219 U.S.

114
31 S.Ct. 189
55 L.Ed. 117

ASHTON C. SHALLENBERGER, Governor of the State of

Nebraska, Silas R. Barton, Auditor of Public Accounts of the
State of Nebraska, et al., Appts.,
v.
FIRST STATE BANK OF HOLSTEIN, Nebraska, et al.
No. 445.

Supreme Court of the United States

Argued December 7 and 8, 1910.
January 3, 1911

Messrs. Charles O. Whedon, Arthur F. Mullen, I. L. Albert, and Grant G.

Martin for appellants.
[Argument of Counsel from pages 114-117 intentionally omitted]
Messrs. John Lee Webster and William V. Allen for appellees.
[Argument of Counsel from pages 117-120 intentionally omitted]
Mr. Justice Holmes delivered the opinion of the court:

This is a suit by many banks to prevent the banking board of Nebraska from
carrying out and enforcing an act similar to the Oklahoma statute just passed
upon. It forbids banking except by a corporation formed under the act, and
provides for a guaranty fund. The circuit court held the statute unconstitutional,
and issued an injunction against the enforcement of it. 172 Fed. 999. For the
reasons given in the foregoing case, the decree of the circuit court must be
reversed.

Decree reversed.