Joseph McKenna

“ The clear meaning and purpose of these provisions remove the ambiguity of those which follow, if there is any ambiguity. 'When no rate is fixed by the laws of the state or territory or district, the bank may take, receive, reserve, or charge a rate not exceeding 7 per centum.' 'Fixed by the laws' must be construed to mean 'allowed by the laws,' not a rate expressed in the laws. In instances it might be that, but not necessarily. The intention of the national law is to adopt the state law, and permit to national banks what the state law allows to its citizens and to the banks organized by it. ”

“ The supreme court of the territory, considering an error assigned on the overruling of appellants' motion for judgment on the counterclaim, held it insufficient because it did not allege that due diligence to collect the note had been exercised, as required by the statute of the territory, or that any effort had been made to collect the same. ”

“ Those facts, however, are not a part of the counterclaims, and, it is hardly necessary to say, cannot be considered in passing on a motion for judgment based on a confession of the allegations of the counterclaims. ”