State v. Sharp

141 N.W. 526, 121 Minn. 381, 1913 Minn. LEXIS 780
CourtSupreme Court of Minnesota
DecidedMay 16, 1913
DocketNos. 18,052—(8)
StatusPublished
Cited by21 cases

This text of 141 N.W. 526 (State v. Sharp) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sharp, 141 N.W. 526, 121 Minn. 381, 1913 Minn. LEXIS 780 (Mich. 1913).

Opinion

Hallam, J.

Defendant was indicted by tbe grand jury of Faribault county for tbe offense of withholding certain information, called for by the state superintendent of banks, under chapter 201, p. 228, Laws 1909.1 He demurred to the indictment. The trial court overruled the demurrer and certified the case to this court. Several objections are raised.

1. It is contended that this act is unconstitutional, because some of its essential provisions, particularly its penal provisions, are not. expressed in the title, and the act accordingly offends against the constitutional provision that “no law shall embrace more than one subject, which shall be expressed in its title.” Section 27, article 4, state Constitution. We cannot sustain this contention. This act is entitled:

“An act to create and establish a department of banking and to provide for a superintendent of banks * * * defining the powers * * * of such superintendent of banks * * *, and to provide for a system of examination, audit, and control of state banks. * *

The act provides that the superintendent of banks may examine any of the officers, directors, trustees, owners, agents, clerks, customers, or depositors of any state bank touching its affairs and business; may issue subpoenas and cause them to be served and enforced; that all officers, directors, trustees, and employees of such banks and all persons having dealings with or knowledge of the affairs or methods of such institutions shall, at all times, afford reasonable facilities for examination, make such returns and reports to the superintendent of banks as he may require, produce and exhibit such books, accounts, [384]*384documents and property as he may desire to inspect, and in all things aid him in the performance of his duties. It further provides that every person who shall refuse or neglect to obey any lawful direction or order of the superintendent of banks, withhold any information, book, record, paper or other thing’ called for by him for the purpose of examination and ascertaining the true condition of the corporation, shall be guilty of a felony.

It is true the title does not in terms mention any of these penal provisions. But this is not necessary. This court has several times held that it is not necessary that the title of an act should make reference to the penalties provided therein if they are germane to the general subject expressed. State v. Boehm, 92 Minn. 377, 100 N. W. 95, and cases therein cited. The title need not be an index or a compendium of the act. “All that is necessary is that the act should embrace some one general subject; * * * that all matters treated of should * * * be so connected with or related to each other, either logically or in popular understanding, as to be parts of, or germane to, one general subject.” Mitchell, J. in Johnson v. Harrison, 47 Minn. 575, 577, 50 N. W. 924, 28 Am. St. 382.

“If the legislature is fairly apprised of the general character of an enactment by the subject as expressed in its title, and all its provisions * * * are such as, by the nature of the subject so indicated, are manifestly appropriate in that connection, and as might reasonably be looked for in a measure of such character, then the requirement of the Constitution is complied with. It matters not that the act embraces technically more than one subject, one of which only is expressed in the title * * * so that they are not foreign and extraneous to each other, but 'blend’ together in the common purpose * * * sought to be accomplished by the law.” Cornell, J., in State v. Cassidy, 22 Minn. 312, 324, 21 Am. Rep. 765.

The penal provisions of this act are germane to the general subject of the act as expressed in its title. Penal provisions of some sort are manifestly a necessary incident of any system of superintendence, examination or control of banks, and we hold that the provisions of this act are embraced within its title.

2. It is contended that the particular acts charged in the indict[385]*385ment do not constitute the offense of “withholding information” within the statute. The indictment charges in substance, that defendant was president of the State Bank of Commerce of Winnebago, a state bank; that the superintendent of banks did duly call for, from him, for the purpose of examining and ascertaining the true condition of the said bank, a report showing in detail the assets and liabilities of said bank; at the close of its business on February 20, 1912. “Said report, so called for, among other things, requested information therein,” as to the amount of notes rediscounted by said bank, the amount -of cash on hand, and the amount of the overdrafts of said bank, which •said information so called for from said defendant was necessary and -essential to ascertain the true condition of said bank; that defendant did unlawfully, wrongfully and feloniously withhold certain information so called for in this: By failing in said report to the superintendent of banks to report any notes rediscounted by said bank, where•as in fact said bank had notes rediscounted in an amount exceeding ‘$10,000; by stating that the cash on hand was the sum of $9,161.59, whereas in fact the sum at that time was $6,161.59; and by reporting that the amount of overdrafts on said day was $1,977.24, whereas in fact it was $4,977.24. It is not contended that such omissions •and mis-statements might not under some circumstances constitute a withholding of information. The contention is, that the offense of withholding information is not committed unless the same is wilfully withheld, that a person cannot be guilty of withholding any information unless he possesses such information, that a false report which the person making it does not know to be false, or a failure to state ■facts called for which he does not know to exist, cannot constitute an •offense within this statute.

We cannot place so narrow a construction upon this statute. The •statute does not make actual knowledge or criminal intent an essential ingredient of this offense. Of course at common law intent to -commit a crime is of the essence of the crime, and as a general rule when an act is made an offense by statute the statute is to be construed in the light of the common law, and the existence of a criminal intent is held essential. But this depends on the subject matter and the language of the statute, and when without reference to knowledge [386]*386or intent the statute makes an act an offense, any person who does the forbidden act violates the law, regardless of his knowledge or intent. State v. Heck, 23 Minn. 549. The question of intent is not material in this class of statutory offenses. Such statutes are in the nature of police regulations and impose a penalty irrespective of intent to violate them, the object being to require a degree of diligence for the protection of the public which shall render violation impossible. The statute makes the act criminal without regard to the intent. The gist of the offense was the withholding of information and the offense was committed if the defendant made a false report in response to a call for true information. The statement that such report was wilfully false was unnecessary. State v. Edwards, 94 Minn. 225, 102 N. W. 697, 69 L.R.A. 667; State v. Quackenbush, 98 Minn. 515, 108 N. W. 953; United States v. Allen, 47 Fed. 696, 699.

The construction contended for by defendant as applied to reports made by the executive officers of the bank would almost wholly destroy its effectiveness.

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Cite This Page — Counsel Stack

Bluebook (online)
141 N.W. 526, 121 Minn. 381, 1913 Minn. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sharp-minn-1913.