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Sec. 11673. State banking department continued.-There is hereby continued in this State a Banking Department, which shall have charge of the execution of the laws relating to banks, private bankers, trust companies and savings and safe deposit companies, and the banking business in this state. Such department shall be designated as the State Banking Department, and shall be under the management and control of a chief officer who shall be called the Bank Commissioner. Said Bank Commissioner shall reside and maintain his office at the City of Jefferson, and the board of the permanent seat of government is hereby required to provide suitable and convenient office room for said banking department. (Laws 1915, p. 104.)
Sec. 11674. Bank commissioner-qualifications-how appointed-deputy commissioners clerk-examiners, appointment, etc. The bank commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office for the term of four years; but the governor shall have power to suspend the commissioner from office whenever, in his opinion, the public interest may require it, or with the advice and consent of the senate, to remove him from office. In case of a suspension of said officer, the governor shall report his action to the senate, if it be in session; if not, then at the next session of the general assembly thereafter, together with the reasons therefor; and if the senate shall concur therein, he shall
be removed from office.
But if the senate shall, at the same session, fail to concur or to act on the same, said suspension shall thereupon cease. The bank commissioner may appoint a first deputy, a clerk, a stenographer and twelve examiners, and with the consent of the governor in each instance, may employ from time to time such other clerks, examiners, special agents and other employes as he may need to discharge in a proper manner the duties imposed on him by law, and all such appointees shall hold their respective positions during the pleasure of the commissioner. No person shall be eligible for the office of bank commissioner or deputy, or be appointed examiner without first having had at least three years' actual practical experience in a general banking business, or served for a like period of time in the banking department in this or some other state, and no officer or employe of any bank or trust company, or person interested as owner or holder of stock thereof, and no private banker shall be eligible to the office of bank commissioner, deputy or examiner. If a vacancy shall occur in the office of bank commissioner by death, resignation or otherwise, the same shall be filled by appointment by the governor; and such appointee shall hold the office for the unexpired term. The first deputy commissioner shall possess all powers and perform the duties attached to the office of bank commissioner during a vacancy in such office and during the absence or inability of his principal, and the second deputy shall possess all powers and perform the duties attached to the office of bank commissioner during a vacancy in such office and during the absence or inability of the bank commissioner and of the first deputy commissioner. (Laws 1915, p. 104.)
Sec. 11675. Bank commissioner, deputies, clerk, examiners, etc., to take oath-bond to be given. The bank commissioner, deputy commissioners, clerk, stenographer and examiners, and all special agents and other employes shall each, before entering upon the discharge of his duties, take and subscribe the oath of office containing the usual provisions, and, in addition, that he will not reveal the condition or affairs of any bank, banker or trust company in this state, or any facts pertaining to same, that may come to his knowledge by virtue of his official position, unless required by law so to do in the discharge of the duties of his said office, and said bank commissioner, deputies and examiners shall further execute to the state of Missouri a good and sufficient bond, to be approved by the governor and attorney-general, conditioned that he will faithfully and impartially discharge the duties of his office, and pay over to the persons entitled by law to receive it, all moneys coming into his hands by virtue of his office; and any special agent or other employe shall give such bond, approved as
aforesaid, as may be required of him by the commissioner. The bank commissioner shall give bond in the sum of twenty-five thousand dollars, the deputy commissioners in the sum of fifteen thousand dollars, and each examiner in the sum of ten thousand dollars, and each such bond, after approval by the governor and attorney-general, as above provided, shall be filed with the secretary of state for safe-keeping. The premiums on such bonds, not to exceed one per centum on the amount thereof, shall be paid out of the state treasury upon vouchers approved and audited by the bank commissioner with warrants drawn on the treasurer by the state auditor upon the state banking department fund. (Laws 1915, p. 105.)
Sec. 11676. Salary of bank commissioner, deputies, clerks and examiners.-The bank commissioner shall receive an annual salary of thirty-five hundred dollars, payable in equal monthly installments out of the state treasury by warrant drawn by the state auditor. The first deputy commissioner shall receive an annual salary of twenty-five hundred dollars, the second deputy commissioner an annual salary of twenty-two hundred dollars, the clerk an annual salary of eighteen hundred dollars, the stenographer an annual salary of twelve hundred dollars, and each examiner an annual salary of two thousand dollars, to be paid in equal monthly installments out of the state treasury in the manner last above provided. All appointees shall perform such duties as the commissioner shall assign them, and their compensation, unless fixed by law, shall be as fixed by him and approved by the governor, and paid monthly as above provided. In addition, the actual and necessary traveling and other department or office expenses of the commissioner, his deputies and examiners and other appointees shall be paid out of the state treasury upon vouchers approved and audited by the bank commissioner, with warrants drawn on the treasurer by the state auditor. (Laws 1915, p. 105.)
