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Any comments before I post the case???

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  • Geo Th
    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
    Message 1 of 1 , Jan 29, 2004
      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 the payment of money founded on contracts, express or implied. This point was decided in Lane Co. v. Oregon, with reference to the first legal-tender act of 1862. Subsequent acts imparting the legal-tender quality to notes did not change the general language of that act. They make such notes a legal tender 'in payment of all debts, public and private, within the United States.' In the case mentioned a statute of Oregon requiring the payment of taxes for state and school purposes to be collected in gold and silver coin was sustained on two grounds: First, that it was the right of each state to collect its taxes in such material as it might deem expedient, either in kind, that is to say, by a certain proportion of products, or in bullion, or in coin, the court observing that the extent to which the power of taxation of the state should be exercised, the subjects upon which it should be exercised, and the mode in which it should be exercised, were all equally within the discretion of its legislature, except as restrained by its own constitution and that of the United States, and by the condition that the power could not be so used as to burden or embarrass the operations of the federal government; and, second, that he legal tender act 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 and recognizances
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