State ex rel. Hopkins v. Wilson

Citations

• 108 Kan. 641
• 196 P. 758
• 1921 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — O.uster of Bank Commissioner — Mere Irregularities of Procedure Not Willful Misconduct. Various irregularities of procedure on the part of the bank commissioner are held not to constitute willful misconduct.</p> <p>2. Same — Impropriety of Public Official Passing Quasi-judicially on Matter in Which He Pías Direct and Financial Interests. Even in the absence of express legislative prohibition it is a grave impropriety and a breach of official obligation for a public officer to pass judgment in a quasi-judicial capacity upon an important matter in which he has a direct and substantial financial interest. It is held, however, that in the circumstances here presented, the action of the state bank commissioner in granting the application of a corporation of which he was a member for a permit to sell its stock was not influenced by the fact of such relation, was without actual corrupt motive, and did not of itself constitute such willful misconduct as to call for his removal from office.</p> <p>3. Same — One Corporation Purchasing Stock in Another. It is held to be unnecessary to decide whether one corporation has authority to purchase stock in another.</p> <p>4. Same — Bank Commissioner May Not Examine Bank in Which He is Financially Interested. The provision of the statute that no bank commissioner or his deputy shall examine any bank in which he is financially interested, in the light of the context and the history of the legislation, means that neither the commissioner nor a deputy shall personally examine a bank in which the individual making the examination is interested.</p> <p>5. Same — Bank Making Loans in Excess of Statutory Maximum — Duty of Bank Commissioner. The provision of the statute that where a bank has made loans in excess of the statutory maximum the commissioner may order them reduced to the legal limit within sixty days, does not impose upon him the absolute duty of seeing that such reduction is made