Messrs. Charles O. Whedon, Arthur F. Mullen, I. L. Albert, and Grant G. Martin for appellants.[ Shallenberger v. First State Bank of Holstein, Neb. 219 U.S. 114 (1911) ]
[219 U.S. 114, 117] Messrs. John Lee Webster and William V. Allen for appellees.
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.