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COMMONWEALTH PENNSYLVANIA v. DAVID P. VENEN (06/19/81)

filed: June 19, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
DAVID P. VENEN, APPELLANT



No. 754 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Washington County, Criminal Division, at No. 595 of 1980.

COUNSEL

David P. Venen, Avella, appellant, in pro. per.

Herman Bigi, District Attorney, Washington, submitted a brief on behalf of Commonwealth, appellee.

Brosky, DiSalle and Shertz, JJ.

Author: Brosky

[ 288 Pa. Super. Page 144]

Appellant was charged with five (5) summary offenses, all involving the overtime parking violations in Washington, Pennsylvania.*fn1 All the violations occurred during 1979 and 1980. Venen admits that he was guilty of all offenses, but contends that he is prevented from paying the fines assessed against him because of the Act of Congress, June 5, 1933.*fn2

The Act provides:

[ 288 Pa. Super. Page 145]

Joint resolution to assure uniform value to the coins and currencies of the United States.

Whereas the holding of or dealing in gold affect the public interest, and are therefore subject to proper regulation and restriction; and

Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency of the United States, or in an amount in money of the United States measured thereby, obstruct the power of the Congress to regulate the value of the money of the United States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or issued by the United States, in the markets and in the payment of debts. Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law.

(b) As used in this resolution, the term "obligation" means an obligation (including every obligation of and to the United States, ...


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