Morgan v. Lowry, (No. 6782.)

• Decision Date: 11 April 1929
• Docket Number: (No. 6782.)
• Citation: 149 S.E. 37,168 Ga. 723
• Parties: MORGAN. v. LOWRY, Sheriff.
• Court: Georgia Supreme Court

168 Ga. 723

149 S.E. 37

MORGAN.

v.LOWRY, Sheriff.

(No. 6782.)

Supreme Court of Georgia.

April 11, 1929.

Rehearing Denied May 18, 1929.

(Syllabus by Editorial Staff.)

Error from Superior Court, Fulton County; Edgar E. Pomeroy, Judge.

Application for writ of habeas corpus by James L. Morgan against J. I. Lowry, Sheriff. Application was denied, and applicant brings error. Affirmed.

R. R. Jackson and C. E. Moore, both of Atlanta, for plaintiff in error.

John A. Boykin, Sol. Gen., Carlton W. Binns, Sol., Howell, Heyman & Bolding, and J. W. Le Craw, all of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

BECK, P. J. James L. Morgan was remanded to custody upon the hearing of an application made by him for a writ of habeas corpus, and to that order he excepted. The application for discharge from custody was based upon the ground that the indictment upon which the bench warrant under which applicant was held was void; he contending that the indictment was based upon an act of the Legislature which is unconstitutional. In the first count of the indictment it is charged that the defendant did engage in the business of making loans of credit, in amounts and to the value of $300 and less, and that he did charge, contract for, and receive a greater rate of interest than 8 per cent, per annum on loans, "for the use of said credit, and as interest on said loans of credit, without having a license from the State Banking Department." In the second count it is charged that defendant "did engage in the business of selling his credit, in amounts and to the value of $300 and less, and did charge, contract for, and receive a greater rate of consideration than eight per cent, per annum on said sales of credit, without a license from the State Banking Department." And in the third count it is charged that the defendant "did engage in the business of loaning credit in amounts and to the value of $300 and less, and did charge, contract for, and receive a greater rate of interest on said loans than three and one half per cent, per month, for the use of and as interest on said loans of credit."

1. Sections 1, 17, and 18 of the act to license and regulate the business of making loans in the sum of $300 or less, approved August 17, 1920 (Ga. Laws 1920, pp. 215, 220, 221), are not unconstitutional, in so far as they prohibit the making of loans except in accordance with the provisions of the three sections of the act referred to, on the ground that they violate article 3, § 7, par. 8, of the Constitution of the state of Georgia, which provides that no law or ordinance shall pass which refers to more than one subject-matter: the caption of the act of 1920 being as follows: "An act to license and regulate the business of making loans in sums of $300, or less, secured or unsecured, at a greater rate of interest than eight (8) per centum per annum, prescribing the rate of interest and charge therefor, and penalties for the violation thereof; regulating the assignment of wages or salaries, earned or to be earned, when taken as security for any such loan, and for other purposes."

2. Nor do the said provisions of the statute referred to violate article 1, § 1, par. 2, of the Constitution of this state, which declares that protection of person and property shall be impartial and complete.

3. Nor do they violate the due process of law clause of the state and federal Constitutions (Const. Ga. art. 1, § 1, par. 3; Const. U. S. Amend. 14, § 1).

4. The portions of the statute referredto are not so vague, uncertain, and indefinite as to render them void.

5. Nor are the portions of the statute referred to in violation of the provisions of article 1, § 1, par. 23, of the state Constitution, which provides that the legislative, judicial, and executive powers shall remain separate and distinct, etc.

0. Clearly none of the sections of the act of...