Hemple

after stating the case as above, delivered the opinion of the court.

It is assigned as error that the court admitted evidence in the case over the objection of the plaintiff in error that the complaint did not state facts sufficient to constitute a cause of action. The argument in support of this assignment is that the provision of the Alaskan Code in regard to usury expressly permits contracts for interest at the rate of “12 per centum” without specifying whether the 12 per centum is per annum or per month or for what *500 period of time. Sections 255 and 257, c. 27, pt. 5 of Carter’s Alaskan Code, as provided as follows:

It will be observed that in the first part of section 255 it is prescribed that the rate of interest on obligations, where there has been no express agreement as to the rate, shall be 8 per centum per annum, and no more. In the latter part of the section it is said that on contracts, interest at the rate of 12 per centum may be charged by express agreement of the parties, and no more. There can be no reasonable doubt that the intention of Congress in using the words “at the rate of 12 per centum” was the same as in using the words “8 per centum” in the first…