Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-05-24
BAD CHECK ARTISTS BEWARE
New Nebraska Law Provides Stiff
Penalty for Issuing Checks Upon
Imaginary Accounts.
BOON FOR BUSINESS HOUSES

With bad checks floating just nov
more abundantly than usual. the per
sons Who issue them. when caught. are
subject 20 a more severe penalty than
they have been hitherto under the Ne
braska law. The last legislature passed
law that Is now in force. which pro-
vides penalty az high as $500 fine and
imprisonment Tor from one to five years,
FOR issuing check on a bank where the
person drawing the check has no funds.
The making. drawlnr. uttering or de-
livering OF such a check or draft, ac-
cording to the new law, shall be prima
facie evidence OF intent to defraud
While this new law IL Of great inter-
est to the bankers the bankers have not
actually been the heaviest losers in 5his
fraudulent checking practice. The sa-
looms, and many other business houses
have lost heavily. as these are the places
where most Of such checks are cashed.
Common Practice.
Il Is a common practice for men TO
step into a saloon or other business house
on Saturday afternoon. especially after
banking hours. and cash their weekly
pay check Likewise II is a common
practice for crooks to make fake checks
and step into these places along with
the working men and cash a check on
these days when the bartender or bust
ness man Is in the habit Of cashing
checks for working people. When these
bad checks are presented at the bank for
clearance, and Il is found that the
drawer of the check. has no account, the
man who cashed it naturally is the loser.
Prior to the last session of the legis-
lature, Jesse c. McNish, president of the
Nebraska Bankers association, took per-
sonal charge of the preparation and in
PRODUCTION Of an adequate measure TO
cover this bad check matter. The bill
was introduced In the senate by Senators
Walter Kiechel and b. X. Bushee 1t
was passed with the emergency clause,
signed by the governor in March and is
now in effect.
CouId Not Prosecute.
Formerly in such cases, i'm order tc
prosecute man. it was necessary 70
prove that the maker OF the check repre-
scented that he had money in the bank
TO cover tho check, and only rarely wa'
that possible. Besides, it was only mis-
demeanor to make bad check for any
amount less than $5 Thus when the
oulprit got into another state he could
not be brought back.
The full text of the new law follows:
Section /. That whoever with intent &c
defraud by obtaining money, merchandise
property, credit, or thing of value, al
though no express representation Ia made
in reference thereto, or who, in the pay'
ment OF any obligation shall make, draw
utter or deliver any check, draft or ordel
for the payment of money upon any bank
depository, person. firm or corporation
knowing at the time of such making
drawing, uttering or delivering that tho
maker or drawer has not sufficient funds
in or credit with such bank, depository
person, firm or corporation for the pay.
ment OF such check draft or order in full
upon its presentation, shall, upon convic
tion, be fined not less than one hundred
dollars C$leOOO nor more than five thou
sand dollars $4,000 O0), to which may b,
added imprisonment In the state prison
for not less than one year nor more thar
five years. The making, drawing, utterins
or delivering of such check or draft OF
order as aforesaid shall be prima fac!s
! evidence 1f intent TO defraud. The wore
credit" aus used herein shall be construed
to mean an arrangement or understanding
with the bank, depository, person, firm OF
corporation for the payment OF sucl
check. draft or order.