Ex Parte Lichenstein, 7 Pac. Rep. 728; Winget v. Association, 21 N. E. Rep. 12; Chicago, etc., v. Iowa, 94 U. S. 155; State v. Berker, 30 N. W. Rep. 373; People v. Meyer, 3 West. 538. Special laws are those made for individual cases, or for less than a class requiring laws appropriate to its peculiar condition and circum- stances. State v. Wilcox, 45 Mo. 458. The true practical limitation of the legislative power to classify is that the classification shall be upon some reason suggested by necessity, by such a difference in the situation and circumstances of the subjects placed in different classes as suggest the necessity or propriety of different legislation with respect to them. Cobb v. Bard, 42 N. W. Rep. 396; State v. Spaud, 34 N. W. Rep. 164; Sutherland on Stat. Con., § 127 and cases cited; Cooley Const. Lim. 481 et seq. A classification may be sustained where the differences are not extreme, but exist. The test would not then be judicial, depending on whether the law was special, but legislative, whether wise or not. Wheeler v. Philadelphia, 77 Pa. St. 338; Kilgore v. Magee, 85 Id 401; Rutgus v. New Brunswick, 42 N. J. Law 51, 407. Every intendment is to be made in favor of the constitutionality of the law. Kerrigan v. Force, 68 N. Y. 381; State v. Nelson County, 1 N. D. 88; Allen v. Pioneer Press Co., 41 N. W. Rep. 936.
Burke Corbett for respondent:
The principle of permitting the lender of money to exact a bonus or commission from the borrower is amply sustained by the courts. Van Tassell v. Wood, 12 Hun 388; Dayton v. Moore, 30 N. J. Eq. 543; Morton v. Thurber, 85 N. Y. 550; Atlanta, etc., Mining Co. v. Gwyer, 48 Ga. 11; Eaton v. Alger, 2 Ab. Pr. 5; Eldridge v. Reed, 2 Sweeney, 155; Cockle v. Flack, 93 U. S. 344; Trother v. Curtis, 19 Johns. 160; Thurston v. Corne, 38 N. Y. 2S1; Hall v. Daggett, 6 Cow. 513; Harger v. McCullough, 2 Denio 119. By § 11 of said act "none of the provisions of this act shall apply to any building and loan association incorporated under the provisions of any law of this State." Section 11 of article 1 of the State constitution provides that "all laws of a general nature shall have a uniform operation." A law is not general within the meaning of the
