State v. Merrill

Citations

• 83 Wash. 8
• 144 P. 925
• 1914 Wash. LEXIS 1570

Syllabus

<p>Building and Loan Associations — Offenses — Doing Business Without Authority — Information — Sufficiency — Statutory Provisions. An information charging the defendant, as an agent and employee, with conducting a savings and loan business in this state when the company he represented was not authorized to do business in this state, by then and there selling and knowingly causing to be sold and issued to one L. one certain contract and share of his said company, then and there being a foreign building and loan association not theretofore or then lawfully engaged in said business in this state, sufficiently states an offense under 3 Rem. & Bal. Code, § 3601-23, forbidding such companies from conducting the business of a savings and loan association in this state, and Id., § 3601-27, providing that every agent or employee who shall willfully violate any of the provisions of the act shall be guilty of a misdemeanor; but it does not state an offense under Id., § 3601-22 relating to the sale of “stock” of such an association while it did not have on deposit with the state auditor the required amount of securities; since the sale of “capital stock” was not charged, but only the sale of a contract certificate share, and the doing of business in this state without authority.</p> <p>Constitutional Law — Powers—Delegation of Judicial and Legislative Powers — State Auditor — Control Over Building and Loan Associations. Building and loan and savings and loan associations, being in their nature public associations doing business with the public, and subject to the control of the legislature, the state auditor may be empowered to examine and audit their accounts and in connection therewith perform such other duties as are necessary to a full and fair control of their business; hence 3 Rem. & Bal. Code, § 3601-1 et seg., containing such provisions, is not unlawful delegation of judicial and legislative powers to the state auditor, and does not violate Const., art. 3, § 20, provid