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Hagar Case

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  • The Handyman
    Subject: Hagar Case HAGAR V. RECLAMATION DIST. NO. 108 111U.S. 701 (1884) is a case where denial of due process was involved over an assessment of taxes on
    Message 1 of 1 , Jan 2, 2008
      Subject: Hagar Case
       HAGAR V. RECLAMATION DIST. NO. 108  111U.S. 701 (1884)  is a case where denial of due process was involved over an assessment of taxes on reclaimed land.  And it clearly says:  "The acts of congress making the notes of the United States a legal tender do not apply to involuntary contributions exacted by a state, but only to debts, in the strict sense of that term; that is, to obligations for payment of money founded on contracts, expressed or implied." I take that to  means that if there is a contract involved the legal tender acts may apply and they can make a note of the United States a legal tender.  The case further  says "that the legal tender acts had no reference to taxes imposed by state authority, but only to debts, in the ordinary sense of the word, arising out of simple contracts, or contracts of specialty, which include JUDGMENTS ........"...........  JUDGMENTS!    The requirement to pay a judgment with legal tender is a voluntary option because the justices in Hagar recognized (without actually stating such) that Art. 1, Sec10 was binding on a state's  judgments and exactments. Hagar's sole complaint was that his reclaimed property was assessed a tax that he disagreed with and he was not afforded a hearing to present his objection.  The decision as to that issue is of no value to us but what was stated therein to support their decision is because it was based upon a prior decision.  I.e.  Lane Co. V. Oregon, 7 Wall.71. All states have a similar statute defining what is the money of account of the state.  You cannot pay filing fees or judgments with Pesos, Euros, or ??? You must pay with dollars. Not dollars of Canada, Angola or ???
       "The money accounts of this state shall be expressed in dollars or units, cents or hundredths, and mills or thousandths; and all accounts in banks and public offices, and all proceedings in the courts of this state, shall be kept in conformity herewith."
      The state cannot make paper, in any form, a tender in payment of debt. So, as I see it, you cannot pay any judicial money judgment or order because the bottom line  is a judgment that can only mandate  payment with gold and silver coin which we cannot obtain at par value with FRNs.  Simply ask one question of the court; "What can you DEMAND as payment of a judgment that is expressed in dollars." It cannot be in the form of any paper as the state cannot make paper a tender in payment of debt.  Shalom
        Robert Kaltenbach
      Constitutional and Monetary Consultant
      1334 Division Road
      Arnaudville, LA 70512
      337-754-7859   ebobie@...
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