Sec. 11677. Seal of office. The bank commissioner shall devise and provide a seal for the use of his office, which shall continue to be the seal of said department. A description of the seal, with an impression thereof, shall be filed in the office of the secretary of state. Every paper executed by the bank commissioner in pursuance of any authority conferred on him by law and sealed with his seal of office, shall be received in evidence and may be recorded in the proper recording offices, in the same manner and with the same effect as a deed regularly acknowledged. (Laws 1915, p. 106.)
Sec. 11678. Records, reports and papers to be preserved.— It shall be the duty of the bank commissioner to carefully pre
serve all records, reports and papers pertaining to his department. (Laws 1915, p. 106.)
Sec. 11679. Secrets of office not to be divulged-exception. The bank commissioner, his deputies, clerk, stenographer, each examiner and every employe shall be bound, under oath, to keep secret all facts and information obtained in the course of all examinations, except so far as the public duty of such officer requires him to report upon or take special action regarding the affairs of any bank, private banker, savings and safe deposit company or trust company, and except when he is called as a witness in any criminal proceedings or trial in a court of justice. If any bank commissioner, deputy, clerk, stenographer or examiner shall disclose the name of any debtor of any bank, private banker, savings and safe deposit company or trust company, or anything relative to the private accounts, affairs or transactions of such bank, private banker, savings and safe deposit company or trust company, or shall disclose any facts obtained in the course of his or their examination of any such bank, private banker, savings and safe deposit company or trust company, except as herein provided, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, be subject to a forfeiture of his office and the payment of a fine of not less than one hundred dollars, nor more than one thousand dollars, provided, however, that the bank commissioner, his deputies and each examiner may furnish to the federal reserve board, the federal reserve banks, or to examiners duly appointed by the federal reserve board, or the federal reserve banks, copies of all examinations made, and may disclose to such federal reserve board, federal reserve banks, or examiner, any information with reference to the condition or affairs of state banks or trust companies organized under the laws of this state which become members of a federal reserve bank, or which apply for membership in a federal reserve bank. (Laws 1919, p. 157.)
Sec. 11680. Bank commissioner-deputies and examiners not to be appointed receiver-penalty for oppression in office or neglect of duty. No bank commissioner, deputy or examiner shall be appointed receiver of any bank, private banker, savings and safe deposit company or trust company whose books, papers and affairs he shall have examined pursuant to his appointment or in the discharge of the duties of his office, but a deputy commissioner or examiner may be appointed by the commissioner a special deputy to assist in the liquidation of any such corporation or private banker under this article; and in case such bank commissioner, deputy or examiner shall wrongfully report any such bank, private banker, savings and safe deposit company or
trust company in an insolvent condition, or in case he shall report any such bank, private banker, savings and safe deposit company or trust company to be solvent, knowing the same to be otherwise, and any person be injured thereby, such person shall have a right of action on the official bond of such bank commissioner, deputy or examiner for his injuries or damages sustained. Such action shall be brought in the name of the state at the relation of the injured party. (Laws 1915, p. 107.)
See State ex rel. Barker v. Sage, 267 Mo. 493, 184 S. W. 984.
Sec. 11681. Bank commissioner and assistants not to accept presents or free transportation penalty shall devote entire time to duties of office. It shall be unlawful for any bank commissioner, deputy, examiner, clerk or special agent, to accept as presents or emoluments any pay or other valuable thing by way of gift, credit or otherwise, directly or indirectly, for the discharge of any act in the line of his offical duty other than the remuneration fixed and accorded him by law, and it shall be unlawful for any bank commissioner, deputy, examiner, clerk or special agent appointed under the provisions of this article to accept, receive or ride on any free transportation while engaged on official business, and every bank commissioner, deputy, examiner, clerk or other employe appointed under the provisions of this article shall devote his or her entire time to the performance of the duties herein imposed. (Laws 1915, p. 107.)
Sec. 11682. Penalty for neglect of duty or any misfeasance or malfeasance in office. Any bank commissioner, deputy, examiner, employe, clerk or stenographer who shall violate his oath of office or shall neglect or violate any of the duties imposed upon him by this chapter, or shall be guilty of any other misfeasance or malfeasance in office for which no other or different punishment is by this chapter provided, shall be deemed guilty of a felony, and upon conviction, shall be punished by imprisonment in the penitentiary for a term of not less than two years nor exceeding five years, or by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county or city jail for not less than one month nor more than twelve months, or by both such fine and imprisonment; and upon indictment of any such bank commissioner, deputy, examiner, clerk or stenographer for any violation of this chapter, such officer or employe shall be disqualified from further discharging the duties of such office or position until such indictment is fully disposed of. (Laws 1915, p. 107.)
Cited in Denny v. Jefferson County, 199 S. W. 250.
Sec. 11683. All moneys received to be paid into state treasury to reimburse state. The commissioner shall pay, or