Oliver Wendell Holmes, Jr.

“ Allegations in the bill as to the purpose and intent of the statute, of course, are immaterial. They introduce no new facts, and leave the question as it would be without them; namely, whether anything can be discerned in the terms or effect of the act that infringes the plaintiffs' constitutional rights. A good deal of the argument seems to be that the statute will make state banks so attractive to the public that the national banks will suffer. ”

“ They cannot retain the advantages of their adverse situation and share those of the parties with whom they contend. The statutes of the United States when they do not attempt to prohibit competition with national banks do not forbid competitors to succeed. ”

“ But even if it had, there is nothing to hinder the states from permitting a competing business and doing what Kansas has done with intent to make it popular and safe. The national banks are free to come into the scheme. The suggestion that they could not come in and remain national banks is simply a statement of the situation of all competitors. ”