Beasley v. Cahoon

• Decision Date: 16 March 1933
• Citation: 109 Fla. 106,147 So. 288
• Parties: BEASLEY v. CAHOON, Sheriff.
• Court: Florida Supreme Court

147 So. 288

109 Fla. 106

BEASLEY v. CAHOON, Sheriff.

Florida Supreme Court

March 16, 1933

Rehearing Denied April 10, 1933.

En Banc.

Error to Circuit Court, Duval County; George Couper Gibbs, Judge.

Habeas corpus proceeding by M. S. Beasley against W. B. Cahoon, as sheriff of Duval county, Fla. Judgment was entered remanding the petitioner, and petitioner brings error.

Affirmed.

BUFORD J., dissenting.

COUNSEL John E. Mathews, Lacy Mahon, Moe Safer, George C. Bedell, and Chester Bedell, all of Jacksonville, for plaintiff in error.

Cary D Landis, Atty. Gen., and Albion W. Knight, of Jacksonville for defendant in error.

David J. Gallert, of New York City, and John S. Bradway, of Durham N. C., amici curiae.

The indictments herein severally allege as follows:

'In the name of and by the authority of the State of Florida:

'The Grand Jurors of the State of Florida, empaneled and sworn to inquire and make true presentment in and for the body of the County of Duval, upon their oath do present that M. S. Beasley and A. H. Cooledge, whose full names are to the Grand Jurors unknown, late of the County of Duval and the State of Florida, on the third day of January in the year of our Lord, One Thousand Nine Hundred and Thirty Two, in the County and State aforesaid, being then and there engaged in the business of making loans of money in the amount or to the value of three hundred dollars or less, without first obtaining a license from the Comptroller of the State of Florida and entering into bond as required by law, and as such lender of money, did then and there loan to one Edward Clance a sum of money, to wit, the sum of thirty five dollars and did charge and receive thereon interest at a rate exceeding ten per cent per annum; contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Florida.'

In habeas corpus brought by M. S. Beasley before a circuit judge, the following final judgment was rendered:

'This cause coming on to be heard upon the petition of M. S. Beasley, averring his illegal detention by the Sheriff of Duval County and praying for the issuance of a writ of habeas corpus and discharge upon final hearing by this Court, upon the writ issued pursuant to said petition, and the return of said Sheriff to said writ, the petitioner being present in proper person and by counsel, the State of Florida being represented by the Assistant State Attorney and the Assistant County Solicitors, and the Court having heard the argument of counsel, and it appearing to the Court that said Sheriff is holding said petitioner in custody by virtue of a certain capias issued out of this Court based upon the several indictments alleged in said petition, that said indictments are, severally, for alleged violations of chapter 10177, Laws of Florida, 1925, that the sole contention of petitioner is that said Act of the Legislature is unconstitutional and void upon the grounds set forth in said petition, that careful examination by the Court of said grounds, shows their insufficiency, that said Act of the Legislature is not in conflict with, nor does it violate the Constitution of the United States or the Constitution of the State of Florida, and that said petitioner is lawfully in custody, it is thereupon, ordered and adjudged that the said petitioner, M. S. Beasley, be, and he is, hereby, remanded to the custody of the Sheriff of Duval County, there to remain until he is legally discharged from such custody.

'It is further ordered and adjudged that the costs herein assessed by the Clerk in the sum of four and 70/100 dollars be paid by the petitioner, M. S. Beasley.

'Done and Ordered, at Chambers, Jacksonville, Florida, this 26th day of September, A. D. 1932.

'George Couper Gibbs, Judge.'

'All men are equal before the law, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing happiness and obtaining safety.' Section 1, Declaration of Rights, Florida Constitution.

'No person shall be subject to be twice put in jeopardy for the same offense, nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken without just compensation.' Section 12, Declaration of Rights, Florida Constitution.

'The Legislature shall not pass special or local laws in any of the following enumerated cases: that is to say, regulating the jurisdiction and duties of any class of officers, except municipal officers, or for the punishment of crime or misdemeanor,' etc. Section 20, art. 3, Florida Constitution.

