In Re Washer

An application for the writ of habeas corpus.

At the time of the filing of the petition in this proceeding petitioner was under imprisonment pursuant to conviction upon a charge of having violated the provisions of a statute of the state known as the Usury Act. The com plaint under which he was convicted alleges that he “did wilfully and unlawfully ask, demand, receive, take, accept and charge of and from” certain individuals more than 12 per centum per annum for the sum of $7,000 loaned to the individuals, “for the forbearance, use and loan of said sum of money; payment of said sum of money being secured by an evidence of debt, to-wit: a trust deed upon real property,” describing it, “and by a promissory note executed” by the individuals in favor of petitioner, and bearing a certain date. Upon the filing of petition therefor the writ issued, petitioner was released on bail, and we are now to determine whether his punishment is lawful.

Petitioner contends for his release from durance on the ground that the Usury Act is unconstitutional. The statute which was enacted by the people under the initiative provisions of the constitution, is to be found in Stats. 1919, page lxxxiii. It…