Commonwealth v. Puder

Citations

• 261 Pa. 129
• 104 A. 505
• 1918 Pa. LEXIS 698

Syllabus

<p>Constitutional law — Constitution of Pennsylvania — Special legislation — Reasonable classification — Small loans — Act of June 17, 1915, P. L. 1018 — Statutes—Construction—Titles — Sufficiency — Legislative power delegation — Discretion—Presumption.</p> <p>1. Every presumption is in favor of the validity of the exercise of legislative power, and an act must be upheld unless its provisions plainly violate a constitutional mandate.</p> <p>2. A classification to be valid must be based upon a necessity springing from manifest peculiarities, clearly distinguishing those members of one class from each of the other classes and imperatively demanding legislation for each class, separately, that would be useless and detrimental to the others.</p> <p>3. The legislature is the sole judge of the wisdom and expediency of a statute, as well as of'the necessity for its enactment, and whether the legislation be wise, expedient or necessary is without importance to the court in determining its constitutionality.</p> <p>4. The Act of June 17, 1915, P. L. 1012, regulating the business of loaning money in sums of $300 or less to persons pressed by lack of funds to meet immediate necessities, and prescribing penalties for its violation, is not open to the objection that it is special legislation in.violation of Article III, Section 7, of-the Constitution of Pennsylvania as there appears to be both a necessity and a valid basis for the classification of the business of loaning money in small amounts to persons in the situation contemplated by the statute.</p> <p>Commonwealth v. Young, 248 Pa. 458, distinguished. .</p> <p>5. All the Constitution requires is that the title of an act shall fairly give notice of its subject-matter to reasonably direct the inquirer to the contents.</p> <p>6. The title of the said act which reads “An act regulating the business of loaning money in sums of $309 or less......; fixing the rates of interest and charges therefor; requiring the licensing of lend