This case was submitted to the district court of the second judicial district of Montana territory, on the following agreed statement of facts: '(1) That the First National Bank of Butte is now and was during all of the year 1885 and before that time a corporation duly created under and by virtue of the laws of the United States relating to national banks, and located and carrying on a general banking business in Butte City, in said county of Silver Bow and territory of Montana, and that the capital stock of said bank is one hundred thousand dollars, divided into one thousand shares, of one hundred dollars each. (2) That during all of said year 1885 the said defendant, Andrew J. Davis, was the owner and holder of nine hundred and forty shares of the capital stock of said bank, and that said shares were during all of said year and are now of the true value in money at private sale and of the market value (which is the same) of one hundred and twenty-five dollars each. (3) That for and in the said year 1885 there was duly levied and assessed, according to the laws of Nontana territory, in said Silver Bow county, for territorial, county, and other purposes, upon all property in said county subject to taati on, an ad valorem tax amounting in all to thirteen and three-tenths mills on each dollar of assessed valuation. (4) That said nine hundred and forty shares of stock of the said the First National Bank of Butte were assessed for taxation, in the manner prescribed by the laws of said Montana terrtiory, for said year 1885, to said defendant, Andrew J. Davis, (who then owned and held said shares in said county of Silver Bow,) at their estimated true balue in money at private sale and at their market value, (which is the same;) that said defendant has not, nor has said bank, or any one for him or it, ever paid said tax on said shares so assessed as aforesaid, or any part of said tax. (5) That in the general assessment in said Silver Bow county for said year 1885 shares of stock in corporations generally were assessed in accordance with the provisions of section 1003 of chapter 53 of the fifth division of the Revised Statutes of Montana territory, as amended by the act of the legislature of February 22, 1881, on page 67 of the Laws of 1881, and where the entire capital stock of any incourporated company was invested in assessable property in said territory such stock or the shares thereof were not taxed, and that mining claims not held under patent from the United States were not assessed or taxed at all, and where held under patent from the United States were assessed at the government price of five dollars per acre, without regard to their market value; that there are a large number of mining corporations in Montana territory whose entire capital stock is invested in assessable property, and that part of said property consists of mining claims.'
And upon these facts the following questions were presented: '(1) Under the laws of the United States and of the territory of Nontana, are shares of stock in national banks located in said territory subject to taxation at all? (2) Upon the facts in this case, was the said assessment and taxation of said shares of stock to defendant in violation of or in conflict with the restriction contained in section 5219 of the Revised Statutes of the United States relating to the taxation of shares of national banks, and providing that such taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of the individual citizens of the territory?' In the district court these questions were determined in favor of the plaintiff, the county commissioners, and this decision was affirmed by the supreme court of the territory. The case is now here on appeal.