State v. Struble

Citations

• 19 S.D. 646
• 104 N.W. 465
• 1905 S.D. LEXIS 92

Syllabus

<p>1. Laws 1903, p. 81, c. 79, providing for the appointment of a public examiner, and requiring that banks located within the state shall make reports to him as demanded, the form of which may be prescribed by the public examiner, and shall require, under appropriate heads, the exhibition of the details and items of the bank’s resources and liabilities, etc., was not invalid as an attempted delegation of legislative power to state bank examiners.</p> <p>2. The legislature, in the exercise of its police power, is authorized to regulate the business of banking, and for that purpose may authorize an administrative officer to adopt a reasonable, system of inspection and reports.</p> <p>3. Laws 1903, p. 81, c. 79, sec. 2, relating to bank inspection, provides that where reference is made to banks, bankers, or banking in the act, the same shall be construed as applying to any corporation, association, firm, or individual engaged in such business; and section 26 (page 88) declares that every officer, agent, or clerk of any banking institution within the title, who subscribes or makes any false statement, or enters or subscribes or exhibits any, false paper, etc., shall be subject to imprisonment, etc. Held, that the term “institution” as so. used, included a private banker and hence the section was not unconstitutional, as conferring a special privilege on private bankers.</p> <p>4. Where a report of the condition of a bank, submitted to the public examiner and alleged to be false, was received by him without objection on the ground that it was not attested by the signature of at least two of the bank’s directors, as required by Laws 1903, p. 81, c. 79, sec. 2,.it was nevertheless sufficient to sustain an information against the officer, verifying the same for making a false report.</p>