56 Kan. 77 | Kan. | 1895
The opinion of the court was delivered.by
In an indictment containing two counts, it was charged that, in October, 1893, 0. H.
“Section 1. If any president, director, manager, cashier, or other officer of any banking institution, or any private banker or officer of a private bank, doing business in this state, shall receive or assent to the reception of any deposit of money or other valuable thing in such bank or banking institution, or if any such banker, officer or agent shall create or assent to the creation of any debts or indebtedness by such bank or banking institution, in consideration or by reason of which indebtedness any money or valuable property shall be received into such bank or banking institution, after he shall have had knowledge of the fact that it is insolvent or in failing circumstances, he shall be deemed guilty of larceny, and upon conviction thereof shall be punished in the manner and to the same extent as is provided by law for stealing the same amount of money deposited, or valuable thing, if loss occurs by reason of such deposit.”
It is contended that in its terms the act is broad and comprehensive enough to include national banks, and that it was not only within the intention, but also within the power, of the legislature to make such officers amenable under this statute. The statute quoted, as will be seen, does not refer to national
' “No bank shall accept or receive on deposit, with or without interest, any money, bank bills or notes, or United States treasury notes, gold or silver certificates, or currency, or other notes, bills or drafts circulating as money or currency, when such bank is insolvent; and any officer, director, cashier, manager, member, party or managing party of any bank, who shall knowingly violate the provisions of this section, or be accessory to or permit, or connive at the receiving or accepting on deposit of any such deposit, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $5,000 or by imprisonment in the penitentiary not exceeding five years, or by both such fine and imprisonment.”
By an examination of the title and the several provisions of the act, it will clearly appear that it was not the purpose of the legislature to regulate or control the business conducted by national banks, nor that the penalties prescribed would be operative as against officers of national banks. It first provides for the organization of banks, and, as the state has no power to organize or control national banks, it is manifest that no other than state banks were in mind. The subsequent provisions relate to such banks as may have been organized under the act, or as are referred to and described in the earlier sections of the act. The supervision and control of the banks and banking officers for which provision was being made was given to a bank commissioner, whose duties were prescribed by the same act, and certainly it could not
As the act of 1891 has no application to a national bank or its officers," and operates as a repeal of chapter 48 of the Laws of 1879, it follows that the acts charged to have been committed by the defendant do not constitute a public offense under our statutes, and that the trial court ruled correctly in quashing the indictment.
Judgment affirmed.