List of United States Supreme Court cases, volume 260

This is a list of cases reported in volume 260 of United States Reports, decided by the Supreme Court of the United States in 1922 and 1923.

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 260 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 260 were decided the Court comprised the following nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
William Howard TaftChief JusticeConnecticutEdward Douglass WhiteJune 30, 1921
(Acclamation)
July 11, 1921

February 3, 1930
(Retired)
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)
Willis Van DevanterAssociate JusticeWyomingEdward Douglass White (as Associate Justice)December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
Mahlon PitneyAssociate JusticeNew JerseyJohn Marshall HarlanMarch 13, 1912
(50–26)
March 18, 1912

December 31, 1922
(Resigned)
James Clark McReynoldsAssociate JusticeTennesseeHorace Harmon LurtonAugust 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis BrandeisAssociate JusticeMassachusettsJoseph Rucker LamarJune 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
George SutherlandAssociate JusticeUtahJohn Hessin ClarkeSeptember 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)

Notable cases in 260 U.S.

Zucht v. King

In Zucht v. King, 260 U.S. 174 (1922), the Supreme Court held that the school district of San Antonio, Texas, could constitutionally exclude students not vaccinated against smallpox from attending schools in the district. This followed the Court's 1905 ruling in Jacobson v. Massachusetts, in which the Court "had settled that it is within the police power of a state to provide for compulsory vaccination".

Ozawa v. United States

In Ozawa v. United States, 260 U.S. 178 (1922), the Supreme Court found Takao Ozawa, a Japanese-American who was born in Japan but had lived in the United States for 20 years, ineligible for naturalization. In 1914, Ozawa had filed for US citizenship under the Naturalization Act of 1906. This act allowed only "free white persons" and "persons of African nativity or persons of African descent" to naturalize. Ozawa did not challenge the constitutionality of the racial restrictions. Instead, he claimed that Japanese people should be properly classified as "free white persons". The Court held that "the words 'white person' was only to indicate a person of what is popularly known as the Caucasian race", and so Japanese were not considered "free white persons" within the meaning of the law.

Yamashita v. Hinkle

In Yamashita v. Hinkle, 260 U.S. 199 (1922), the Supreme Court upheld the constitutionality of the state of Washington's Alien Land Law. The law prohibited Asians from owning property. Washington's attorney general maintained that in order for Japanese people to fit in, their "marked physical characteristics" would have to be destroyed, that "the Negro, the Indian and the Chinaman" had already demonstrated assimilation was not possible for them. The U.S. Supreme Court heard the case, brought by Takuji Yamashita, and affirmed this race-based prohibition, citing its immediately prior issued decision in Takao Ozawa v. United States (described above). Washington's Alien Land Law would not be repealed until 1966.

Pennsylvania Coal Co. v. Mahon

In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), the Supreme Court held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. The decision started the doctrine of regulatory taking. The Takings Clause originally applied only when the government physically seized or occupied property. Prior to 1922, American courts followed a clear rule: regulation of land was not a taking. Rather, it was simply an exercise of the government’s police power to protect the public health, safety, welfare, and morals.

