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About The independent. (Lincoln, Neb.) 1902-1907 | View Entire Issue (June 4, 1903)
THE NEBRASKA INDEPENDENT
JUNE 4, 1903.
Other Diseases f '
Men ud Womb we
" CURES OUARANTCED.
Tee, we guarantee to cure all curable cases
of the Nose. .Throat, Chckt, Stomach, Liver,
Heart, Paralysis, Bowel. Bladder, Pimples on
face, Blood, Skin and Kidney Diseases. Piles,
Fistula and Rectal Ulcers. Diabetes and Bright'
$100.00 'or case of CATARRH, RHEUMA
TISM, DYSPEPSIA OR BLOOD POISON WC
CANNOT CURS, IF CURABLE.
HOME TREATMENT BY MAIL.
' Examination and consultation free. Call or
address with stamp, P. O. Box 324.
Drs. Searlis & Searles &sssz
' ' , LINCOLN, NEBRASKA.
Dr. F. L. Searles.
COLORADO FARM LAUDS
Colorado Cllmati Cunt
more invalids than all the phyii-
ciana in the world.
The Grand Valley, Mesa County,
is the garden spot of the west a
land of sunshine, a sanitarium of
health a poor, a Bick or a rich
man's paradise where every
invalid is cured or benefit-
ed, and those in health
enjoy life and pros
perity to its full
Uncle Sam's Largest Irrigation
Canal will be Built in the
Land under this canal can be
bought now for $10 And $12 per acre
and will be worth $30 an acre in
two years. Choice farms, improved
and unimproved, now under perfect
system of irrigation, can be bought
at very reasonable prices. Great
opportunity to buy homes where
crop failures are unknown,
tGeta Farm in the Grand Valley'
where the winters are mild and
short; the summers cool and pleas
ant; where crop failures, cyclones,
blizzards, tornadoes, floods and
drouths are unknown; where every
kind of fruit grows in abundance
and perfection; where land is in-,
creasing rapidly in value; where
farmers get more dollars to the
acre for all kinds of farm products
than in any other part of the Union.
For literature Riving full information of the
Grand Valley, descriptions and prices of prop
erty cai ob or adurf so
WEBER & FARMS,
1328 0 St
. Use Ho Oil-Mix With Wafer
A 12 rear old boj can apply thfs paint successfully.
Hatlefactloa xrted. We pay the freight.
Faint your house inside and outnide. Your barns,
fences and agricultural implements. This Rich
TaseaaKed Mineral Fatat is shipped dry ia 100
lb. packages 1U0 lbs. will cover 1000 square feet of
rough surface such as rough boards and u n d rewind
stone and 2000 square feet of smooth surface such
as walls and ceilings. This paint will not wash,
rnb or peel off and can be polished like hardwood
finish. Price en.OO per 1VO lbs. delivered in
Iowa, Kansas or Nebraska. We pay all freight
charge snd guarantee safe delivery. Remit by
Draft, P. O. Order or Express Order to
B. M. PAINT CO., Railroad Bldg., Denver, Colo.
Paid ap Capitol $160,000.
Try one of Branch & Miller's com
bination orders for groceries. It will
save you money. '
Money and the Taxing Power
All Rights Reserved.
BOOK 2. Chapter IV.
Observing next that men by this
time began to receive by voluntary
agreement these certificates, in dis
charge of private obligations to each
other requiring them to deliver valu
able commodities, and sometimes vol
untarily in satisfaction of judgments
rendered in cases of damages for torts,
the next step taken by government,
ia order tc further intensify the force
of demand for its certificates, is to
enact a law that no judgment of any
of its courts snould be satisfied by
any means, except by the presenta
tion or, "tender" of such certificates
to the custodian of the judgment, or
the officer holding an execution, and
compelling the judgment debtor, at
whatever sacrifice, to procure these
certificates for that purpose.
Slowly and naturally in the pro
cess of time, beginning with the is
suance to meet its own needs of a
certificate to be given as a guarantee
and Inducement to a taxpayer to pay
his taxes In advance,, govern
ments have evolved a thing endoweJ
with the exclusive power by its
"tender" to satisfy both tax levies
and judgments. This thing, no mat
ter what may be its form or upon
what substance impressed, is coin.
It will be needful here to digress a
little in order to consider the nature
of what is called "tender."
Many people have formed an erron
eous opinion as to this power. It is
only "in the public offices" and "in
the courts" that the power of tender
is of the smallest validity. No offers
of payment, no matter how pressing,
if made elsewhere and refused can
avail as a satisfaction. If you hold
my past due promissory note for $10,
it is vain that I offer you outside
of the courts an American gold
eagle and demand my note. Your re
fusal in no way affects the validity
of your claim. By certain later star..
utes and customs you may, by cer
tain acts of refusal, lose your right to
recover usury and costs. But the of
fer of an eagle in the above case, out
side the courts and before judgment,
lr rerused, does not act as a receipt
or in any way invalidate your claim.
iou can still go into court and re
cover a judgment
There, "in the court," I can present
the eagle and its "tender" in "thH
courts of the United States" is a per
emptory receipt and . satisfaction cf
your claim when it Is merged into a
judgment But before judgment no
tender of anything is or can be a satisfaction.-
Every sovereign government has as -sumed
to have authority to declare
what article shall be a peremptory re
ceipt and conclusive evidence of pay
ment by its "tender "in th nnhlir
onices" against tax levies, and "in
tne courts" against judgments. The
power, of "tender" is operative no
where else. It exists nowhere else.
Now, it is a remarkable fact that
while the states of this Union, which
possessed inherent sovereign powers,
granted to congress, which has no
inherent powers, the cower to "coin"
our "money," they neither granted the
power to "fix the standard of mnnev"
nor to declare what article or articles
shall be a "tender" in "the public
offices" or "in the courts of th? United
States. The Dower to coin mnnw
was granted to congress and prohib
ited to tne states. The states which
previously had power, no doubt, to
make anything theymight choose a
tender In all payments are prohibited
by the constitution from making
"anything but gold and silver coin"
a tender In payment of debts. 1 But
while the states retained the power
to make gold and silver coin a ten
der In payment of all debts, the
United States was not granted -tha
power to make anything such tender,
Clearly no article is such tender by
any inherent power of its own.
On the face of the matter as it
stands, therefore, there is no article
whatever which is a tender in pay
ment of debts in this country, because
congress was not granted any power
to declare that anything shall be a
tender; and while each of the statss
has retained the power to make "gold
and silver coin a tender in payment
of all debts," It is not believed that
any considerable number of them
have done so. The result is that no
article has been designated which has
the power to be a tender in payment
Notwithstanding that such is the
condition, as it exists under the con
stitution, yet because of the little
knowledge possessed by men upon the
science of wuuey the Srst congress
did, without any constitutional au
thority, enact a law by which to "fix
the standard of money" and by which
it did declare what article shall be
"a tender in all payments." And i:
must be admitted that the power to
declare what shall be a tender is not
an incident to the power to coin
Although entirely without author
ity, It is believed that, having bean
acquiesced in for more than a hun
dred years bad as such a precedent,
is in a case of bold usurpation, tee
courts would hold the act constitu
tional and that the power to "fix the
standard of money" and the power t3
declare what article shall be a "ton
der" In all payments passed to con
gress as a power necessary in the
exercise of the - powers actually
It becomes apparent, then, that
three separate and distinct things arc
involved in this discussion:
1. The oower to "fix the standard
of money," which-is exercised by ti e
selection of the symbol to be the term
by tne use of which the "valuation"
of quantity of the force of demand
for commodities may be expressed, so
that the taxing power may be exer
cised and justice admirlstered II
making tax levies and in the rendi
tion of judgments "in the miblic
offices and in the courts of the United
2. The power "to coin" that
'money." when it is so fixed, is the
power to stamp or "coin" the symbol
adopted uoon a suitable substance
as a means of anticipating the rev
enues, thus making receipts against
future tax levies and exchanging them
for needed services and materials,- to
enable government to carry on its
S. The power to declare what thine
or things shall be "a tender in all
payments," by which is meant the
power to declare what article by de
livery shall peremptorily perform th
office of a conclusive receipt and can
cel, by its "tender," all tax levies "In
tne pudhc oinces";and all judgments
m tne courts of the Unked States."
Notwithstanding our habits of
thought have fixed sucn an idea in 011
minds, yet coin is only one thing law
might endow with power of tender. .;
While it is clear that the constitu
tion fails to give congress any pow
er over two of these points; yet con
gress having exercised tnat power.
though without authority, for so long
a period of time, we will consider the
matter settled by prescription; and
"coin,", therefore, or its substitute. Is
the on 1 y thing endowed by statute
with the power, of tender..
Hurt So Badly Was
Had no Sleep Could
Hardly Lie Down.
Dr. miles Nervine Fer
manently Cured Me.
