Commonwealth v. Puder

Citations

• 67 Pa. Super. 11
• 1917 Pa. Super. LEXIS 330

Syllabus

<p>Constitutional law — Special legislation — Classification—Money lenders — Act of June 17, 1915, P. L. 1012.</p> <p>The Act of June 17, 1915, P. L. 1012, regulating the business of loaning money in small sums “to individuals pressed by lack of funds to meet immediate necessities,” fixing the rate of interest and requiring the licensing of lenders, is not special legislation within the meaning of Art. Ill, See. 7 of the Constitution of Pennsylvania.</p> <p>The act does not arbitrarily create a class of money lenders1, loans and borrowers where no real distinction existed between them and other lenders, loans and borrowers, but it recognized a class which had created itself and put a reasonable limitation of $300 on the class of transaction in .which its members participated.</p> <p>Classification by a statute with the view of legislating for either class separately, is essentially unconstitutional, unless a necessity therefor exists, — a necessity springing from manifest peculiarities clearly distinguishing those 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 other.</p> <p>Constitutional law — Title of act — Regulation of money lending —Act of June 17,1915, P. L. 1012.</p> <p>The Act of June 17, 1915, P. L. 1012, entitled “An Act regulat-. ing the business of loaning money in sums of Three Hundred ($300) Dollars or less, either with or without security, to individuals pressed by lack of funds to meet immediate necessities; fixing the rate of interest and charges therefor; requiring the licensing of lenders, and prescribing penalties for the violation of this Act” does not violate Art. Ill, Sec. 3, of the Constitution of Pennsylvania, in that its title is insufficient.</p> <p>The court will not sustain a contention that the act is void because its title does not clearly indicate the fact that an unlicensed person is liable to be punished criminally for any lo