19 S.D. 646 | S.D. | 1905
In order to determine whether facts sufficient to constitute a public offense are stated in the information filed against the defendant in error on the 28th day of March, 1905, charging him with the crime of making a false financial report, it will be necessary to examine certain provisions of chapter 79, p 81, Raws
This statute provides in effect that the report, the form of which may be prescribed by the public examiner, shall, under appropriate heads, exhibit the details and .items constituting the bank’s resources and liabilities; and in support o'f the order sustaining a demurrer to the information counsel for the accused contend that the Legislature has attempted to delegate its power by authorizing that officer to dictate the form and substance of the required report. The'nature, and diversity of the banking business render it practically impossible for the Legislature to prescribe every detail concerning, the rules and regulations governing these administrative officers of the law, who are ex-officio superintendents of banks, and the statute under consideration confers upon the public examiner no powers which trench upon the legislative domain. It is beyond dispute that the Legislature, in the exercise of its police power to regulate and control the business of banking, may authorize any such administrative officer to adopt a reasonable system of inspection and reports that is best calculated to protect the public and prevent the dissipation of trust funds. In case of United States v. Williams, 6 Mont. 379, 12 Pac. 851, a federal statute providing that the cutting of timber on public lands for building, agriculture, and domestice purposes ‘ shall be subject to such rules and regulations as the Secretary of the In
It is further argued insistently by counsel for the accused that the statute is rendered unequal, inoperative; and void by the omission of private banks from the' terms of section 26, sup’ra, and.
Though confessedly false and designed to deceive the public examiner, the instrument set out in the information, and subscribed and sworn to by the accused as the cashier of the bank, is not
As the information is sustained by reason and authority at every point of attack, it is unnecessary to pursue this discussion further, and the order appealed from is reversed.