Quote Originally Posted by Chex View Post
HRJ 192 declared void in 1982!!

Congress Reinstates Gold Clauses for contracts!!

I do NOT need your stamp of approval period. (Emphasis added).

Here is some info that you will all enjoy reading:

"The holding of gold remained prohibited until 1973, when Congress repealed the 1934 ban on private ownership of gold (87 Stat. 352 (1973), as amended by 88 Stat. 445 (1974), but did not address the 1933 prohibition of gold clauses.

This omission was remedied in 1982, when the statute was adopted (31 U.S.C.A. 5118(d)(2) (1983), hereinafter "section 5118"). The language provided that obligations covered by gold clauses prior to 1977 are, as before, dischargeable dollar for dollar with United States currency. . . . Gold clauses are enforceable after October 27, 1977, pursuant to section 5118; . . .Therefore, the gold clause contained in the August 28, 1982 contract is enforceable.

The amount of rent owed under the gold clause and the date from which it should accumulate will be determined at trial. THEREFORE, plaintiffs motion for partial summary judgment is GRANTED."

The FAY CORPORATION a Washington corporation, Plaintiff v. BAT HOLDINGS 1, INC., also known as Marshall Field & Co., a Delaware corporation; and Frederick & Nelson Seattle, Inc., a Delaware corporation, Defendants. No. C86-542D. United States District Court, W.D. Washington, at Seattle, 646 FEDERAL SUPPLEMENT 946, 948, 952, 953 (October 23, 1986). And;

"This court concluded that the effect of novation was to revive the original gold clause. Thus rent after August 28, 1982 is to be made pursuant to the original lease terms "in lawful gold coin of the United States of America of the present standard of weight and fineness. . . ."Lease, Article II." FAY CORP. v. BAT HOLDINGS I INC., 651 F. Supp. 307, 308 (W.D. Wash. 1987). And;

"The court found the gold clause in the commercial lease to be enforceable. . . . Congress determined in 1977 that obligations entered into after 1977 would be enforceable. 31 U.S.C. section 5118(d)(2) (1983)." FAY CORP. v. FREDERICK & NELSON SEATTLE, INC., 896 F.2d 1227 (9th Cir. 1990). And;
HJR-192 was not what was important.

Government's claimed power of confiscating property via eminent domain is what the issue truly is.

Executive orders such as 6102 and the The Gold Reserve Act of 1934 are also of greater importance than HJR-192.