Byron White

“ No other purpose can be imputed to Congress than to effect that result.' See also Leather Manufacturers' Nat. Bank v. Cooper, 120 U.S. 778, 7 S.Ct. 777, 30 L.Ed. 816. Moreover, nothing in the subsequent history of this statute, now 28 U.S.C. § 1348, warrants the conclusion that Congress sought, even by implication, to relax the venue restrictions of § 5198.
The provisions of § 5198 are fully effective and must be recognized when they are duly raised. The judgments of the Texas Supreme Court are reversed and the causes remanded for further proceedings not inconsistent with this opinion. ”

“ Mr. Robinson then asked, 'As I understand the gentleman's proposed amendment, it is simply to this effect, that a national bank doing business within a certain State shall be subject for all purposes of jurisdiction to precisely the same regulations to which a State bank, if organized there, would be subject.' Mr. Hammond replied, 'That is all.' Ibid.↑ The proviso to § 4 of the Act of 1882 is included in the Supplement to the Revised Statutes at 354 (2d ed. 1891) , despite the apparent duplication of the Acts of 1887 and 1888, appearing at 614. ”

“ The Texas Supreme Court, however, refused to accept § 94 as prohibiting a suit against petitioners in Travis County when a state venue statute expressly permitted it. 161 Tex. 349, 341 S.W.2d 161. On the one hand, the court interpreted § 94 as permissive only, not mandatory, and on the other, as having been repealed by an omnibus repealing clause in an 1882 statute [2] subsequently absorbed into 28 U.S.C. § 1348. [3] Appellants brought the cases here under 28 U.S.C. § 1257 (2) and, because of the finality question, we postponed ruling upon our jurisdiction until the merits were considered. ”

“ The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. ”

“ The national bank contended that since it was an instrumentality of the Federal Government, it was not subject to suit in state courts. This Court, noting that the suit was in a state court where the bank was located, sustained the power of the state court squarely upon the provisions of § 57. Subsequently, Casey v. Adams, 102 U.S. 66, 26 L.Ed. 52, reaffirmed the mandate of § 57, then Rev.Stat. § 5198, as applied to ordinary transitory actions but held that Congress did not intend it to apply to local, in rem actions. Many years later, in the course of deciding Cope v. ”