State banks cannot lawfully operate branch bans under its incorporation as a bank.

W. Miller, in a letter written to you, indorsed the opinion of Attorney-General Taylor, and gave it as his opinion that town clerks had no authority to conduct insanity inquests. A re-examination leads me to the conclusioa that these opinions were, correct, but it is my opinion that -town clerks have no judi- cial powers at this time, and hence no authority to conduct in- sanity inquests, because the only judicial power such officers ever had was given to them by the act of February 28, 1901 (Acts 1901, p. 57), and by section 272 of the act of March 6, 1905 (Acts 1905, p. 219), concerning municipial corporations, all former laws within the purview of the act were repealed. It is my opinion that the act of 1901, giving town clerks judi- cial powers was repealed by the act of 1905, and hence for this reason, in addition to those found in the opinions of my predeces- sors, I am of the opinion that town clerks now have no authority to conduct insanity inquests. BANKS-BRANCH BANKS, ETC. June 19, 1907. Hon. John C. Billheimer, Auditor of State: Dear Sir-Your communication of June 10th received, in which you ask: First. "May a state bank in Indiana establish and operate a branch bank under its act of incorporation as a bank ?" Second. "May a state bank in Indiana accept deposits and cash checks at a place not named in its articles of association, transacting such business through an agent employed for that purpose?" Third. "Has the auditor of state authority to enforce the discontinuance of such branches or agencies as may exist, if they are not authorized by law; or, if they are authorized, may he examine and supervise them, and require them to report as in the case of ordinary banks?" Section 203 Burns' Annotated Indiana. Statutes 1901, being §4 of art. XI of our state constitution, provides that: "The general assembly may also charter a bank with branches without collateral security, as required in the preceding section." The following section of the constitution provides that: "If the general assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities upon all paper credit issued as money. " A state bank with branch state banks was provided for by the act of 1855 (Acts 1855, p. 229), and the Indiana state bank was duly organized, together with branch state banks in different cities of the state. They have long since gone out of business and the acts of the legislature authorizing them have long since been repealed. Section 23 of the act of 1855 authorized the general assembly to appoint an agent at any time to examine the condition of said state bank and each of its branches, and make report to the gov- ernor: and section 60 of said act required the board of directors of such state bank and each of its branches to make report to the general assembly and authorized the general assembly to require information from the directors at any time. Thus it will be seen that under the law of 1855 authorizing the organization of branch banks the section referring to the ex- amination of state banks also extended examination to the branch banks. By section 2938 Vol. 2 Burns' Annotated Indiana Statutes, Revision 1901, the same being section 18 of the act of 1873 author- izing the incorporation of state banks in this state provides for the method of examination of banks organized under said latter act. But nowhere does there appear to be any provision for the examination of branch banks. Section 2921 Vol. 2 Burns' Annotated Indiana Statutes, Revi- sion 1901, provides for the manner of the organization of state banks and what shall be contained in the articles of incorpora- tion, the second subdivision of which reads as follows: "The place where it is to be located and its operations as a bank of discount and deposit are to be carried on and its business conducted, designating the county, city or town." It will be observed from this language that in the articles of incorporation some particular place shall be designated as the place of business of such bank, and that there is no intimation anywhere in the section referred to that such a bank may have more than one place of business. Sections 2994a to 2994j, inclusive, of Burns' Annotated Indiana Statutes, supplement of 1905, the same being the act of the gen- eral assembly of the state of Indiana for 1905, provide for the manner of organization and conduct of what is known as private banks in the state of Indiana. This act was amended by the gen- eral assembly of the state of Indiana for 1907, but such amend- ments do not take effect until the first day of December, 1907, and no other provision whatever is made by the laws of the state of Indiana for conducting a purely banking business in this state, and the laws authorizing the organization of state banks and private banks above referred to cover every phase of the bank- ing business authorized by the laws of this state other than that authorized by the national banking laws that can be carried on in the state of Indiana, and providing penalties for the violation thereof. To permit a state bank to authorize an agent to carry on a bank- ing business at a place other than the home office of such bank would be merely to authorize a private banking business to be carried on in violation of the private banking laws of the state of Indiana. Section 7 of the act of 1905 relating to the organization of private banks and section 9 of the act of 1907 are in the words and figures following: "Any person, firm or copartnership iolating any of the provisions of this act shall be fined in any sum not exceeding one thousand dollars, to which may be added for the second offense imprisonment for any term not exceeding two years." It is therefore my opinion that state banks can not lawfully operate branch banks under its incorporation as a bank; that such a bank can not lawfully engage in the business of accepting deposits and cashing checks at places other than that named in the articles of incorporation, transacting such business through an agent employed for that purpose, and that any person engaged in conducting such banking business as agent, or otherwise, at a place other than that named in the articles of incorporation of such bank, would violate the provisions of the section last above quoted providing a penalty for violating the provisions of the private banking laws of the state of Indiana, and that such person so conducting 'said business would be subject to criminal prose- ,cution the same as for any other misdemeanor.