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Show 69 appropriation effective was refused, whereupon proceedings were instituted in the Supreme Court of Appeals of West Vir- ginia for a writ of mandamus to compel him to honor the requisition. On demurrer, the Court denied the writ. The first of two grounds upon which the Court based its decision was its conclusion that the West Virginia statute:2" in all reasonable probability, bound future Legislatures to make appropriations for the continuation of the activities of the Sanitation Commission, and * * * amounts to the creation of a debt inhibited by Section 4 of Article X of our State Constitution. Secondly, the Court held that the compact device under consid- eration involved an invalid attempt to delegate state police power, pointing out that the compact made detailed provisions for enforcement of the Commission's orders concerning abate- ment action.300 While conceding that the legislature may dele- gate police power to governmental agencies within the state, the court concluded that the legislature does not possess author- ity to delegate any portion of that power to another state, or to the Federal Government, or to a combination of the two.301 And the Court continued:S02 We realize that in this instance the purpose in view can only be worked out through cooperation between the states drained in whole or in part by the Ohio River and its tributaries. We would not be understood as desiring to stand in the way of such cooperation; but it must be such cooperation as does not surrender or barter away the rights of this State as one of the sovereign states of the Union. Thereafter, a petition for certiorari was filed in the Supreme Court of the United States by the State of West Virginia. Also, the Solicitor General of the United States filed a memorandum as amicus curiae urging that the Court review the decision and 299 58 S. E.2dat775. "• 58 S. E. 2d at 775-777. m 58 S. E. 2d at 776. iW58S.E.2dat777. |