This is a list of cases reported in volume 171 of United States Reports, decided by the Supreme Court of the United States in 1898.

Justices of the Supreme Court at the time of volume 171 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 171 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) Horace Gray Associate Justice Massachusetts Nathan Clifford (51–5) –September 15, 1902(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died) Henry Billings Brown Associate Justice Michigan Samuel Freeman Miller (Acclamation) –May 28, 1906(Retired) George Shiras Jr. Associate Justice Pennsylvania Joseph P. Bradley (Acclamation) –February 23, 1903(Retired) 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)

Notable Case in 171 U.S. Smyth v. Ames In Smyth v. Ames, 171 U.S. 361 (1898), also called The Maximum Freight Case, the Supreme Court voided a Nebraska railroad tariff law, declaring that it violated the Fourteenth Amendment to the United States Constitution in that it took property without due process of law. The Court defined the constitutional limits of governmental power to set railroad and utility rates by stating that regulated industries have the right to a "fair return". Smyth was overturned by the Court in 1944 in Federal Power Commission v. Hope Natural Gas Co..

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 171 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Schollenberger v. Pennsylvania ex rel. Paul 1 (1898) Peckham none Gray Pa. reversed Collins v. New Hampshire 30 (1898) Peckham none Harlan N.H. reversed Pounds v. United States 35 (1898) McKenna none none C.C.N.D. Ala. affirmed Harrison v. Morton 38 (1898) McKenna none none Md. dismissed Detroit Citizens' Street Railway Company v. Detroit Railway Company 48 (1898) McKenna none none Mich. affirmed Del Monte Mining and Milling Company v. Last Chance Mining and Milling Company 55 (1898) Brewer none none 8th Cir. certification Clark v. Fitzgerald 92 (1898) Brewer none none Mont. affirmed Johnson v. Drew 93 (1898) Brewer none none Fla. affirmed Tinsley v. Anderson 101 (1898) Fuller none none C.C.N.D. Tex. affirmed Central National Bank v. Stevens 108 (1898) per curiam none none N.Y. mandate undisturbed North American Commercial Company v. United States 110 (1898) Fuller none none 2d Cir. reversed Pullman's Palace Car Company v. Central Transportation Company 138 (1898) Peckham none none C.C.E.D. Pa. reversed District of Columbia v. Bailey 161 (1898) White none none D.C. Cir. reversed Young v. Amy 179 (1898) White none none Utah affirmed The Irrawaddy 187 (1898) Shiras none Brown 2d Cir. certification Hubbell v. United States 203 (1898) Brown none none Ct. Cl. affirmed Tidewater Oil Company v. United States 210 (1898) Brown none none Ct. Cl. affirmed Ely's Administrator v. United States 220 (1898) Brewer none none Ct. Priv. Land Cl. reversed United States v. Maish 242 (1898) Brewer none none Ct. Priv. Land Cl. reversed Faxon v. United States 244 (1898) Fuller none none Ct. Priv. Land Cl. affirmed Northern Pacific Railroad Company v. Smith 260 (1898) Shiras Brewer none 8th Cir. reversed Camou v. United States 277 (1898) Brewer none none Ct. Priv. Land Cl. reversed Perrin v. United States 292 (1898) Brewer none none Ct. Priv. Land Cl. reversed Walrath v. Champion Mining Company 293 (1898) McKenna none none 9th Cir. affirmed City of New Orleans v. Texas and Pacific Railway Company 312 (1898) Fuller none none C.C.E.D. La. reversed Patapsco Guano Company v. North Carolina Board of Agriculture 345 (1898) Fuller none none C.C.E.D.N.C. affirmed Smyth v. Ames 361 (1898) Harlan none none C.C.D. Neb. affirmed White v. Berry 366 (1898) Harlan none none C.C.D.W. Va. reversed White v. Butler 379 (1898) Harlan none none C.C.D.W. Va. reversed Thompson v. Missouri 380 (1898) Harlan none none Mo. affirmed Baldy v. Hunter 388 (1898) Harlan none none Ga. affirmed King v. Mullins 404 (1898) Harlan none none C.C.D.W. Va. affirmed King v. Panther Lumber Company 437 (1898) Harlan none none C.C.D.W. Va. affirmed California National Bank v. Thomas 441 (1898) Brown none none Cal. dismissed California National Bank v. Stateler 447 (1898) Brown none none Cal. dismissed The G.R. Booth 450 (1898) Gray none none 2d Cir. certification The Silvia 462 (1898) Gray none none 2d Cir. affirmed Briggs v. Walker 466 (1898) Gray none none Ky. affirmed Hubbard v. Tod 474 (1898) Fuller none none 8th Cir. affirmed United States v. Joint Traffic Association 505 (1898) Peckham none none 2d Cir. reversed Hopkins v. United States 578 (1898) Peckham none none 8th Cir. reversed Anderson v. United States 604 (1898) Peckham none none 8th Cir. reversed Northwestern National Bank v. Freeman 620 (1898) McKenna none none Sup. Ct. Terr. Ariz. affirmed Brown v. United States 631 (1898) Shiras none none U.S. Ct. Ind. Terr. dismissed Naeglin v. De Cordoba 638 (1898) Brewer none none Sup. Ct. Terr. N.M. affirmed Pierce v. Somerset Railway Company 641 (1898) Peckham none none Me. dismissed St. Louis Mining and Milling Company v. Montana Mining and Milling Company 650 (1898) Fuller none none Mont. affirmed New York v. Roberts 658 (1898) Shiras none Harlan N.Y. Sup. Ct. affirmed

Notes and references

See also Certificate of division

External links Case reports in volume 171 from Library of Congress Case reports in volume 171 from Court Listener Case reports in volume 171 from the Caselaw Access Project of Harvard Law School Case reports in volume 171 from Google Scholar Case reports in volume 171 from Justia Case reports in volume 171 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