The independent. (Lincoln, Neb.) 1902-1907, June 04, 1903, Page 16, Image 16
16 THE NEBRASKA INDEPENDENT JUNE 4, 1903. MIT! 0 LIU SEARLES & SEARLES SPECIALISTS IN Nervous, Chrcnlc, ' AND Other Diseases f ' Men ud Womb we CURB ALL MEll'S DISEASES " 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' Disease. $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. 1 COLORADO FARM LAUDS FRUIT FARMS GENERAL FARMS: STOCK RANCHES Colorado Cllmati Cunt more invalids than all the phyii- ciana in the world. The Grand Valley, Mesa County, Colorado, . 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 est extent; Uncle Sam's Largest Irrigation Canal will be Built in the Grand Valley. 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 Lincoln, Ncbr COLORADO RED MINERAL PAINT . 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 BYW.H.ASHBY. 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 of debts. 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 money. , 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 granted. 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 States." 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 operations.. - 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 Nearly Crazy. 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 EVERYTHING." 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 $1 per day and up. r JL m 5$ wim 1 ABHUS AS AN UNDERWRITER you are given a liberal stock bonus for each share of stock you have underwritten. " 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 1L 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., Minneapolis, Minn. NOTICE TO CREDITORS. Estate No. 1765 of Jesse E. Shotwell Deceased, in County Court of Lancaster County, Ne braska. - 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, Connty Judge. By WALTER A. LEESK, Clerk. ' I. U. Hatfield Attorney. '" NOTICE 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.