List of United States Supreme Court cases, volume 211

This is a list of cases reported in volume 211 of United States Reports, decided by the Supreme Court of the United States in 1908 and 1909.

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

Justices of the Supreme Court at the time of volume 211 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).[1] 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 211 were decided the Court comprised the following nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Melville FullerChief JusticeIllinoisMorrison WaiteJuly 20, 1888
(41–20)
October 8, 1888

July 4, 1910
(Died)
John Marshall HarlanAssociate JusticeKentuckyDavid DavisNovember 29, 1877
(Acclamation)
December 10, 1877

October 14, 1911
(Died)
David Josiah BrewerAssociate JusticeKansasStanley MatthewsDecember 18, 1889
(53–11)
January 6, 1890

March 28, 1910
(Died)
Edward Douglass WhiteAssociate JusticeLouisianaSamuel BlatchfordFebruary 19, 1894
(Acclamation)
March 12, 1894

December 18, 1910
(Continued as chief justice)
Rufus W. PeckhamAssociate JusticeNew YorkHowell Edmunds JacksonDecember 9, 1895
(Acclamation)
January 6, 1896

October 24, 1909
(Died)
Joseph McKennaAssociate JusticeCaliforniaStephen Johnson FieldJanuary 21, 1898
(Acclamation)
January 26, 1898

January 5, 1925
(Retired)
Oliver Wendell Holmes Jr.Associate JusticeMassachusettsHorace GrayDecember 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
William R. DayAssociate JusticeOhioGeorge Shiras Jr.February 23, 1903
(Acclamation)
March 2, 1903

November 13, 1922
(Retired)
William Henry MoodyAssociate JusticeMassachusettsHenry Billings BrownDecember 12, 1906
(Acclamation)
December 17, 1906

November 20, 1910
(Retired)

Notable cases in 211 U.S.

Berea College v. Kentucky

Berea College v. Kentucky, 211 U.S. 45 (1908), is a significant case in which the Supreme Court upheld the right of states to prohibit private educational institutions chartered as corporations from admitting both black and white students. As in the related Plessy v. Ferguson decision, it was marked by a strongly worded dissent by John Marshall Harlan. The ruling also is a minor landmark on the nature of corporate personhood.

Twining v. New Jersey

In Twining v. New Jersey, 211 U.S. 78 (1908), the Supreme Court established the Incorporation Doctrine by concluding that, while certain rights enumerated in the federal Bill of Rights might apply to the states under the Fourteenth Amendment's Due Process Clause, the Fifth Amendment's right against self-incrimination was not incorporated. Twining was overturned in Malloy v. Hogan (1964), in which the Court finally incorporated the right against self-incrimination.

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.

