List of United States Supreme Court cases, volume 208

This is a list of cases reported in volume 208 of United States Reports, decided by the Supreme Court of the United States in 1908.

Justices of the Supreme Court at the time of volume 208 U.S.

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). 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 208 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 (41–20) –July 4, 1910(Died) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died) Edward Douglass White Associate Justice Louisiana Samuel Blatchford (Acclamation) –December 18, 1910(Continued as chief justice) Rufus W. Peckham Associate Justice New York Howell Edmunds Jackson (Acclamation) –October 24, 1909(Died) Joseph McKenna Associate Justice California Stephen Johnson Field (Acclamation) –January 5, 1925(Retired) Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray (Acclamation) –January 12, 1932(Retired) William R. Day Associate Justice Ohio George Shiras Jr. (Acclamation) –November 13, 1922(Retired) William Henry Moody Associate Justice Massachusetts Henry Billings Brown (Acclamation) –November 20, 1910(Retired)

Notable Cases in 208 U.S. Adair v. United States Adair v. United States, 208 U.S. 161 (1908), was a United States labor law case in which the Supreme Court declared that bans on "yellow-dog" contracts (that forbade workers from joining labor unions) were unconstitutional. The decision reaffirmed the doctrine of freedom of contract which was first recognized by the Court in Allgeyer v. Louisiana (1897). For this reason, Adair is often seen as defining what has come to be known as the Lochner era, a period in American legal history in which the Supreme Court tended to invalidate legislation aimed at regulating business.Philips, Michael J. The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s to the 1930s. Greenwood Publishing Group, 2001. p. 10.Wiecek, William M. The History of the Supreme Court of the United States. Volume 12, The Birth of the Modern Constitution: The United States Supreme Court, 1941–1953. Cambridge University Press, 2006. p. 25 f.

Loewe v. Lawlor Loewe v. Lawlor, 208 U.S. 274 (1908), also called the Danbury Hatters' Case, is a Supreme Court case in United States labor law concerning the application of antitrust laws to labor unions. The Court's decision effectively outlawed the secondary boycott as a violation of the Sherman Antitrust Act, despite union arguments that their actions affected only intrastate commerce.Carter, Saalim A. Labor Unions and Antitrust Legislation: Judicial Activism vs. Judicial Restraint from 1890-1941. Penn State University, 2006. p. 28. It was also decided that individual unionists could be held personally liable for damages incurred by the activities of their union.

Muller v. Oregon In Muller v. Oregon, 208 U.S. 412 (1908), the Supreme Court upheld the general police powers of a state to protect the welfare of women even when it infringed on her fundamental right to negotiate contracts. Inequality, the Court said, was not a deciding factor because the sexes were inherently different in their particular conditions and had completely different functions; labor laws that were made to nurture women's welfare and for the "benefit of all" people were held not to be a violation of the Constitution's Contract Clause.

Citation style

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. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "C.C.D." = United States Circuit Court for the District of . . . e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey "D." = United States District Court for the District of . . . e.g.,"D. Mass." = United States District Court for the District of Massachusetts "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama "Ct. Cl." = United States Court of Claims The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e.g.,"Pa." = Supreme Court of Pennsylvania e.g.,"Me." = Supreme Judicial Court of Maine

