Herald v. State

WALTERS, Chief Judge.

Richard Herald appeals from an order of the district court dismissing his declaratory judgment action to determine “the substance of the money of account of the United States.” In his action, Herald queried whether it was legal for him to pay his assessed real property taxes with federal reserve notes. In particular he questioned the authority of Congress to establish the Federal Reserve System and to allow issuance of federal reserve notes as currency through that system. He argued that Art. 1 § 10 of the United States Constitution precludes payment of his taxes in…