List of United States Supreme Court cases, volume 196

This is a list of cases reported in volume 196 of United States Reports, decided by the Supreme Court of the United States in 1904 and 1905.

Justices of the Supreme Court at the time of volume 196 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 196 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)

Notable Case in 196 U.S.

Swift & Co. v. United States Swift & Co. v. United States, 196 U.S. 375 (1904), is a landmark decision under the Sherman Antitrust Act of 1890. The Supreme Court ruled that the Commerce Clause of the United States Constitution allows the federal government to regulate monopolies having a direct effect on commerce. It marked the success of the Presidency of Theodore Roosevelt in destroying the Beef Trust. In particular, it allowed Congress to regulate the Chicago slaughterhouse industry; though the slaughterhouses claimed they dealt only in intrastate commerce, the butchering of meat was held by the Court to be merely a "station" along the way between cow and consumer. So, as part of the national meat industry among different states, Congress can regulate it. The federal government's victory in the case encouraged it to pursue other antitrust actions. Public opinion, outraged by Upton Sinclair's novel The Jungle, which depicted horribly unsanitary conditions in Chicago's meatpacking plants, supported the decision. Congress followed by passing in 1906 both the Pure Food and Drug Act and the Meat Inspection Act."The Supreme Court upholds Prosecution of the Beef Trust," in Frank N. Magill, ed., Great Events from History II: Business and Commerce Series Volume 1 1897–1923 (1994) pp 107–111

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 196 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Johnson v. Southern P.R.R. Co. 1 (1904) Fuller none none 8th Cir. reversed Missouri v. Nebraska 23 (1904) Harlan none none original continued Keely v. Moore 38 (1904) Brown none none D.C. Cir. affirmed Hunt v. Springfield F. & M. Ins. Co. 47 (1904) Brown none none D.C. Cir. affirmed Texas & P. Ry. Co. v. Swearingen 51 (1904) White none none 5th Cir. affirmed Lee v. Robinson 64 (1904) Holmes none none C.C.D.S.C. affirmed Wetmore v. Markoe 68 (1904) Day none none N.Y. Sup. Ct. affirmed Harding v. Illinois 78 (1904) Day none none Ill. dismissed Courtney v. Pradt 89 (1905) Fuller none none C.C.E.D. Ky. dismissed Smalley v. Laugenour 93 (1905) Fuller none none Wash. dismissed Comstock v. Eagleton 99 (1905) Fuller none none Sup. Ct. Terr. Okla. dismissed Scott v. Carew 100 (1905) Brewer none none 5th Cir. affirmed First Nat'l Bank v. Lasater 115 (1905) Brewer none none Tex. Civ. App. reversed Butte C.W. Co. v. Baker 119 (1905) Brewer none none Mont. affirmed Chicago et al. Ry. Co. v. McGuire 128 (1905) Brown none none Ind. App. dismissed American Express Co. v. Iowa 133 (1905) White none none Iowa reversed Adams E. Co. v. Iowa 147 (1905) White none none Iowa reversed Lucius v. Cawthon C. Co. 149 (1905) White none none S.D. Ala. dismissed Wolff v. District of Columbia 152 (1905) McKenna none none D.C. Cir. affirmed - style="background: white" colspan=7 DC has no special duty to light streets to prevent people from tripping over lawful road obstructions. Moore v. United States 157 (1905) McKenna none none Ct. Cl. reversed Hartigan v. United States 169 (1904) McKenna none none Ct. Cl. affirmed Sixto v. Sarria 175 (1905) Day none none D.P.R. reversed Fullerton v. Texas 194 (1905) Fuller none none Tex. Crim. App. dismissed Central of Ga. Ry. Co. v. Murphey 194 (1905) Peckham none none Ga. reversed United States v. United V.C. Co. 207 (1905) McKenna none Brown Sup. Ct. Terr. Ariz. affirmed Union S.Y. Co. v. Chicago, Burlington & Quincy R.R. Co. 217 (1905) Day none none 8th Cir. certification Slavens v. United States 229 (1905) Day none none Ct. Cl. affirmed Madisonville T. Co. v. St. Bernard M. Co. 239 (1905) Harlan none Holmes C.C.W.D. Ky. affirmed Cook v. Marshall Cnty. 261 (1905) Brown White none Iowa affirmed Hodge v. Muscatine Cnty. 276 (1905) Brown White none Iowa affirmed Burton v. United States 283 (1905) Peckham none Harlan E.D. Mo. reversed United States v. Harvey S. Co. 310 (1905) Holmes none none Ct. Cl. affirmed Rooney v. North Dakota 319 (1905) Harlan none none N.D. affirmed United States v. Crosley 327 (1905) Day none none Ct. Cl. affirmed Creede et al. Co. v. Uinta et al. Co. 337 (1905) Brewer none none 8th Cir. affirmed Ramsey v. Tacoma L. Co. 360 (1905) Brewer none none Wash. affirmed Munsey v. Clough 364 (1905) Peckham none none N.H. affirmed Swift & Co. v. United States 375 (1905) Holmes none none C.C.N.D. Ill. affirmed Small v. Rakestraw 403 (1905) Holmes none none Mont. affirmed Hamburg American Steamship Co. v. Grube 407 (1905) Fuller none none N.H. affirmed McDaniel v. Traylor 415 (1905) Harlan none none C.C.E.D. Ark. reversed Caledonian C. Co. v. Baker 432 (1905) Harlan none none Sup. Ct. Terr. N.M. affirmed Smiley v. Kansas 447 (1905) Brewer none none Kan. affirmed Allen v. Alleghany Co. 458 (1905) Brown none none N.J. Sup. Ct. dismissed Corry v. City of Baltimore 466 (1905) White none none Md. affirmed Vanderbilt v. Eidman 480 (1905) White none none 2d Cir. certification Western T. & T. Co. v. Brown 502 (1905) White none none 8th Cir. reversed United States v. Engard 511 (1905) White none none Ct. Cl. affirmed Thompson v. Fairbanks516 (1905) Peckham none none Vt. affirmed City of Oklahoma City v. McMaster 529 (1905) Peckham none none Sup. Ct. Terr. Okla. reversed City of Worcester v. Worcester C.S. Ry. Co. 539 (1905) Peckham none none Mass. affirmed Flanigan v. Sierra Cnty. 553 (1905) McKenna none none 9th Cir. reversed Wheeler v. Plumas Cnty. 562 (1905) McKenna none none 9th Cir. reversed McCaffrey v. Manogue 563 (1905) McKenna none none D.C. Cir. reversed United States v. Montana L. Mfg. Co. 573 (1905) McKenna none none 9th Cir. certification Doctor v. Harrington 579 (1905) McKenna none none C.C.S.D.N.Y. reversed The Germanic 589 (1905) Holmes none none 2d Cir. affirmed Coulter v. Louisville & N.R.R. Co. 599 (1905) Holmes none none C.C.E.D. Ky. reversed Scottish et al. Co. v. Bowland 611 (1905) Day none none C.C.S.D. Ohio reversed

Notes and references

List of United States Supreme Court cases, volume 196

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