By late May, the group had won the April competition and was waiting for the Pepsi funds, before tendering a down payment on the Theatre, initially planned for June 10.
Article 1, Section 10 of the Constitution says no state shall coin money, though Mr. Hilton and some others argue that a phrase used later, saying no state shall "make anything but gold and silver coin a tender in payment of debts" can be read as a license for Utah's new law and, perhaps, for a state's right to mint its own coins.
In that case the effect of a tender in payment of taxes upon the subsequent act of the collector in seizing the personal property of the tax-payer was considered and decided, but there is nothing in the opinion which countenances the idea that such a tender was a payment of the taxes, so as to extinguish all subsequent claim of the state therefor.
coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; [or] pass any..
Some have noted that Article 1, Section 10 of the U.S. Constitution says that "No State shall...coin money". But the article then adds that states shall not "make any Thing but gold and silver Coin a Tender in Payment of Debts". Marshall's bill argues that clause, and some 19th century Supreme Court rulings, make Virginia coins legal tender.
The Constitution prohibits states from coining their own money and/or making anything other than gold or silver coins a tender in payment of debts.
If he defends the action on the ground of a lawful tender of payment, he must, of course, plead the tender, and may rightfully be required to bring into court the tender alleged to have been made.
The city tendered a substantial down payment but could not honor future installments and the city's ownership of the land was in jeopardy.
The bills would be "lawful money and a legal tender in the payment of all debts".
In that ruling, which was unpopular with business interests, the court held that the federal government did not have the power to make greenbacks legal tender for payment of debts contracted in gold dollars.