List of cases in volume 211 U.S.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Frasch v. Moore1 (1908)FullernonenoneD.C. Cir.dismissed
Brandon v. Ard11 (1908)HarlannonenoneKan.affirmed
Steele v. Culver26 (1908)HolmesnonenoneC.C.W.D. Mich.dismissed
New York ex rel. Silz v. Hesterberg31 (1908)DaynonenoneN.Y. Sup. Ct.affirmed
Berea College v. Kentucky45 (1908)BrewernoneHarlanKy.affirmed
Louisiana v. Garfield70 (1908)Holmesnonenoneoriginaldismissed
Twining v. New Jersey78 (1908)MoodynoneHarlanN.J.affirmed
Washington v. Oregon127 (1908)Brewernonenoneoriginalboundary set
Honolulu R.T. and L. Company v. Wilder I137 (1908)HolmesnonenoneSup. Ct. Terr. Haw.affirmed
Honolulu R.T. and L. Company v. Wilder II144 (1908)HolmesnonenoneSup. Ct. Terr. Haw.dismissed
Kaizo v. Henry146 (1908)MoodynonenoneSup. Ct. Terr. Haw.affirmed
Louisville and Nashville Railroad Company v. Mottley149 (1908)MoodynonenoneC.C.W.D. Ky.reversed
American Sugar Refining Company v. United States155 (1908)FullernonenoneC.C.S.D.N.Y.dismissed
Cotton v. Hawaii162 (1908)WhitenonenoneSup. Ct. Terr. Haw.dismissed
Bowers Hydraulic Dredging Company v. United States176 (1908)WhitenonenoneCt. Cl.affirmed
Phoenix Bridge Company v. United States188 (1908)WhitenonenoneCt. Cl.affirmed
Pickford v. Talbott199 (1908)McKennanonenoneD.C. Cir.affirmed
Prentis v. Atlantic Coast Line Railroad Company210 (1908)HolmesFuller, HarlannoneC.C.E.D. Va.reversed
Wilder v. Inter-Island Steam Navigation Company239 (1908)DaynonenoneSup. Ct. Terr. Haw.affirmed
Garfield v. United States ex rel. Goldsby249 (1908)DaynonenoneD.C. Cir.affirmed
Garfield v. United States ex rel. Allison264 (1908)DaynonenoneD.C. Cir.affirmed
Home Telephone and Telegraph Company v. City of Los Angeles265 (1908)MoodynonenoneC.C.S.D. Cal.affirmed
Honolulu Rapid Transit and Land Company v. Hawaii282 (1908)MoodynonenoneSup. Ct. Terr. Haw.reversed
Miller and Lux, Inc. v. East Side Canal and Irrigation Company293 (1908)HarlannonenoneC.C.S.D. Cal.affirmed
North American Cold Storage Company v. City of Chicago306 (1908)PeckhamnonenoneC.C.N.D. Ill.affirmed
Fitchie v. Brown321 (1908)PeckhamnonenoneSup. Ct. Terr. Haw.affirmed
Ingersoll v. Coram335 (1908)McKennanonenone1st Cir.affirmed
United States v. Keitel370 (1908)WhitenonenoneD. Colo.reversed
United States v. Forrester399 (1908)WhitenonenoneD. Colo.reversed
United States v. Herr I404 (1908)WhitenonenoneD. Colo.reversed
United States v. Herr II406 (1908)WhitenonenoneD. Colo.affirmed
Harriman v. Interstate Commerce Commission407 (1908)McKennanonenoneTex. Crim. App.dismissed
Hutchins v. William W. Bierce, Ltd.429 (1908)HolmesnonenoneSup. Ct. Terr. Haw.dismissed
McCorquodale v. Texas432 (1908)McKennanonenoneTex. Crim. App.dismissed
McCandless v. Pratt437 (1908)McKennanonenoneSup. Ct. Terr. Haw.dismissed
Paddell v. City of New York446 (1908)HolmesnonenoneN.Y. Sup. Ct.affirmed
Bailey v. Alabama452 (1908)HolmesnoneHarlanAla.affirmed
Butler v. Frazee459 (1908)MoodynonenoneD.C. Cir.affirmed
People ex rel. Kopel v. Bingham468 (1909)FullernonenoneN.Y. Sup. Ct.affirmed
Beers v. Glynn477 (1909)BrewernonenoneN.Y. Cnty. Sur. Ct.affirmed
Knop v. Monongahela River Consolidated Coal and Coke Company485 (1909)BrewernonenoneC.C.E.D. La.dismissed
Lemieux v. Young489 (1909)WhitenonenoneConn.affirmed
Miller v. New Orleans Acid and Fertilizer Company496 (1909)WhitenonenoneLa.affirmed
United States v. Biggs507 (1909)WhitenonenoneD. Colo.affirmed
United States v. Sullenberger522 (1909)WhitenonenoneD. Colo.affirmed
United States v. Freeman525 (1909)WhitenonenoneD. Colo.affirmed
Rusch v. John Duncan Land and Mining Company526 (1909)McKennanonenoneMich.affirmed
Reid v. United States529 (1909)HolmesnonenoneS.D.N.Y.dismissed
McLean v. Arkansas539 (1909)DaynonenoneArk.affirmed
Hardaway v. National Surety Company552 (1909)Daynonenone6th Cir.affirmed
Murphy v. John Hofman Company562 (1909)MoodynonenoneN.Y.reversed
Page v. Rogers575 (1909)Moodynonenone6th Cir.reversed
Green County v. Quinlan582 (1909)MoodynoneHarlan6th Cir.affirmed
Green County v. Thomas' Executor598 (1909)Moodynonenone6th Cir.affirmed
Southern Realty Investment Company v. Walker603 (1909)HarlannonenoneC.C.S.D. Ga.affirmed
El Paso and Southwestern Railroad Company v. Vizard608 (1909)Brewernonenone5th Cir.affirmed
Missouri Pacific Railroad Company v. Larabee Flour Mills Company612 (1909)BrewerHolmesMoodyKan.affirmed
Morgan v. Adams627 (1909)McKennanonenoneD.C. Cir.dismissed

Notes and references

See also

External links