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. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 260 U.S.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Wyoming v. Colorado1 (1922)per curiamnonenoneoriginalrehearing denied
Lederer v. Stockton3 (1922)Taftnonenone3d Cir.affirmed
Charlotte Harbor and Northern Railway Company v. Wells8 (1922)McKennanonenoneFla.affirmed
Knights v. Jackson12 (1922)HolmesnonenoneMass.affirmed
North Carolina Railroad Company v. Lee16 (1922)BrandeisnonenoneN.C.reversed
United States v. Wong Sing18 (1922)McKennanonenoneD. Utahreversed
Jackman v. Rosenbaum Company22 (1922)HolmesnonenonePa.affirmed
Interstate Commerce Commission v. United States ex rel. Members of Waste Merchants Association of New York32 (1922)BrandeisnonenoneD.C. Cir.reversed
Chicago and Northwestern Railway Company v. Nye Schneider Fowler Company35 (1922)TaftnonenoneNeb.multiple
Wichita Railroad and Light Company v. Public Utilities Commission of Kansas48 (1922)Taftnonenone8th Cir.reversed
Freund v. United States60 (1922)TaftnonenoneCt. Cl.reversed
National Union Fire Insurance Company v. Wanberg71 (1922)\TaftnonenoneN.D.affirmed
Brewer-Elliott Oil and Gas Company v. United States77 (1922)Taftnonenone8th Cir.affirmed
Ryan v. United States90 (1922)TaftnonenoneCt. Cl.affirmed
United States v. Bowman94 (1922)TaftnonenoneS.D.N.Y.reversed
Ortega Company v. Triay103 (1922)McKennanonenoneS.D. Fla.affirmed
Bratton v. Chandler110 (1922)McKennanonenoneW.D. Tenn.reversed
Duesenberg Motors Corporation v. United States115 (1922)McKennanonenoneCt. Cl.affirmed
Keokuk and Hamilton Bridge Company v. United States125 (1922)HolmesnonenoneCt. Cl.affirmed
McKee v. Gratz127 (1922)Holmesnonenone8th Cir.affirmed
Browne v. Thorn137 (1922)Holmesnonenone8th Cir.affirmed
New York, New Haven and Hartford Railroad Company v. Fruchter141 (1922)McReynoldsnonenone2d Cir.reversed
Ohio ex rel. Seney v. Swift and Company146 (1922)McReynoldsnonenone6th Cir.dismissed
The Sao Vicente151 (1922)McReynoldsnonenone2d Cir.dismissed
Keogh v. Chicago and Northwestern Railway Company156 (1922)Brandeisnonenone7th Cir.affirmed
Baltimore and Ohio Southwestern Railroad Company v. Settle166 (1922)Brandeisnonenone6th Cir.reversed
Zucht v. King174 (1922)BrandeisnonenoneTex. Civ. App.dismissed
Ozawa v. United States178 (1922)Sutherlandnonenone9th Cir.certification
Yamashita v. Hinkle199 (1922)SutherlandnonenoneWash.affirmed
Gaston, Williams and Wigmore of Canada, Ltd. v. Warner201 (1922)Sutherlandnonenone2d Cir.affirmed
Southern Pacific Company v. Olympian Dredging Company205 (1922)Sutherlandnonenone9th Cir.reversed
Cumberland Telephone and Telegraph Company v. Louisiana Public Service Commission212 (1922)TaftnonenoneE.D. La.remanded
United States v. Atkins220 (1922)McReynoldsnonenone8th Cir.affirmed
Kline v. Burke Construction Company226 (1922)Sutherlandnonenone8th Cir.reversed
Liberty Oil Company v. Condon National Bank235 (1922)Taftnonenone8th Cir.reversed
Heisler v. Thomas Colliery Company245 (1922)McKennanonenonePa.affirmed
General Investment Company v. Lake Shore and Michigan Southern Railway Company261 (1922)VanDevanternonenone6th Cir.affirmed
United States v. Oregon Lumber Company290 (1922)SutherlandnoneBrandeis9th Cir.certification
City of Boston v. Jackson309 (1922)TaftnonenoneMass.affirmed
Southern Railway Company v. Clift316 (1922)McKennanonenoneInd.affirmed
United States v. Mason and Hanger Company323 (1922)McKennanonenoneCt. Cl.affirmed
