Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1912-10-25
JAIL RECORD OF
GENERAL AYERS

From correspondent in Southwest
Virginia we have an enquiry as t.
tho facts of the Imprisonment of Gen.
Rufus A, Ayers, Democratic numinee
for Congress in the Ninth district.
Fri hy. the facts are that certain
English holdeis of past interest cou-
pnns, cut from Virginia State bonds,
were trying to force Che State to ac-
cspt the coupons in payment for taxes
The statement to the court showed
that one Hooper and others in London
had bought for $50, 900 coupons of
the face value of 500. 900 which
they undertook to sell at lnrge profit
t. Virginia tax payers Obviously, if
the coupons had been held good for
taxes the State would have collected
no money and would have been starv-
ed to death and reduced to bankruptcy.
About Sd. 100000 of her overdue
coupons we're outstanding. In 1887
the general assembly adopted "cou-
pom killer act, requiring persons who
rendered coupons for taxes to give
certpin evidence of the validity of
the coupons. which it was impossible
to give, and iustrLcting the State S
law officers TO proceed by summary
process to collect taxes from persons
who presented coupons and failed TO
tender the legal proUf that they were
valid. u: der this order Gen. Ayers,
then attorney general, proceeded to
sue the Baltimore and Ohio rail road
for taxes due and unpaid. The United
States Circuit Court, Judge Hugh
l. Bond, issued an injunction forbid
ding him from prosecuting the suit
He dsregardcd the injunction.
Thereupor he was summoned to show
ctuse why he should not b. furnished
f AZ contempt of court. He replied
sclaimina purpose to be disrespect-
ful to the court by saying he refused
to ebay its injunction because he be-
lieved it had 10 jurisdiction and be-
cause he was acting rs required by
act of the general assembly of the
sovereign Commonw ealth of Virginia.
He was fined $500, refused to pay it
and was comm ted to the custody of
United States Marshal 1t is not
recorded whether he actual, "played
checkers with his nosa on the big
casino'- which is the technical de-
scription used by the criminal classes
for an unfortiInat tie gentleman lookirg
through the lattice work Of Jail
window but he hi was deprived of
his liberty and mace prisoner.
He appealed to the supreme court
of the United States on habeas corpus
proceedings. He was committed in
October, 1887, and his case was
heard in November of the same year.
He was represented by and associated
with w. w. Gordon, Chas. V. Meri-
dith, j. Randolph Tucker and Roscoe
Conkliug. The supreme court sustain
ed his position, vindicated the rights
of Virginia, for which he stooc, and
ordered his release. 1t ruled that his
contention that the United States
courts had no jurisdiction in the mat
ter was right; and that as the ap-
pication for injunction virtually was
a suit against. a sovereign State, il
was in violation of the constitution
and the guaran teed rights of the
States. 1t was one of the most i'm
portant and critical cases ever tried
in this country. The result brought
about by Gen. Ayers firm stand and
his knowledge of the principles of the
law, was one of the first checks to
the entertainments of the United
States and its courts against the
rights of the States and to intrusion
by those courts upon the affairs of
the States. The quick and decisive
declaration from the highest court of
the land saved Virginia from bank
ruptcy and her people from great dis
tress and misery. Gen. Ayers was
ready to offer himself as a sacrifice
for the liberty, rights and welfare of
his people and is fully entitled to
pubic gratitude and honored remem-
brances. He earned we'll the public
thanks he received from the general
assembly-an honor accorded to few
men in the history of Virginia. He
proved himself to be faithful, wise
and brave servant and officer of Com
monwealth and people.
When man has been tested and
has rung true he is the right kind of
man to trust. We think our South
West correspondent who asked the
question will agree in that conclusion.
If he will consider the facts he will
decide that Gen. Ayers is a mighty
oood apd cofa MON to raDrooopt the