Pennsylvania v. West Virginia
Headline: Court consolidates two related cases for taking testimony, appoints a Commissioner to record evidence, and sets detailed schedules, notice deadlines, and fee deposit requirements for both parties.
Holding:
- Creates a set schedule for taking testimony from May 1920 to May 1921.
- Appoints a neutral Commissioner to record testimony but not decide facts or law.
- Requires ten-day notice and deposits to the Clerk for fees and expenses.
Summary
Background
The Court addressed competing motions from the complainants and the defendant in two related cases about how to take testimony. The complainants sought the appointment of a Special Master and the defendant sought a Commissioner. The Court decided to consolidate the cases only for the purpose of taking proofs and to organize how evidence would be gathered.
Reasoning
The Court granted consolidation for taking evidence and appointed Mr. Levi Cooke of the District of Columbia as Commissioner. The Commissioner has the powers of a Master in Chancery under the Court’s rules but is expressly forbidden from making findings of fact or stating conclusions of law. The Court set specific windows for each side to take testimony, required ten days’ notice of the time and place, allowed rebuttal and surrebuttal periods, and included a proviso for earlier completion that shifts certain deadlines by fifteen days. The Court also ordered that the parties make deposits with the Clerk to cover fees, costs, and the Commissioner’s expenses as requested.
Real world impact
The order creates a firm, step-by-step timetable for taking testimony between May 1920 and May 1921, imposes clear notice rules, and assigns a neutral official to record testimony without deciding the case. This is a procedural order for gathering evidence and is not a final decision on the merits of the underlying dispute. The parties must follow the schedule and pay deposits for related costs.
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