Bank of Washington v. McAuliffe

JAMES A. FINCH, Jr., Senior Judge,

dissenting.

I respectfully dissent. For reasons subsequently recited I would hold that Earl L. Manning had no right or authority on September 19, 1980, to issue a bank charter. Hence, I would reverse and remand the decision of the Circuit Court with directions.

It is clear that persons appointed as director of finance require senate confirmation. The position is created by § 361.040, RSMo which provides that such officer “shall be appointed by the governor by and with the advice and consent of the senate and shall hold his office at the pleasure of the…