The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-11
STATE CONFIRMATION OF MA
TIONAL LAW.

The Senate Of Pennsylvania, by an al
most unanimous vote, recently passed an
act, together with memorial recommend
ing its passage by all of the states, en-
titled, 'An Act TO prescribe the mode of
payment of obligations of debt contracted
to be paid in money" The act is short,
and in the opinion of that distinguished
jurist, ex-Judge f. Carroll Brewster, sex
presses more law and more common sense
In briefer compass than any other statute
upon our books"
This entire statute Is embraced in the
one brief paragraph, THAT from and after
the passage of this act all obligations of
debts, contracted to be paid in money,
shall be payable-au stipulations TO the
contrary Observation-Disclosures either the
notes, gold, or certain silver coin author
lied by the congress Of the United States
as legal tender" The gist Of the statute
is contained in the parenthetic portion,
'tall stipulations TO the contrary notwith-
standing"
The motive Is TO do awsy with practice
that has received the sanction of Law In
some states, of authorizing and requir-
ing the courts 10 enforce specific contracts
for the payments Of one in preference to
other kinds Of lawful money of the United
States.
Mr.. James Milliken, of Bellefonte, Pa,
who is probably the author of the proposed
statute, has published q rongly-argued
pamphlet OF 10 pages. entitled Law, and
Legal-Tender Money" in support of its
principles. THE time" he contends, "has
fully come when the statutes Of the sepa-
rate states should hinder 9 rapacity that
attempts to evade the laws Of our country
that il may gather gain" and further.
that ''No republic can live IL the laws of
its states cannot be made 10 conform 10
the statutes of the nation, nor can il exist
in peace and honor with one currency for
the lender Of money 10 demand Of the
debtor, and another, deemed Of less value
for the business and commerce ofits whole
people,"
Thus far his argument will command
general approval and is not open to serious
criticism. But the same is not so clear as
to the argument in his introduction, as
suming to answer the possible objection
that such legislation by a state traverses
the provision of the federal constitution,
that no state shall 'make anything but
gold and silver coin tender in payment
of debts"
On this point he says that the proposed
Law docs not attempt, on the part of the
state, to make any money a legal tender
il confirms what congress makes a legal
tender" This is distinction without a
difference. Unless the proposed legislation
would have the effect to make one
kind of United States money-treas-
ury notes, for instanee-a legal tender
In payment of debts for which payment in
snother kind of money-gold, for in
sance-had been stipulated" it would
sc mere brutun .fstlmen and of none eff
feet, therefore nonsensical. He NAV call
it confirming" but If efIectual for any
purpose that the United States law does
not accomplish, the state law would to that
extent make other than gold and silver
coin legal tender.
AS 10 Mr.. Milliken's contention that the
law which he urges all of the states 10
pass does not impair the obligation of
contracts" then neither do the United
States laws which make treasury notes
and standard silver dollars legal tender
far the payment OF all debts. public and
private. If these as they stand are not
potent, "au stipulations TO the contrary
notwithstanding" state law that merely
confirms" them cannot have that effect.
The idea is fanciful and untenable that
seontract or agreement for the payment
of one kind necessarily depreciates or dis
credits other kinds of money. Those most
seriously discredis and injure silver and
paper, and most conduce TO create an arti-
fetal preference for gold, who are most
active in attempts 10 "force" the former
into equal favor with the latter. The
fewer the legislative rules and restrictions
they are hampered with, the healthier and
more prosperous will be the financial and
business interests Of the country.