Matter of Application of Stephan

The petitioner was imprisoned on a charge of having violated the provisions of the act entitled, “An act to define personal property brokers and regulate their charges and business, ’ ’ enacted April 16, 1909, and amended April 21, 1911. (Stats. 1909, p. 969; Stats. 1911, p. 978.) He asks a release from custody on the claim that the law is unconstitutional.

Section 1 of the law provides that every person “engaged in the business of loaning or advancing money” on the secur ity of chattel mortgages or other contracts by which personal property is hypothecated as security for such loan and the use and possession thereof is not to be in the lender, or on the, security of a lien upon, or assignment of, or power of attorney relating to “wages, salary, earnings, income or commissions,” shall be deemed a “personal property broker.” Sections 2 and 3 allow such brokers to charge and receive two per cent per month as interest on the money loaned on such security and provide that they shall not charge or receive more, either directly, or under any pretext, as for costs, expenses and the like. Section 5 requires such personal property broker, on making such loan or advancement, to give to the…