United States v. Northeastern Construction Company326 (1922)McKennanonenoneCt. Cl.affirmed
Portsmouth Harbor Land and Hotel Company v. United States327 (1922)HolmesnoneBrandeisCt. Cl.reversed
New York Central and Hudson River Railroad Company v. Kinney340 (1922)HolmesnonenoneN.Y. Sup. Ct.affirmed
St. Louis Cotton Compress Company v. Arkansas346 (1922)HolmesnonenoneArk.reversed
Davis v. Green349 (1922)HolmesnonenoneMiss.reversed
McKelvey v. United States353 (1922)VanDevanternonenone9th Cir.affirmed
American Mills Company v. American Surety Company360 (1922)Taftnonenone2d Cir.affirmed
Champlain Realty Company v. Town of Brattleboro366 (1922)Taftnonenone]Vt.reversed
United States v. Lanza377 (1922)TaftnonenoneW.D. Wash.reversed
Regal Drug Corporation v. Wardell386 (1922)McKennanonenone9th Cir.reversed
Pennsylvania Coal Company v. Mahon393 (1922)HolmesnoneBrandeisPa.reversed
Kirby v. United States ex rel. Crow Tribe423 (1922)VanDevanternonenone9th Cir.affirmed
Cox v. Hart427 (1922)Sutherlandnonenone9th Cir.affirmed
Heitler v. United States438 (1923)TaftnonenoneN.D. Ill.remanded
Sioux City Bridge Company v. Dakota County441 (1923)TaftnonenoneNeb.reversed
Walker v. Gish447 (1923)TaftnonenoneD.C. Cir.affirmed
Blamberg Brothers v. United States452 (1923)TaftnonenoneD. Md.affirmed
Kansas City Southern Railway Company v. Van Zant459 (1923)McKennanonenoneMo.reversed
St. Louis Malleable Casting Company v. George C. Prendergast Construction Company469 (1923)McKennanonenoneMo.affirmed
Galveston Wharf Company v. City of Galveston473 (1923)HolmesnonenoneS.D. Tex.affirmed
United States v. Stafoff477 (1923)Holmesnonenonemultiplemultiple
United States v. Carver482 (1923)Holmesnonenone2d Cir.certification
Osaka Shosen Kaisha v. Pacific Export Lumber Company490 (1923)McReynoldsnonenone9th Cir.reversed
Charles A. Ramsay Company v. Associated Bill Posters of the United States and Canada501 (1923)McReynoldsnonenone2d Cir.reversed
Greenport Basin and Construction Company v. United States512 (1923)BrandeisnonenoneE.D.N.Y.affirmed
Rosenberg Brothers and Company, Inc. v. Curtis Brown Company516 (1923)BrandeisnonenoneW.D.N.Y.affirmed
Southern Railway Company v. Watts519 (1923)Brandeisnonenonemultipleaffirmed
Stockley v. United States532 (1923)Sutherlandnonenone5th Cir.reversed
Mason v. United States545 (1923)Sutherlandnonenone5th Cir.multiple
Jeems Bayou Fishing and Hunting Club v. United States561 (1923)Sutherlandnonenone5th Cir.affirmed
Baltimore and Ohio Railroad Company v. United States565 (1923)SutherlandnonenoneCt. Cl.affirmed
Federal Trade Commission v. Curtis Publishing Company568 (1923)McReynoldsnoneTaft ("doubting")3d Cir.affirmed
American Railway Express Company v. Lindenburg584 (1923)SutherlandnonenoneW. Va.reversed
Hill v. Smith592 (1923)HolmesnonenoneMass. Super. Ct.affirmed
Snake Creek Mining and Tunnel Company v. Midway Irrigation Company596 (1923)VanDevanternonenone8th Cir.affirmed
Oklahoma v. Texas606 (1923)VanDevanternoneMcReynoldsoriginalreferred to commissioners
Bankers Trust Company v. Blodgett647 (1923)McKennanonenoneConn. Super. Ct.affirmed
Lee v. Chesapeake and Ohio Railway Company653 (1923)VanDevanternonenoneE.D. Ky.affirmed
United States v. Lane662 (1923)Sutherlandnonenone5th Cir.affirmed
Foley v. United States667 (1923)McKennanonenoneCt. Cl.affirmed
Conley v. Barton677 (1923)McKennanonenoneMe.affirmed
Leigh Ellis and Company v. Davis682 (1923)Holmesnonenone5th Cir.affirmed
A. Bourjois and Company, Inc. v. Katzel689 (1923)Holmesnonenone2d Cir.reversed

Notes and references

External links