List of United States Supreme Court cases, volume 262

This is a list of cases reported in volume 262 of United States Reports, decided by the Supreme Court of the United States in 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 262 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 262 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)
Willis Van DevanterAssociate JusticeWyomingEdward Douglass White (as Associate Justice)December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
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)
Pierce ButlerAssociate JusticeMinnesotaWilliam R. DayDecember 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Edward Terry SanfordAssociate JusticeTennesseeMahlon PitneyJanuary 29, 1923
(Acclamation)
February 19, 1923

March 8, 1930
(Died)

Notable case in 262 U.S.

United States 1918 bond posters with germanophobic slogans

Meyer v. Nebraska

In Meyer v. Nebraska, 262 U.S. 390 (1923), the Supreme Court held that a 1919 Nebraska law restricting foreign-language education violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Nebraska law had been passed during World War I, during a period of heightened anti-German sentiment in the United States. The Court held that the liberties protected by the Fourteenth Amendment applied to foreign-language speakers. Meyer, along with Pierce v. Society of Sisters (1925), is often cited as one of the first instances in which the U.S. Supreme Court engaged in substantive due process in the area of civil liberties. Harvard Law Professor Laurence Tribe has called them "the two sturdiest pillars of the substantive due process temple". He noted that the decisions in these cases did not describe specific acts as constitutionally protected but a broader area of liberty: "[they] described what they were protecting from the standardizing hand of the state in language that spoke of the family as a center of value-formation and value-transmission ... the authority of parents to make basic choices" and not just controlling the subjects one's child is taught.[2]

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 262 U.S.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Chicago Board of Trade v. Olsen1 (1923)TaftnonenoneN.D. Ill.affirmed
Prendergast v. New York Telephone Company43 (1923)SanfordnonenoneS.D.N.Y.affirmed
Commercial Trust Company of New Jersey v. Miller, Alien Property Custodian51 (1923)McKennanonenone3d Cir.affirmed
United States Trust Company of New York v. Miller, Alien Property Custodian58 (1923)McKennanonenoneD.N.J.affirmed
Ahrenfeldt v. Miller, Alien Property Custodian60 (1923)McKennanonenone3d Cir.affirmed
United States v. Luskey62 (1923)McKennanonenoneCt. Cl.affirmed
United States v. Mossel65 (1923)McKennanonenoneCt. Cl.affirmed
A.G. Spalding and Brothers v. Edwards66 (1923)HolmesnonenoneS.D.N.Y.reversed
St. Louis Southwestern Railway Company v. United States70 (1923)BrandeisnonenoneCt. Cl.affirmed
Lion Bonding and Surety Company v. Karatz I77 (1923)Brandeisnonenone8th Cir.reversed
Ex parte Fuller91 (1923)TaftnonenoneS.D.N.Y.stay denied
New York ex rel. Clyde v. Gilchrist94 (1923)HolmesnonenoneN.Y. Sup. Ct.affirmed
Cunard Steamship Company, Ltd. v. Mellon, