List of United States Supreme Court cases, volume 209

Summary

This is a list of cases reported in volume 209 of United States Reports, decided by the Supreme Court of the United States in 1908.

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

Justices of the Supreme Court at the time of volume 209 U.S. edit

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 209 were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
  Melville Fuller Chief Justice Illinois Morrison Waite July 20, 1888
(41–20)
October 8, 1888

July 4, 1910
(Died)
  John Marshall Harlan Associate Justice Kentucky David Davis November 29, 1877
(Acclamation)
December 10, 1877

October 14, 1911
(Died)
  David Josiah Brewer Associate Justice Kansas Stanley Matthews December 18, 1889
(53–11)
January 6, 1890

March 28, 1910
(Died)
  Edward Douglass White Associate Justice Louisiana Samuel Blatchford February 19, 1894
(Acclamation)
March 12, 1894

December 18, 1910
(Continued as chief justice)
  Rufus W. Peckham Associate Justice New York Howell Edmunds Jackson December 9, 1895
(Acclamation)
January 6, 1896

October 24, 1909
(Died)
  Joseph McKenna Associate Justice California Stephen Johnson Field January 21, 1898
(Acclamation)
January 26, 1898

January 5, 1925
(Retired)
  Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
  William R. Day Associate Justice Ohio George Shiras Jr. February 23, 1903
(Acclamation)
March 2, 1903

November 13, 1922
(Retired)
  William Henry Moody Associate Justice Massachusetts Henry Billings Brown December 12, 1906
(Acclamation)
December 17, 1906

November 20, 1910
(Retired)

Notable Case in 209 U.S. edit

Ex parte Young edit

In Ex parte Young, 209 U.S. 123 (1908), the Supreme Court held that suits in federal courts for injunctions against individual officials acting on behalf of states of the union may proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution.[2] This ruling evaded the problem of the Eleventh Amendment, which prohibits states from being sued in federal court by citizens of other states.

Citation style edit

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 209 U.S. edit

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
White-Smith Music Publishing Company v. Apollo Company 1 (1908) Day Holmes none 2d Cir. affirmed
Dun v. Lumbermen's Credit Association 20 (1908) Moody none none 7th Cir. affirmed
Venner v. Great Northern Railroad Company 24 (1908) Moody none none C.C.S.D.N.Y. affirmed
Battle v. United States 36 (1908) Holmes none none C.C.S.D. Ga. affirmed
United States v. Thayer 39 (1908) Holmes none none N.D. Tex. reversed
O'Reilly de Camara v. Brooke 45 (1908) Holmes none none S.D.N.Y. affirmed
Smith v. Rainey 53 (1908) Holmes none none Sup. Ct. Terr. Ariz. reversed
Armour Packing Company v. United States 56 (1908) Day none Brewer 8th Cir. affirmed
Chicago, Burlington and Quincy Railroad Company v. United States 90 (1908) Day none none 8th Cir. affirmed
Bosque v. United States 91 (1908) Fuller none none Phil. affirmed
Hallowell v. United States 101 (1908) Harlan none none 8th Cir. dismissed
Interstate Commerce Commission v. Chicago Great Western Railway Company 108 (1908) Brewer none none C.C.N.D. Ill. affirmed
Ex parte Young 123 (1908) Peckham none Harlan C.C.D. Minn. habeas corpus denied
Hunter v. Wood 205 (1908) Peckham none Harlan C.C.W.D.N.C. affirmed
General Oil Company v. Crain 211 (1908) McKenna Harlan Moody Tenn. affirmed
Dotson v. Milliken 237 (1908) Holmes none none D.C. Cir. affirmed
Hutchins v. Munn 246 (1908) Moody none none D.C. Cir. affirmed
Asbell v. Kansas 251 (1908) Moody none none Kan. affirmed
Thomas v. Iowa 258 (1908) Moody none none Iowa dismissed
Lipphard v. Humphrey 264 (1908) Fuller none none D.C. Cir. affirmed
McCabe and Steen Construction Company v. Wilson 275 (1908) Brewer none none Sup. Ct. Terr. Okla. affirmed
Garzot v. De Rubio 283 (1908) White none none D.P.R. reversed
United States Fidelity and Guaranty Company v. United States ex rel. Struthers Wells Company 306 (1908) Peckham none none 2d Cir. affirmed
National Life Insurance Company v. National Life Insurance Company 317 (1908) Peckham none none 7th Cir. affirmed
Allemannia Fire Insurance Company v. Firemen's Insurance Company ex rel. Wolfe 326 (1908) Peckham none none D.C. Cir. affirmed
United States v. Cerecedo Hermanos y Compañia 337 (1908) McKenna none none D.P.R. reversed
Thompson v. Kentucky 340 (1908) McKenna none none Ky. affirmed
Hudson County Water Company v. McCarter 349 (1908) Holmes none none N.J. affirmed
Yazoo and Mississippi Valley Railroad Company v. City of Vicksburg 358 (1908) Day none none C.C.S.D. Miss. affirmed
Richardson v. Shaw 365 (1908) Day Holmes none 2d Cir. affirmed
Thomas v. Taggart 385 (1908) Day none none 2d Cir. affirmed
Beadles v. Smyser 393 (1908) Day none none Sup. Ct. Terr. Okla. reversed
Ware and Leland v. Mobile County 405 (1908) Day none none Ala. affirmed
Longyear v. Toolan 414 (1908) Moody none none Mich. affirmed
Stickney v. Kelsey 419 (1908) Moody none none N.Y. County Sur. Ct. dismissed
Shawnee Compress Company v. Anderson 423 (1908) McKenna none none Sup. Ct. Terr. Okla. affirmed
Ex parte Nebraska 436 (1908) Fuller none none C.C.D. unspecified mandamus denied
United States v. Chandler-Dunbar Water Power Company 447 (1908) Holmes none none 6th Cir. affirmed
Liu Hop Fong v. United States 453 (1908) Day none none D. Neb. reversed
Bogard v. Sweet 464 (1908) Harlan none none Sup. Ct. Terr. Okla. affirmed
Lang v. New Jersey 467 (1908) McKenna none none N.J. affirmed
Central Railroad Company of New Jersey v. Jersey City 473 (1908) Holmes none none N.J. affirmed
Scully v. Bird 481 (1908) McKenna none none C.C.E.D. Mich. reversed
In re Moore 490 (1908) Brewer none Fuller C.C.E.D. Mo. mandamus denied
Virginia v. West Virginia 514 (1908) Fuller none none original referred to special master

Notes and references edit

  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  2. ^ Erwin Chemerinskiy, Federal Jurisdiction 458-461 (7th. ed.)

See also edit

External links edit

  • [1] Case reports in volume 209 from Library of Congress
  • [2] Case reports in volume 209 from Court Listener
  • [3] Case reports in volume 209 from the Caselaw Access Project of Harvard Law School
  • [4] Case reports in volume 209 from Google Scholar
  • [5] Case reports in volume 209 from Justia
  • [6] Case reports in volume 209 from Open Jurist
  • Website of the United States Supreme Court
  • United States Courts website about the Supreme Court
  • National Archives, Records of the Supreme Court of the United States
  • American Bar Association, How Does the Supreme Court Work?
  • The Supreme Court Historical Society