Commonwealth v. Bilotta
Commonwealth v. Bilotta
Opinion of the Court
Opinion by
The defendant was indicted for and convicted of violations of the Act of June 19, 1911, P. L. 1060, entitled, “An Act to provide for licensing and regulating private banking in the Commonwealth of Pennsylvania; and providing penalties for the violation thereof.” The defendant appeals from that conviction.
The appellant’s statement of the questions involved is as follows: “(1) Is the Act of June 19, 1911, P. L.
The learned counsel for the appellant has, in his brief, earnestly contended that the statute should be stricken down upon the ground that the classification which it makes of the persons, firms, partnerships and unincorporated associations engaged in the business of private banking violates the provisions of Section 7, Article III, of the Constitution of Pennsylvania relating to local or special legislation. This question has, since the trial of this case in the court below, been definitely determined contrary to the contention of the appellant, by the Supreme Court in the case of Com. v. Grossman, 248 Pa. 11. The opinion of Mr. Justice Mestrezat, in that case, fully covers every point here presented, in so far as the first question involved is concerned, and we can no longer consider that question an open one. To the authorities referred to by Mr. Justice Mestrezat in said opinion may be added Noble State Bank v. Haskell, 219 U. S. 104, and Engel v. O’Malley, 219 U. S. 128. The first' question presented by the appellant must be accepted as determined adversely to his contention.
The second question, in which the statute is challenged because of an alleged defect in the title, is without merit. The first section of the act provides that it shall be unlawful for any individual, partnership, or unincorporated association to engage, directly or indirectly, in the business of receiving deposits of money for safe keeping or for the purpose of transmission to another, or for any other purpose without having first obtained from a board, consisting of the State treasurer, the secretary of the Commonwealth, and the commissioner of banking, a license to engage in such business. The first count of the indictment alleged a violation of these provisions of the
The judgment is affirmed, and it is ordered that the defendant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with that part of the sen
Case-law data current through December 31, 2025. Source: CourtListener bulk data.