List of cases in volume 208 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Carrington v. United States1 (1908) Holmes none none Phil. reversed Chin Yow v. United States8 (1908) Holmes none none N.D. Cal. reversed New York ex rel. E. and J. Burke, Ltd. v. Wells14 (1908) Day none none N.Y. Sup. Ct. affirmed Yosemite Gold Mining and Milling Company v. Emerson25 (1908) Day none none Cal. affirmed United States v. Miller32 (1908) Day none none Ct. Cl. affirmed Wabash Railroad Co. v. Adelbert College of Western Reserve University I38 (1908) Moody none none Ohio reversed Winslow v. Baltimore and Ohio Railroad Company59 (1908) Moody none none D.C. Cir. affirmed Bluthenthal v. Jones64 (1908) Moody none none Fla. affirmed Prosser v. Finn 67 (1908) Harlan none none Wash. affirmed Blacklock v. United States75 (1908) Harlan none none Ct. Cl. affirmed In re Metropolitan Railway Receivership90 (1908) Peckham none none 2d Cir. mandamus denied I.M. Darnell and Son Company v. City of Memphis 113 (1908) White none none Tenn. reversed Southern Pine Lumber Company v. Ward126 (1908) White none none Sup. Ct. Terr. Okla. affirmed Ex parte Simon 144 (1908) Holmes none none C.C.D. (unspecified) habeas corpus denied Houghton v. Meyer 149 (1908) Day none none D.C. Cir. affirmed Adair v. United States161 (1908) Harlan none McKenna; Holmes E.D. Ky. reversed Braxton County v. West Virginia ex rel. Tax Commissioners192 (1908) Brewer none none W. Va. dismissed United States v. Graf Distilling Company198 (1908) Peckham none none 8th Cir. certification Penn Refining Company, Ltd. v. Western New York and Pennsylvania Railroad Company208 (1908) Peckham none Moody 3d Cir. affirmed Elder v. Wood226 (1908) Moody none none Colo. affirmed Missouri Valley Land Company v. Wiese234 (1908) White none none Neb. affirmed Missouri Valley Land Company v. Wrich 250 (1908) White none none Neb. affirmed Minneapolis, St. Paul and Sault Ste. Marie Railroad Company v. Doughty 251 (1908) McKenna none none N.D. affirmed United Dictionary Company v. G. and C. Merriam Company260 (1908) Holmes none none 7th Cir. affirmed Donnell v. Herring Hall Marvin Safe Company267 (1908) Holmes none none 7th Cir. reversed Loewe v. Lawlor274 (1908) Fuller none none 2d Cir. reversed Lewis v. Herrera 309 (1908) Fuller none none Ariz. affirmed Cleveland Terminal and Valley Railroad Company v. Cleveland Steamship Company316 (1908) Fuller none none N.D. Ohio affirmed The Troy321 (1908) Fuller none none W.D. Wis. affirmed Armstrong v. Fernandez324 (1908) Fuller none none D.P.R. affirmed United States v. Larkin 333 (1908) Fuller none none N.D. Ohio dismissed Dick v. United States340 (1908) Harlan none none D. Idaho affirmed Atlantic Trust Company v. Chapman360 (1908) Harlan none none 9th Cir. reversed Cosmopolitan Club v. Virginia378 (1908) Harlan none none Va. affirmed Bassing v. Cady386 (1908) Harlan none none R.I. Super. Ct. affirmed United States v. Bitty393 (1908) Harlan none none C.C.S.D.N.Y. reversed Henningsen v. United States Fidelity and Guaranty Company of Baltimore404 (1908) Brewer none none 9th Cir. affirmed Muller v. Oregon 412 (1908) Brewer none none Or. affirmed Bien v. Robinson423 (1908) White none none C.C.S.D.N.Y. dismissed Notley v. Brown429 (1908) White none none Sup. Ct. Terr. Haw. dismissed Calvo v. De Gutierrez443 (1908) White none none Phil. affirmed Great Northern Railroad Company v. United States452 (1908) White none none 8th Cir. affirmed Phillips v. Mobile472 (1908) Peckham none none Ala. affirmed Richard v. Mobile 480 (1908) Peckham none none C.C.S.D. Ala. affirmed Ughbanks v. Armstrong 481 (1908) Peckham none none Mich. affirmed Jetton v. University of the South489 (1908) Peckham none none C.C.M.D. Tenn. reversed Bennett v. Bennett 505 (1908) McKenna none none Sup. Ct. Terr. Okla. affirmed Crary v. Dye515 (1908) McKenna none none Sup. Ct. Terr. N.M. affirmed Starr v. Campbell527 (1908) McKenna none none C.C.W.D. Wis. affirmed Drumm Flato Commission Company v. Edmisson534 (1908) McKenna none none Sup. Ct. Terr. Okla. affirmed Rankin v. City National Bank541 (1908) Holmes none none 8th Cir. affirmed First National Bank v. Albright 548 (1908) Holmes none none Sup. Ct. Terr. N.M. affirmed Herring Hall Marvin Safe Company v. Hall's Safe Company554 (1908) Holmes none none 6th Cir. affirmed United States v. Sisseton and Wahpeton Bands561 (1908) Holmes none none Ct. Cl. affirmed Disconto GmbH v. Umbreit570 (1908) Day none none Wis. Cir. Ct. affirmed Northern Pacific Railroad Company v. Minnesota ex rel. City of Duluth 583 (1908) Day none none Minn. affirmed Hairston v. Danville and Western Railroad Company598 (1908) Moody none none Va. affirmed Wabash Railroad Co. v. Adelbert College of Western Reserve University II 609 (1908) Moody none none Ohio rehearing denied

Notes and references

List of United States Supreme Court cases, volume 208

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