'In all cases enumerated in the preceding section all laws shall be general and of uniform operation throughout the State,' etc. Section 21, Art. 3, Florida Constitution.

Chapter 10177, Acts of 1925, is as follows:

'An Act to License and Regulate the Business of Making Loans in Certain Counties in Sums of Three Hundred ($300) Dollars or Less, Secured or Unsecured, at a Greater Rate of Interest Than Ten Per Centum Per Annum; Prescribing the Rate of Interest and Charge Therefor, and Penalties for the Violation Thereof, and Regulating the Assignment of Wages or Salaries, Earned or to Be Earned When Given as Security for Any Such Loan.

'Preamble.

'Whereas, there is and has long been conducted in this State, an extensive business of making small loans to persons in need of funds to meet immediate necessities, of little financial responsibility and unable to furnish indorsements or securities acceptable to banks and financial institutions; and Whereas, the conduct of such loan business has long been a cause of general complaint and of much hardship and injustice to poor borrowers, and there is no existing legal regulation of the business of making small loans that has proved effective for the protection of such borrowers and for the punishment of usurious money-lenders, and the suppression of extortionate practices; and

'Whereas, it is recognized that the business of lending small sums of money, repayable in weekly or monthly installments, unsecured or upon unsubstantial security, does exist and will persist through public necessity for such loan service and that there exists a legitimate need for a law which will enable such loans to be obtained and the lenders to be licensed and supervised under proper restrictions and regulations; and

'Whereas, it is desired to suppress the 'Loan Shark' evil, by authorizing and regulating the conduct of the business of making small loans, upon fair and lawful terms, thereby inducing reputable money-lenders to obtain State licenses.

'Therefore, this remedial act in exercise of the police power of the State to promote the public welfare by giving relief to needy borrowers and by regulating the business of making loans of the classification defined, which demands appropriate legislation, based upon a necessity springing from distinct differences from other classes of money-lenders and loans.

'Be It Enacted by the Legislature of the State of Florida:

'Section 1. That no person, co-partnership or corporation shall engage in the business of making loans of money, credit, goods or things in action in the amount, or to the value of Three Hundred ($300.00) Dollars or less, and charge, contract for, or receive a greater rate of interest than ten per centum per annum therefor, except as authorized by this Act, and without first obtaining a license from the Comptroller of the State of Florida, hereinafter called the licensing official.

'Sec. 2. Application for such license shall be in writing and shall contain the full name and address, both of the residence and place of business of the applicant; and if the applicant is a co-partnership, of every member thereof; or if a corporation, of each officer thereof; also the county and municipality, with street and number, if any, where the business is to be conducted. Every such applicant at the time of making such application shall pay to the licensing official the sum of One Hundred ($100.00) Dollars, as an annual license fee and in full payment of all expenses for examinations under, and for administration of this Act; provided that if the license is issued for a period of less than twelve months the license fee shall be prorated according to the number of months that said license shall run.

'(a) All license fees herein provided for shall be collected by the licensing official and shall be turned into the State Treasury. The licensing official shall have full power to employ such examiners or clerks to assist the licensing official as may from time to time be deemed necessary and fix their compensation, and all salaries and expenses necessarily incurred in the administration of this Act shall be paid out of license fees collected and turned into the State Treasury under the provisions of this Act, upon the presentation of itemized vouchers, duly verified, and having the approval of said licensing official. The Licensing official. The licensing official shall issue his warrant on the State Treasurer for such salaries and expenses, as the State Treasurer shall pay the same out of said fees, and for that purpose the said fees are hereby appropriated for use during each fiscal year.

'Sec 3. The applicant shall also, at the same time, file with the licensing official a bond in which the applicant shall be the obligor, in the sum of One Thousand ($1,000.00) Dollars, with one or more sureties, whose liability as such sureties shall not exceed the sum of One Thousand ($1,000.00) Dollars in the aggregate, to be approved by the licensing official, and said bond shall run to the ...