The independent., 1903-03-12
Money and the Taxing Power
BY w. II. ASHBY.

tion of the specific things taxed, and
where, as a consequence, no coin"
of the modern kind was used for that
purpose, no such coin" would exist.
1t is also evident that under such con-
ditions, all claims between citizens,
arising out of torts or contracts, would
necessarily be satisfied by the deliv-
cry of such commodities as the people
possessed, at the same price" at
which they were appraised and re-
ceiyed for taxation.
After the adoption of a standard OF
money IN order to make possible the
process of taxation, the ''prices" of
all taxable articles would be ex-
pressed in the term of money. All
claims between citizens must either be
satisfied by agreement or else by adj
judication in the courts. If by agree
ment, then anything agreed to
be taken would satisfy the claim.
Whoever appeals to the courts there
by submits himself to their jurisdic-
tiOn and is bound to accept what JUS
tice, SO administered, awards him
istence, and all taxes were paid in the
specific articles taxed, the courts de-
creed payment of all claims in the
commodities which were received in
the payment of taxes. The quantity
OF valuation decreed by the court
would be expressed in the judgment
OF the court by the term of money"
in the same manner as it would be ex-
pressed in the tax levy
But we saw that the option of Sc
lecting the articles to be delivered in
satisfaction of the tax levy is with
the government. A tax levy, for ex-
ample, expressed as having been
made upon 1000 "hogs,' might in fact
have been made upon 1000 hogs 100
sheep, 10 cows, and horse It would
be satisfiable lat one-tenth) by the
delivery of 400 hogs But the govern
ment might prefer cows or sheep, and
in that case the taxpayer would have
no option. as it is the government in
all lands and in all times that deter
mines in what things tax levies shall
be paid.
But where Judgment was rendered
by the courts, against one citizen in
favor OF another, under the condi-
tlons named, for the same quantity of
value as the tax levy above referred
to, it would be expressed in the term
OF money supposed in that case,
and would be 400 hogs" 1t would
be satisfiable by any taxable goods OF
that quantity of taxable valuation,
but the option of choosing the ar
ticles in which it should be paid,
would rest with the debtor; and he
could deliver in satisfaction of the
Judgment any articles capable of sat
isfying a tax levy, at the price at
which they were taxable.
The courts employed the same mon
ey symbol which was used in levying
taxes, and the judgment was rendered
in that money" ..... -.-~.
ollowlng this ancient and natural
rule, the statute above referred to re-
CURES that the proceedings in the
courts of the United States shall be
had in the STANDARD of money"
then adopted. This makes the use of
the symbol, constituting the stand
NeAN ~ ShitCo SCdtco mOu6y, III u
tory in all our courts. The ef
fect OF that statute is to require that
all judgments rendered in the courts
OF this country shall be expressed in
Dollars" aided by the numerals And
so 1T is made mandatory that the
quantity of valuation of all tax leyies
and of all judgments, '.in the public
offices and in the courts" shall be ex-
pressed by the use of the term or
symbol which is "money"-and in no
other manner.
In fact, fixed quantity of yalua-
ton cannot be expressed in any other
way in this country, for the reason
that we have no other word which
we can use for that purpose. and the
statute makes the use of the word
Dollar compulsory ''in the publ,
offices and In the courts of the United
States Thus it is apparent that the
money of the United States, CONSISTING
OF the symbol and the requisite nu-
merals, was by the statute appointed
to an Office in furtherance of the ey-
ercise of the taxing power and of the
administration of justice; and that
the performance of the duties thus as
signed to 1t constitutes it's function.
| AS 1t has been appointed by law to