The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-10
LAW REGULATING LOAN
SHARKS CONSTITUTIONAL,
JUDGE CONNOLLY RULES
Courts Should Not Set Aside
Legislation On Technical
Grounds, He Says
TWENTY CASES AFFECTED
Appeals From Convictions in
Police Court Will Now Be
Heard Before Recorder

Judge Connolly, Thursday noon,
handed down his decision in the cases
of the loan sharks. represented in the
appeal OF Gordon w. Qulder, against
the sentence OF the police court,
where he had been convicted Of vio
iating the loan laws.
The decision OF the Judge, which
covers about score OF loan shark
cases, follows. III part:
Defendants counsel moves to
quash the information filed III the
cause; first, for formal defects APP
pcaring upon the face of the informa-
ton, and because OF the invalidity
OF the act under which the informa-
ton is pleaded
With reference to the line of OBJ
jections made by counsel for the de-
PENDANT against the form OF the in
formation, | cannot agree hat IL IS
so imperfect in form as 10 preclude
valid prosecution hereunder IL
were drawing the information,
might alter it's form somewhat hit
am not prepared 10 say thal TIE
information In the form II is pieaced
does not sufficiently describe an Of
tense under Act No. los OF the Pub
lie Acts OF 1911.
"Counsels attacks upon the validity
of the statute are based chiefly upon
the grounds, first. that assuming that
IL is a law based upon the Police
power OF the state, IL purports 10 leg
islate in a way far in excess OF any
reasonable construction OF the police
power: second that the title OF ne
act does not express it's object
with reference 20 the first objec-
ton, it appears to me that the police
power is very elastic In It's s3ore.
Courts are continually extending its
application as justification for leg
islation: new conditions arising make
new regulations necessary, and he
police power is stretched constantly
by the courts TO meet the new
exigencies. am not prepared TO say
that the business OF loaning money
al high rates OF interest Is not such
an exigency as will justify an extern
sion of this police power TO properly
regulate 1t.
Counsel insists that the object OF
the act ia not expressed In its title
In general, II may be said that the
function OF courts Is TO interpret the
legislative will and not 10 annul IT.
Courts should not lightly set aside
Legislative enactments; the function
of court is judicial, not legislative.
If there were less legislation by the
judiciary in vogue in shis land. there
would not be the tumult and turmoil
that now prevail concerning judicial
ecall, and recall of judicial de-
cisions Judges should not assume
70 set aside legislative enactments
which do not please them upon pure
ly technical grounds. The Legislature,
acting for the people, who are the
repository Of sovereign power in this
country. passes certain laws, and these
Laws should be upheld by the courts
unless they plainly contravene the
constitution. which is the highest ex'
preston of the peoples will.
There are many incongrulues anu
Inconsistencies in this statute. There
IRE some portions which in my 1udg'
ment are plainly beyond constltu.
tional limitations but my research OF
the decisions of cur supreme court
touching the relation existing be-
tween title and an act. ana the
scope of the title as applied TO the
body OF the act, have rather led me
TO believe that our supreme court is
inclined to make specific rulings for
particular cases.
"The title TO this act is certainly
broad enough to include everything
contained in il with reference TO the
loaning OF money. because 1t IN
cludes all kinds of money loaning,
and am not prepared to say that II
is not specific enough. to direct the
attention Of the reader to the pur-
nose which il is aimed TO accomplish.
At any rate, il is my Judgment mat
en- act Of the legislature should
stand as law unless there is no doubt
in the courts mind that 1t violates
the fundamental law, namely the
constitution. | have such a doubt IN.
this matter
For the reasons above stated, the
motion to quash is denied, and the
clerk of the court will set the case
for trial"