Daniel v. Citizens & Southern National Bank

Graham, Judge.

It is practically conceded that if Daniel is a de jure officer — that is, if the Governor had authority to suspend Hamilton as Treasurer and appoint Daniel in his stead pending the suspension, the bank would be fully protected in the payment of the funds on deposit to Daniel as State Treasurer. But it is insisted that Daniel is not a de jure officer; that the Governor had no authority to suspend Hamilton and appoint Daniel, it being contended that section 40-1301 of the Code should be construed as a limitation on the power of the Governor to suspend as stated in section 40-206;…