List of United States Supreme Court cases, volume 221

This is a list of cases reported in volume 221 of United States Reports, decided by the Supreme Court of the United States in 1911.

Justices of the Supreme Court at the time of volume 221 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 221 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 Edward Douglass White Chief Justice Louisiana Melville Fuller (Acclamation) –May 19, 1921(Died) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(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) Horace Harmon Lurton Associate Justice Tennessee Rufus W. Peckham (Acclamation) –July 12, 1914(Died) Charles Evans Hughes Associate Justice New York David Josiah Brewer (Acclamation) –June 10, 1916(Resigned) Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) (Acclamation) –June 2, 1937(Retired) Joseph Rucker Lamar Associate Justice Georgia William Henry Moody (Acclamation) –January 2, 1916(Died)

Notable Cases in 221 U.S. Standard Oil Co. v. United States and United States v. American Tobacco Co. Standard Oil Co. v. United States, 221 U.S. 1 (1911), and United States v. American Tobacco Co., 221 U.S. 106 (1911), are a pair of major antitrust decisions by the Supreme Court. In Standard Oil the Court found the company guilty of monopolizing the petroleum industry through a series of abusive and anticompetitive actions. The decision resulted in the breakup of Standard Oil into 34 separate companies. (Many of these have since recombined, particularly into ExxonMobil.) The Court in American Tobacco held the combination in that case was in restraint of trade and an attempt to monopolize the business of tobacco in interstate commerce within the prohibitions of the Sherman Antitrust Act of 1890. As a result, the American Tobacco Company was split into four competitors.

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 221 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Standard Oil Company of New Jersey v. United States 1 (1911) White Harlan Harlan C.C.E.D. Mo. affirmed United States v. American Tobacco Company 106 (1911) White Harlan Harlan C.C.S.D.N.Y. reversed Hannibal Bridge Company v. United States 194 (1911) Harlan none none E.D. Mo. affirmed Northern Pacific Railroad Company v. Trodick 208 (1911) Harlan none none 9th Cir. affirmed United States v. Hammers 220 (1911) McKenna none none S.D. Cal. reversed West v. Kansas Natural Gas Company 229 (1911) McKenna none none C.C.E.D. Okla. affirmed Jacobs v. Beecham 263 (1911) Holmes none none 2d Cir. affirmed In re Harris 274 (1911) Holmes none none 2d Cir. certification Strassheim v. Daily 280 (1911) Holmes none none N.D. Ill. reversed Tiger v. Western Investment Company 286 (1911) Day none none Okla. reversed Hallowell v. United States 317 (1911) Day none none 8th Cir. certification Dowdell v. United States 325 (1911) Day none none Phil. affirmed Merillat v. Hensey 333 (1911) Lurton none none D.C. Cir. affirmed Liverpool and London and Globe Insurance Company v. Board of Assessors for the Parish of Orleans 346 (1911) Hughes none none La. affirmed Orient Insurance Company v. Board of Assessors for the Parish of Orleans 358 (1911) Hughes none none La. affirmed Wilson v. United States 361 (1911) Hughes none McKenna C.C.S.D.N.Y. affirmed Dreier v. United States 394 (1911) Hughes none none C.C.S.D.N.Y. affirmed Grand Trunk Western Railroad Company v. Indiana Railroad Commission 400 (1911) VanDevanter none none Ind. Ct. App. affirmed Sargent v. Herrick 404 (1911) VanDevanter none none Iowa reversed Texas and New Orleans Railroad Company v. Miller 408 (1911) VanDevanter none none Tex. Civ. App. affirmed Texas and New Orleans Railroad Company v. Gross 417 (1911) VanDevanter none none Tex. Civ. App. affirmed Gompers v. Bucks Stove and Range Company 418 (1911) Lamar none none D.C. Cir. reversed Montello Salt Company v. Utah 452 (1911) McKenna none none Utah reversed Fifth Avenue Coach Company v. City of New York 467 (1911) McKenna none none N.Y. Sup. Ct. affirmed Bean v. Morris 485 (1911) Holmes none none 9th Cir. affirmed United States v. Johnson 488 (1911) Holmes none Hughes W.D. Mo. affirmed Glucksman v. Henkel 508 (1911) Holmes none none C.C.S.D.N.Y. affirmed Apsey v. Kimball 514 (1911) Day none none multiple affirmed Appleby v. City of Buffalo 524 (1911) Day none none N.Y. Sup. Ct. affirmed Carpenter v. Winn 533 (1911) Lurton none none 2d Cir. reversed Briscoe v. Rudolph 547 (1911) Lurton none none D.C. Cir. affirmed Lewis v. Luckett 554 (1911) Lurton none none D.C. Cir. affirmed Coyle v. Smith 559 (1911) Lurton none none Okla. affirmed Baglin v. Cusenier Company 580 (1911) Hughes none none 2d Cir. reversed - style="background: white" colspan=7 A non-trademarkable geographic indicator is not to be confused with other designations of origin (e.g., town in France vs. monastic order); The liquidator of physical assets has no claims to foreign trademarks; Abandonment requires evidence of practical abandonment and intent to abandon. American Lithographic Company v. Werckmeister 603 (1911) Hughes none none 2d Cir. affirmed Baltimore and Ohio Railroad Company v. Interstate Commerce Commission 612 (1911) Hughes none none C.C.D. Md. affirmed Jover y Costas v. Philippines 623 (1911) VanDevanter none none Phil. reversed Hopkins v. Clemson College 636 (1911) Lamar none none S.C. reversed Faber v. United States 649 (1911) Lamar none none C.C.S.D.N.Y. affirmed Provident Institution for Savings v. Malone 660 (1911) Lamar none none Mass. affirmed

Notes and references

List of United States Supreme Court cases, volume 221

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