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Devils Lake, Ramsey County, North Dakota
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Two federal judges in Lincoln declare Nebraska's bank deposit guaranty law unconstitutional, arguing it infringes on inherent business rights and unfairly burdens safe bankers. Similar laws in Kansas and Oklahoma face challenges.
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A decision rendered by two federal judges in Lincoln has knocked out the Nebraska state law for the guaranty of bank deposits, declaring it unconstitutional and void.
The decision goes at the root of the law, since it insists that the right to do ordinary business is a personal and inherent right and not a franchise to be pleaded for and to be voted after long discussion and careful examination of possible consequences.
A bank is an institution conducted for profit, differing the court says only in degree from the grocery or the dry goods store. If bank deposits are to be guaranteed by a system of fining safe and sane bankers to make up the losses brought about by those who play the dangerous game of wild finance, then it is right and just that grocery owners and dry goods merchants should support the credit of such grocery and dry goods stores so bankrupt.
The guaranty law of Kansas is now undergoing a test in the courts. That of Oklahoma—the mother of all such statutes—has recently been attacked following a failure. It would be an excellent thing for the community if deposits were assured absolute safety, but another system than that of enforced guaranty must be devised.
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Federal judges in Lincoln rule Nebraska's bank deposit guaranty law unconstitutional, equating banks to ordinary businesses and criticizing the system of fining safe bankers for risky ones' failures. Similar laws in Kansas and Oklahoma are challenged.