This is a list of cases reported in volume 173 of United States Reports, decided by the Supreme Court of the United States in 1899.

Justices of the Supreme Court at the time of volume 173 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 173 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)

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 173 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Pierce v. Tennessee Coal, Iron and Railroad Company 1 (1899) Gray none none 5th Cir. reversed Towson v. Moore 17 (1899) Gray none none D.C. Cir. affirmed Lomax v. Pickering 26 (1899) Brown none none Ill. affirmed Wilson v. City of Eureka 32 (1899) McKenna none none Utah affirmed McIntire v. Pryor 38 (1899) Brown none none D.C. Cir. affirmed Calhoun v. Violet 60 (1899) White none none Sup. Ct. Terr. Okla. affirmed Dunlap v. United States 65 (1899) Fuller none none Ct. Cl. affirmed United States v. Navarre 77 (1899) McKenna none none Ct. Cl. affirmed Collier v. United States 79 (1899) White none none Ct. Cl. affirmed Central Loan and Trust Company v. Campbell Commission Company 84 (1899) White none none Sup. Ct. Terr. Okla. reversed Sioux City Terminal Railroad and Warehouse Company v. Trust Company of North America 99 (1899) White none none 8th Cir. affirmed Bausman v. Dixon 113 (1899) Fuller none none Wash. dismissed Mullen v. Western Union Beef Company 116 (1899) Fuller none none Colo. Ct. App. dismissed Henrietta Mining and Milling Company v. Gardner 123 (1899) McKenna none none Sup. Ct. Terr. Ariz. reversed Merrill v. National Bank of Jacksonville 131 (1899) Fuller none White; Gray 5th Cir. affirmed Green Bay and Mississippi Canal Company v. Patten Paper Company 179 (1899) Shiras none none Wis. rehearing denied City of New Orleans v. Quinlan 191 (1899) Fuller none none C.C.E.D. La. affirmed Dewey v. City of Des Moines 193 (1899) Peckham none none Iowa reversed First National Bank v. Chapman 205 (1899) Peckham none none Ohio affirmed Henrietta Mining and Milling Company v. Johnson 221 (1899) Brown none none Sup. Ct. Terr. Ariz. affirmed Henrietta Mining and Milling Company v. Hill 225 (1899) Brown none none Sup. Ct. Terr. Ariz. affirmed Baltimore and Ohio Railroad Company v. Joy 226 (1899) Harlan none none 6th Cir. certification City of Covington v. Kentucky 231 (1899) Harlan none none Ky. affirmed Lake County v. Dudley 243 (1899) Harlan none none 8th Cir. reversed Gunnison County v. E.H. Rollins Sons 255 (1899) Harlan none none 8th Cir. reversed Ohio v. Thomas 276 (1899) Peckham none none 6th Cir. affirmed Lake Shore and Michigan Southern Railway Company v. Ohio 285 (1899) Harlan none Shiras; White Ohio affirmed Nugent v. Arizona Improvement Company 338 (1899) Harlan none none Sup. Ct. Terr. Ariz. reversed Texas and Pacific Railway Company v. Clayton 348 (1899) Harlan none none 2d Cir. affirmed United States v. Johnson 363 (1899) Harlan none none 2d Cir. certification United States v. Matthews 381 (1899) White Brown none Ct. Cl. affirmed Allen v. Smith 389 (1899) Brown none none La. reversed St. Louis, Iron Mountain and St. Paul Railway Company v. Paul 404 (1899) Fuller none none Ark. affirmed Price v. Forrest 410 (1899) Harlan none none N.J. affirmed Smith v. Burnett 430 (1899) Fuller none none D.C. Cir. affirmed Yerke v. United States 439 (1899) McKenna none none Ct. Cl. affirmed Remington Paper Company v. Watson 443 (1899) McKenna none none La. dismissed Ex parte Ward 452 (1899) Fuller none none N.D. Tex. habeas corpus denied Third Street and Suburban Railway Company v. Lewis 457 (1899) Fuller none none 9th Cir. dismissed Turner v. Wilkes County 461 (1899) Peckham none none N.C. dismissed United States v. New York Indians 464 (1899) Brown none none Ct. Cl. dismissed Brown v. Hitchcock 473 (1899) Brewer none none D.C. Cir. affirmed Allen v. Southern Pacific Railroad Company 479 (1899) White none none Cal. dismissed Medbury v. United States 492 (1899) Peckham none none Ct. Cl. affirmed Blythe v. Hinckley 501 (1899) Fuller none none C.C.N.D. Cal. dismissed Nicol v. Ames 509 (1899) Peckham none none C.C.N.D. Ill. affirmed Guthrie National Bank v. City of Guthrie 528 (1899) Peckham none none Sup. Ct. Terr. Okla. reversed The Chattahoochee 540 (1899) Brown none none 1st Cir. affirmed Cooper v. Newell 555 (1899) Fuller none none 5th Cir. certification Pope v. Louisville, New Albany and Chicago Railway Company 573 (1899) Fuller none none 7th Cir. dismissed Guarantee Company v. Mechanics' Savings Bank and Trust Company 582 (1899) Harlan none none 6th Cir. reversed Duluth and Iron Range Railroad Company v. Roy 587 (1899) McKenna none none Minn. affirmed Henderson Bridge Company v. City of Henderson I 592 (1899) Harlan none none Ky. affirmed Henderson Bridge Company v. City of Henderson II 624 (1899) Harlan none none Ky. affirmed Security Trust Company v. Dodd Mead and Company 624 (1899) Brown none none 8th Cir. certification Citizens' Savings Bank of Owensboro v. City of Owensboro 636 (1899) White none Brown Ky. affirmed Deposit Bank of Owensboro v. City of Owensboro 662 (1899) White none none Ky. affirmed Owensboro National Bank v. City of Owensboro 664 (1899) White none none Ky. reversed Lake Shore and Michigan Southern Railway Company v. Smith 684 (1899) Peckham none none Mich. reversed

Notes and references

See also Certificate of division

External links Case reports in volume 173 from Library of Congress Case reports in volume 173 from Court Listener Case reports in volume 173 from the Caselaw Access Project of Harvard Law School Case reports in volume 173 from Google Scholar Case reports in volume 173 from Justia Case reports in volume 173 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