The Hawaiian gazette., 1882-11-01

The following opinion and charge to the jury il
the Lazaraus-Trosseau case by Chancellor judo
will undoubtedly be interesting to a great many
readers bearing it does upon subject of great
Importance to the mercantile community.
The written opinion Of the Chief Justice. before
whom the case was heard, is as follOws:-
Il am of the opinion that no legal tender has
been made
The Act of 1872 made the United States half
dollar, which is Silver Coin the Standard of value
n this Kingdom, and all other Coin had to be rated
/ according TO this standard.
English and Australian soyereirns were rated AT
- by Resolution Of His Majesty in Privy Council
Of which public notice was given ON April 18th 1876
/ This must mean that soyereigns were to be legal
tender at the value of s. in the legal Standard of
the Kingdom at the time, :. =. the American half
/ dollar.
But the Act of 1876 changed the standard of
this Country from Silver to Gold. ItalsO expressly
repealed the Act of 1872, and by fair reasoning
can the resolution of the Privy Council of April,
ls16, be construed now TO that the sovereign
Is receivable as legal tender equal 10 five dol
lars in American gold.
" incline greatly to the opinion that the Act of
ls76 worked repeal of all Resolutions Of the Privy
! Council, based upon the Silver Standard, but
whether this be not, the rating of Gold Coins
other than those Of the United States as worth 80
many United States silver half dollars cannot be
stretched to mean any more than this.
A. F. jump,
Oct. 25rd' les2. Chief Justice, Presiding
The following is the charge of the Chief Justice
to the jury:
money Is the circulating medium for exchange
Of values. Anything can be used as money, but
the experience of ages has shown that gold and
silver are the best metals to be used as such, on
account of their comparative scarcity and their
durability, as well as their value in the arts and
because many articles useful to mankind are best
made from these metals.
In this Kingdom, by the Act of 1872, the Amer
ican haf-dOllar silver was made the standard of
value and legal tender for all debts.
Is In 1876 this was changed TO gold by the Legis-
lature. By this law from and after March l. 1871
the gold coins Of the United States were made the
standard Of value and legal tender United States
silver is the legal t1nder for the payment of all
debts Of so or less.
" In my opinion tlis is the reason why United
states gold has been driven from circulation. As
the majority of money transactions are in sums of
$50 or less and as United States silver dollars pass
at nominal value, less than their intrinsic value
in United States gold, by well-known law of cur
rency the silver has driven the gold from circulation
Whether this be so or not, at the present time, by
common consent, the law is not enforced which |
makes 70 per cent Of gold legal tender where the
payment IS for lOOO, and silver is practically the
circulating medium.
But the custom or usage of any co immunity can
not override the law. As long this Law stands on
the statute book it is right of any creditor to exact
his proportion Of gold In this case the plaintiff
took drafts for his land They orders on de
fendant's agents, or bankers TO pay certain sum
Of money. They were not money, but they called |
for money.
If you find that plaintiff presented the draft for
payment, and that payment was required in legal Il
tender. and that IT was refused to be paid. then
plaintiff had right TO bring this suit.
Plaintiff was not bound TO take a check. That Il
would be merely the substitution of one paper for
another. 4 demand is a request for the immediate /
payment of the amount in cash. If you find from
all the circumstances that enough said to make
Schaefer 4 Co cashier believe that Lazarus want
ed his legal percentage Of U. s. gold for this draft
and that it was refused him, then you must find a
verdict for the plaintiff. The court has not the
power to compel you TO find such verdict by
physical torture, but by the law of this land you
Are bound to follow the instructions Of the court
and by the obligation Of your oaths to render a
verdict according to the law and the evidence-no
questions Of the general policy or impolicy Of |
plaintiffs act should control you.
The feelings Of like or dislike for either party
in this Will, am sure not influence you in the
least A conscientious verdict is all that is asked
Tor by the Court as we'll az BY the parties
The jury tthe second one having charge of the
,asel then retired, but notwithstanding they were
allowed 10 remain in close communion in the jury
-oOm from AS P. n. Monday tthe I'd inst l
until tie next morning at $50 O'Clock, they yet ]
is;led 10 agree. A change Of rsHHe will most pro- 4
1ably be obtained and on the next occasion Of ]