Petition for writ of habeas corpus.
[Syllabus from pages 443-444 intentionally omitted]
A writ of habeas corpus, directed to the marshal of the United States for the Eastern district of Virginia, having heretofore been issued by this court on the application of Rufus A. Ayers, attorney general of the state of Virginia, the marshal has made return thereto that the petitioner, whose body he produces, was in his custody and detained by him by virtue of an order, judgment, decree, and commitment of the circuit court of the United States for the Eastern districts of Virginia, a certified copy of which is attached as a part of the return; and further returned that the petitioner had not paid, and refuses to pay, the fine imposed upon him by said order. The order of commitment, dated at Richmond, October 8, 1887, is as follows:
'ON ATTACHMENT FOR CONTEMPT-IN THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA.
In re Rufus A. Ayers.
'This matter came on this day to be heard upon the rule heretofore issued against Rufus A. Ayers, attorney general of the state of Virginia, to show cause why he should not be attached for contempt in disobeying the restraining order heretofore granted in the suit of Cooper et al. v. Marye et al., on the sixth day of June, 1887, and his answer thereto; on consideration whereof the court is of opinion, and doth order and adjudge, that the said Rufus A. Ayers is guilty of contempt in his disobedience of said order, and that he do forthwith dismiss the suit of The Commonwealth v. The Baltimore & Ohio Railroad Company, instituted by him in the circuit court of the city of Richmond, and that for his said contempt he be fined the sum of $500, and stand committed in the custody of the marshal of this court until the same be paid, and he purge himself of his contempt by dismissing said suit last herein mentioned.'
A transcript of the proceedings, orders, and decrees of the circuit court of the United States for the Eastern district of Virginia in the suit of Cooper et al. v. Marye et al., referred to in the order of commitment, is also produced, and set out in full as a part of the record in this matter. From that it appears that on June 6, 1887, James P. Cooper and others, suing on their own behalf and for all others similarly situated, being aliens, subjects of Great Britain, filed their bill of complaint in the circuit court of the United States for the Eastern district of Virginia against Morton Marye, auditor of the state of Virginia, Rufus A. Ayers, the attorney general thereof, and the treasurers of counties, cities, and towns in Virginia, and the commonwealth attorneys of counties, cities, and towns in said state, whose names they prayed they might be allowed to insert in the bill as defendants when discovered.