interest was due and the rate thereof, as well as the right to suggest any mere clerical error which it was deemed might have been committed in fixing the sum found to .be due upon the basis of liability which was settled. In October, .1911, we overruled without prejudice a motion made by Virginia to proceed at once to a final determination of the cause on the ground that there was no reasonable hope of an amicable adjustment. Virginia v. West Virginia, 222 U. S. 17.
The motion on behalf of the State of Virginia now before us is virtually a reiteration of the former motion to proceed and is based upon the ground that certain negotiations which have taken place between the Virginia Debt Commission representing Virginia, and a Commission representing West Virginia, appointed in virtue of a joint resolution of the legislature of that State, adopted in 19.13, make it indubitably certain that no hope of an adjustment exists. But without reviewing the course of the negotiations relied upon, we think it suffices to say that in resisting the motion the Attorney General of West Virginia on behalf of that State insists that the view taken by Virginia of the negotiations is a misapprehension of the purposes of West Virginia, as that State since the appointment of the Commission on its behalf has been relying upon that Commission “to consummate such an adjustment and settlement of said controversy as to commend the result of its negotiations to the favorable consideration of the Governor and the legislative branch of its government, and thus terminate said controversy to the satisfaction of her people and the Commonwealth of Virginia, and upon the principles of honor and justice to both States, and in fairness to the holders of the debt for whose benefit this controversy is still pending.” The Attorney General further stating that in order to accomplish the results just mentioned, a sub-committee of the Commission of West Virginia has been and is engaged in investigating the whole subject with the purpose of preparing a proposition to be submitted to the Virginia Debt Commission, to finally settle the whole matter and that a period of six months’ time is necessary to enable the Committee to complete its labors.
Having regai’d to these representations, we think we ought not to grant the motion to proceed at once to’ consider and determine the cause, but should, as near as we can do so consistently with justice, comply with the request made for further time to enable the Commissioners of West Virginia to complete the work which we are assured they are now engaged in performing for the purpose of effecting a settlement of the controversy. As, however, the granting of six months’ delay would necessitate carrying the case possibly over to the next term and therefore be in all probability an extension .of time of more than a year, we shall reduce somewhat the time asked and direct that the case be assigned for final hearing on the 13 th day of April next at the head of the call for that day.