Smith v. Koeneke

'The opinion of the court was delivered by

Hopkins, J.:

This is an original proceeding in mandamus by ithe attorney-general to compel the bank commissioner to return to *806certain banks bonds deposited by them and held by him, under the provisions of the bank guaranty law. (R. S. 9-201 et seq.) The bank guaranty law was repealed by chapter 89 of the Laws of 1929, and provision made for the return of such bonds. The bank commissioner questions the validity of the act. The section requiring return of the bonds reads:

“The state bank commissioner is hereby authorized and directed to return to all…