Now, when a government' has
evolved such certificates of payment
of tax levies, for any number of year?
in advance of such levies, as a means
of anticipating its revenues, and in
scribes upon these certificates (in the
"money" symbol, with the numerals)
the quantity of value it received for
them and for which they must be ac
cepted as a peremptory receipt and
conclusive proof of payment agaiast
all tax levies, then that government
has exercised the power to "coin" its
"money." To coin money is to stamp
or print the symbol (which Is the
"money") of the government that i3
performing: the act. To "coin money"
is a phrase of the same character as
is to "print words." The result, of one
is "coin;" the result of the other may
be a "composition," an "editorial," a
"poem," or a "drama." The phrase
"to coin money" has no reference to
the material or substance upon which
"money'! shall; be "coined."
(Continued Next Week.)
"THE BEST OF
SUMMER TOURIST RATES :
Hot Springs and Return. ... k. .... .$15 50
Dead wood, Lead, S. D., and Ret $17 85
St Paul and Minneapolis and Ret.. $15 15
Above on sale June 1st to Sept. 30. Return
limit October 31st City Ticket Office 1024 O St r
R. W. McGINNIS, General Agent, Lincoln, Nebraska.
"A year ago I suffered from extreme nerv
ous .stomach trouble. I was afraid of every
thing, could not bear to hear singing or musie
and reading or hearing of a death nearly ;
brought on my own. I could not sleep or
hardly lie down, the back of my head hurt .
me so badly I nearly went crazy. My shoul
ders hurt and the least thing I did would
bring on an attack of extreme nervousness.
There were times when 1 would have a lump -in
my throat and my mouth would be so dry
I could hardly speak. I was in despair until
I began to take Dr. Miles' Restorative Nerv
ine. I have taken in all twelve bottles and '
consider myself permanently cured. My
home doctor has since remarked on my :
healthy appearance and said he wished he
could say his medicine helped me. He -knows
it was Dr. Miles' Nervine. We are
never without the Anti-Pain Pills and con
sider your medicines household remedies. I .
cannot say enough for the Nervine, because
ia addition to my own case my daughter,
who was out of school for a long time be
cause of St Vitus' dance, was completely
cured by eight bottles. She is now feeling
fine and going to school every day. We
thank you tor your kindness and will never
stop singing the praises of Dr. Miles' Restor
ative Nervine." Mrs. C E. Ring, Lima, O.""
- All druggists sell and guarantee first bot
tle Dr. Miles' Remedies. Send for free book .
on Nervous and Heart Diseases. Address
Dr. Miles Medical Co, Elkhart, lad.
The Hotel Walton
1516 O STBKXT. . . "
the best and most convenient low priced
house in the city. Rates $1 per day and up.
AS AN UNDERWRITER you
are given a liberal stock bonus
for each share of stock you have
A new prospecting company,
recently organized, is offering
through us, a limited amount of
underwriter's stock. WE RE
COMMEND this stock to our
clients: the company owns val
uable mining properties and
has no liabilities.
Write for particulars.
THE MINES EXCHANGE, Ltd.
Fiscal Agents, Box E 1006.
112 Clark Street, "Chicago, 111- f
Tar your Farm, Bsslsess,
Home, or . property of any
kind, no matter where lo
cated. - If you desire a quick
sale, send ns description and
Drice. Northwestern Busi
ness Agency, N 313 Bank of Commerce Bldg.,
NOTICE TO CREDITORS.
Estate No. 1765 of Jesse E. Shotwell Deceased,
in County Court of Lancaster County, Ne
The State of Nebraska, as: Creditors of said
estate will take notice that the time limited for
presentation and filing of claims against said
estate is January 2, 1904, and for payment of
debts is July 1, 1904; that I will sit at the connty
conrt room in said county, on October 1st, 1903,
at 2 p. m.. and on January 2d, 1904 at 2 p. m. to
receive, examine, hear, allow, or adjust all
claims and objections duly filed. Dated Mar
21, 1903. ; FRANK R. WATERS,
By WALTER A. LEESK, Clerk.
' I. U. Hatfield Attorney.
Notice is hereby given that the undersigned
have formed a corporation under the laws of
the state of Nebraska under the style of Points
Coupee Plantation Company, having its princi
pal place of business at Lincoln, Nebraska, with
a capttal stock of $15,000, of which f 7,000 shall
be paid in before the beginning of business.
Said corporation has power to buy and sell real
estate, merchandise, lumber; own and operate
factories, cotton gins, and saw mills, and such
railroads, and tramways with their equipment
as may be necessary to operate the same; to
borrow money and mortgage real estate to se
cure the payment thereof. Said corporation
began business on March 23, 1903 and snail con
tinue for 50 years; its highest amount of indebt
edness shall not exeeed two-thirds of Its capital
stock; and its affairs shall be managed by a
board of aeven directors, C 8. Allen, L H.
Hatfield, John Carr, Will Owen Jones, Paul F. '
Clark, J. H. Humpe, H. C. Eddy.
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