Page:United States Reports, Volume 209.djvu/549

 209 U.S. t for Complain.t. monwealth. Upon any basis of just accounting, these items should be brought into the account. If the account should be stated on the pasta ot the Wheel- ing ordinance, these items would manifestly be proper charges against West Virginia. By the terms of that ordinance, Vir- ginia's title to, and ownership of, all of the property and assets theretofore belonging to the Commonwealth remain intact. By it, West Virginia would acquire no title to any of those assets or of that property. Framed as that ordinan,ce was, by Western Virginians, and arbitrary, and on its face unjust, as were the criteria by which it undertook to provide that West Virginia's proportion of the common debt should be computed, its authors were not so conscienceless as to also propose that the new State, after making such an insAequate contribution to its share of a debt which had been chiefly contracted by the votes of the representatives of its people and for their benefit, should also have a share of the property and' assets of the Commonwealth, free of charge. Arl that was, by the terms of that ordinance, to be ceded by the Commonwealth to the new State, was political domin- ion, and jurisdiction over the people and territory embraced in the new State. The meaning and effect of.the. ordinance was to leave the title to, and.ounership of, the assets and property of the Com- monwealth in the Commonwealth. Another objection to the account called for by defendant's draft, is that it does not direct any account to be taken aer- taining the amount and proportion of the debt of Virginia on 'and prior to January 1, 1861, which West Virginia should assume and pay, but contents itself with merely directing the arbitrary and inconsequential accounts defined in par. II, de- fendant's draft. Complainant's principal insistance is that defendant's draft of a decree prejudges the case in advance of a hearing upon the merits, while that tendered for the plaintiff cannot operate to the prejudice of either party, upon any material question in

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