Jackson v. Long
Jackson v. Long
Opinion of the Court
Anyone who has witnessed the agonies of a community caused by an insolvent bank’s closing and liquidation will readily agree that banking affects the public interest and welfare, and hence can be regulated by law. The need for a bank, its chances of success, the character of its directors, and a means of keeping a constant public watch over it, at once justify legislation reasonably designed to meet these needs. Incorporation, where the capital is known, where more than one has authority in its operation to protect innocent depositors, where minutes are kept and an examination is easier, all tend to protect the public interest. Indeed this public interest is sufficiently important to justify the State in prohibiting banking in any other manner. Therefore, Ga. L. 1966, pp. 691, 692, is constitutional and valid; likewise, Ga. L. 1966, pp. 692, 716, prescribing terms and conditions for private banks, and prohibiting their operations after a certain date, is for the same reason valid and does not offend “due process,” “equal protection” and is not the “taking private property for public purposes without first paying therefor,” under either the State or the Federal Constitution. It is noted that the statute, whether or not it could constitutionally do so, does not put a private bank out of business. It merely subjects it to conditions that enable the State to examine and control it to the extent necessary to safeguard the public. All this is supported by Dillingham v. McLaughlin, 264 U. S. 370 (44 SC 362, 68 LE 742); Noble State Bank v. Haskell, 219 U. S. 104 (31 SC 186, 55 LE 112); Harrison v. Hartford Steam Boiler Inspection &c. Co., 183 Ga. 1 (187 SE 648); Austin v. Augusta Terminal R., 108 Ga. 671 (34 SE 852, 47 LRA 755); Cooper v. Rollins, 152 Ga. 588 (110 SE 726, 20 ALR 1105); 16 AmJur2d 626, Constitutional Law, § 322; 16 CJS 925, 935, Constitutional Law, §§ 188, 189. We therefore reverse the ruling that either of the 1966 Acts, supra, is unconstitutional.
Now we have left Section 48 of Ga. L. 1966, pp. 692, 715 (Code Ann. § 13-2348) and the stipulated admission that the defendant was operating a private bank after January 1, 1968, without having a charter and certification to conduct a banking business, in direct conflict with that provision of the law. It is
But it is contended that the superintendent is not authorized to bring this action. The duties placed upon him to protect the public against unsafe banks, and the expressed authority to sue to enforce the banking law fully clothe him with power to bring this suit. Code Ann. § 13-2306 (Ga. L. 1966, pp. 692, 696). We have not dealt with the superintendent’s disapproval of the application and his reasons therefor, since the defendant is clearly operating contrary to law. Whether or not he could by mandamus compel the superintendent to perform his duties if he was dissatisfied with his refusal to approve the application is not here involved.
It follows that the trial court erred in rendering the judgment appealed from.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.