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OF THE

ATTORNEY GENERAL

OF THE

STATE OF WISCONSIN

VOL. XV

January 1, 1926, through December 31, 1926

HERMAN L. EKERN
Attorney General

MADISON, WISCONSIN

1926

с

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FROM THE ORGANIZATION OF THE STATE

JAMES S. BROWN, Milwaukee..
S. PARK COON, Milwaukee..

EXPERIENCE ESTABROOK, Geneva
GEORGE B. SMITH, Madison..

from June 7, 1848, to Jan. 7, 1850 ..from Jan. 7, 1850, to Jan. 5, 1852 from Jan. 5, 1852, to Jan. 2, 1854 from Jan. 2, from Jan. 7,

1854, to Jan. 7, 1856

1856, to Jan. 4, 1858

from Jan. 4,

1858, to Jan. 2, 1860

from Jan. 2,

WILLIAM R. SMITH, Mineral Point..
GABRIEL BOUCK, Oshkosh....
JAMES E. HOWE, Green Bay.
WINFIELD SMITH, Milwaukee..
CHARLES R. GILL, Watertown.
STEPHEN S. BARLOW, Dellona.
A. SCOTT SLOAN, Beaver Dam..
ALEXANDER WILSON, Mineral Point....from Jan. 7,
LEANDER F. FRISBY, West Bend..

1860, to Oct. 7, 1862 from Oct. 7, 1862, to Jan. 1, 1866 from Jan. 1, 1866, to Jan. 3, 1870 from Jan. 3, 1870, to Jan. 5, 1874 from Jan. 5, 1874, to Jan. 7, 1878 1878, to Jan. 2, 1882 1882, to Jan. 3, 1887 1887, to Jan. 5, 1891

from Jan. 2,

CHARLES E. ESTABROOK, Manitowoc..from Jan. 3,
JAMES L. O'CONNOR, Madison...
WILLIAM H. MYLREA, Wausau..
EMMETT R. HICKS, Oshkosh..

from Jan. 5, 1891, to Jan. 7, 1895 from Jan. 7, 1895, to Jan. 2, 1899 ..from Jan. 2, 1899, to Jan. 5, 1903

LAFAYETTE M. STURDEVANT, Neillsville...

FRANK L. GILBERT..

from Jan. 5, 1903, to Jan. 7, 1907 from Jan. 7, 1907, to Jan. 2, 1911

LEVI H. BANCROFT, Richland Center....from Jan. 2, 1911, to Jan. 6, 1913

WALTER C. OWEN, Maiden Rock..
SPENCER HAVEN, Hudson.
JOHN J. BLAINE, Boscobel.
WILLIAM J. MORGAN, Milwaukee..
HERMAN L. EKERN, Madison..
JOHN W. REYNOLDS, Green Bay.

from Jan. 6, 1913, to Jan. 7, 1918

1918, to Jan. 6, 1919

from Jan. 7,
from Jan. 6, 1919, to Jan. 3, 1921
from Jan. 3, 1921, to Jan. 1, 1923
from Jan. 1, 1923, to Jan. 3, 1927
from Jan. 3, 1927..

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OPINIONS

of the

ATTORNEY GENERAL

of

WISCONSIN

VOLUME XV

Banks and Banking-Public Officers-Board of deposits may designate different interest rate to be paid by working banks from that required of other banks.

BOARD OF DEPOSITS.

January 1, 1926.

In compliance with your resolution requesting an opinion on the question of whether the state board of deposits may designate a different rate of interest to be paid by depositories having checking accounts (working banks) from that required to be paid by other depositories, we submit the following:

Sec. 14.45, Stats., provides:

"The board of deposits shall from time to time fix the rate of interest to be paid by said depositories upon state moneys deposited with them and cause notice thereof to be published in the official state paper. The rate of interest, until changed by said board, shall be two and one-half per centum per annum." In State v. McFetridge, 84 Wis. 473, 509, the court said:

66* * *

The deposits under consideration (assuming that there was no other legal objection to the making thereof) were regularly made by the treasurer, in his official capacity as such, for the benefit of the state, and could only be drawn on his official draft. The authority to contract for interest on such deposits is as broad as the right to make them, for the statutes contain no special restriction in the matter of such interest." (Italics ours.)

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