Page:United States Reports, Volume 209.djvu/560

 524 OCTOBEE TEEM, 1907. I). stituting the Cmmonwealth of .Vir'ni% and separately the population of the counties now constitutin the State of West Vir/inia, as shown by the decenni! censuses. taken during the said period by the United States, and also the average popula- tion of Virginia durix each of said periods of ten years." The agreate ordinary expenses being found, and the items suresteal as to population, it will be easy to determine the "just proportion" if that is the proper basis. This case should not be cast at large, with no definition of the principlce to govern Ms action, into the hands of a master; that at least it should be settled before a reference for the pur- pose of taking an account, whether, the liability of West Vil'- ni to Vrginia is upon the special agreement which preceded and accompanied her mion into the Union, or, because of the absence of a special areement, upon the basis of popula- �tion and /erritory. It will be observed that in par. II, compl.innt's draft, the msster is not only d. irected to ascertain the amount and propor- tion of said indebtedness, but "of the interest accrued thereon." Defendant objects to this pph because there is no le-  ground for directing the ascertainment of interest. West Vir,inia has not obl/gated herself in any manner for the pay- ment o interest. A State is not liable to pay interest'unless it has expressly contracted 'to do so. See Un//ed S/ff v. Nort Coli, 136 U.S. 211. See also, following this pril.iple, $er v. Co, 102 Cali- fornia, 293;// v. M//, 34 Florida, 421, 422; Moii-  v. S/te, 109 California, 380; Fli o! Aug//os, 102 Michigan, 502; C,'r v. /t, 127 Indiana, 204. See also note, 22 American State Reports, 448. By leave of court, M. //ole Co/made an ar,ument herein as m/cu On May 4, 1908, THE CHIEF JUSTICE announced the follow- ing decree: This cause having been heard upon the pleatlings and accore-

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