This is a list of cases reported in volume 189 of United States Reports, decided by the Supreme Court of the United States in 1903.

Justices of the Supreme Court at the time of volume 189 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 189 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) Henry Billings Brown Associate Justice Michigan Samuel Freeman Miller (Acclamation) –May 28, 1906(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) 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)

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 189 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition of case Kennedy M. & M. Co. v. Argonaut M. Co. 1 (1903) Fuller none none Cal. affirmed Kokomo F.M. Co. v. Kitselman 8 (1903) Fuller none none 7th Cir. reversed Hennessy v. Richardson D. Co. 25 (1903) Fuller none none C.C.D. Neb. reversed Kirwan v. Murphy 35 (1903) Fuller none none 8th Cir. reversed Brill v. Peckham et al. Co. 57 (1903) Fuller none none 2d Cir. reversed Tennessee v. Condon 64 (1903) Fuller none none Tenn. dismissed Union & P. Bank v. City of Memphis 71 (1903) Fuller none none multiple multiple Mexican C. Ry. Co., Ltd. v. Duthie 76 (1903) Fuller none none C.C.W.D. Tex. affirmed Jaquith v. Alden 78 (1903) Fuller none none 1st Cir. affirmed In re Key 84 (1903) Fuller none none D.C. Cir. mandamus denied Japanese Imm. Case 86 (1903) Harlan none none C.C.D. Wash. affirmed Oregon and California Railroad Co. v. United States I 103 (1903) Harlan none none 9th Cir. affirmed Oregon and California Railroad Co. v. United States II 116 (1903) Harlan none none 9th Cir. affirmed De Cambra v. Rogers 119 (1903) Brewer none none Cal. affirmed Eastern et al. Ass'n v. Williamson 122 (1903) Brewer none none S.C. affirmed Bell v. Commonwealth et al. Co. 131 (1903) Brewer none none 3d Cir. affirmed Fidelity & D. Co. v. Bucki & Son L. Co. 135 (1903) Brewer none none 5th Cir. affirmed McClung v. Penny 143 (1903) Brewer none none Sup. Ct. Terr. Okla. dismissed Winebrenner v. Forney 148 (1903) Brewer none none Sup. Ct. Terr. Okla. dismissed Sawyer v. Piper 154 (1903) Brewer none none Minn. dismissed The Osceola 158 (1903) Brown none none 7th Cir. certification San Jose et al. Co. v. San Jose R. Co. 177 (1903) Brown none none Cal. affirmed The Roanoke 185 (1903) Brown none none D. Wash. reversed United States v. Nix 199 (1903) Brown none none Ct. Cl. reversed Davis & F. Mfg. Co. v. City of Los Angeles 207 (1903) Brown none none C.C.S.D. Cal. affirmed Nashua S. Bank v. Anglo et al. Co. 221 (1903) Brown none none 1st Cir. affirmed Sena v. United States I 233 (1903) Brown none none Ct. Priv. Land Cl. affirmed Rankin v. Fidelity et al. Co. 242 (1903) Brown none none 3d Cir. affirmed Glidden v. Harrington 255 (1903) Brown none none Mass. Super. Ct. affirmed Wiser v. Lawler 260 (1903) Brown none none Sup. Ct. Terr. Ariz. affirmed Missouri P. Ry. Co. v. United States 274 (1903) White none Brewer 8th Cir. reversed Potter v. Hall 292 (1903) White none none Sup. Ct. Terr. Okla. reversed Farmers' & M. Ins. Co. v. Dobney 301 (1903) White none none Neb. affirmed Onondaga Nation v. Thacher 306 (1903) White none none N.Y. Sup. Ct. dismissed Shurtleff v. United States 311 (1903) Peckham none none Ct. Cl. affirmed Sexton v. California 319 (1903) Peckham none none Cal. affirmed Foster v. Pryor 325 (1903) Peckham none none Sup. Ct. Terr. Okla. affirmed Finney v. Guy 335 (1903) Peckham none none Wis. affirmed Thayer v. Spratt 346 (1903) Peckham none none Wash. affirmed Texas P. Ry. Co. v. Carlin 354 (1903) Peckham none none 5th Cir. affirmed The Conemaugh 363 (1903) McKenna none none 6th Cir. affirmed Zane v. Hamilton Cnty. 370 (1903) McKenna none none 7th Cir. affirmed Detroit et al. Ry. v. Osborn 383 (1903) McKenna none none Mich. affirmed United States v. Mission R. Co. 391 (1903) McKenna none none 9th Cir. affirmed Chattanooga et al. Ass'n v. Denson 408 (1903) McKenna none none 5th Cir. affirmed Gordon ex rel. Roper v. Randle 417 (1903) McKenna none none D.C. Cir. affirmed Pullman Co. v. Adams 420 (1903) Holmes none none Miss. affirmed National B. & L. Co. v. Petrie 423 (1903) Holmes none none N.Y. Sup. Ct. affirmed Brownfield v. South Carolina 426 (1903) Holmes none none S.C. affirmed Pardee v. Aldridge 429 (1903) Holmes none none Tex. Civ. App. affirmed Knoxville W. Co. v. City of Knoxville 434 (1903) Holmes none none Tenn. affirmed San Diego L.T. Co. v. Jasper 439 (1903) Holmes none none C.C.S.D. Cal. affirmed Southern P.R.R. Co. v. United States 447 (1903) Holmes none none 9th Cir. affirmed The Paquete Habana 453 (1903) Holmes none none S.D. Fla. reversed Texas P. Ry. Co. v. Behymer 468 (1903) Holmes none none 5th Cir. affirmed United States v. Sweet 471 (1903) Holmes none none Ct. Cl. reversed United States v. Barnett 474 (1903) Holmes none none Ct. Cl. reversed Giles v. Harris 475 (1903) Holmes none Brewer; Harlan C.C.M.D. Ala. affirmed Sena v. United States II 504 (1903) Brown none none Ct. Priv. Land Cl. affirmance modified

Notes and references

See also Certificate of division

External links Case reports in volume 189 from Library of Congress Case reports in volume 189 from Court Listener Case reports in volume 189 from the Caselaw Access Project of Harvard Law School Case reports in volume 189 from Google Scholar Case reports in volume 189 from Justia Case reports in volume 189 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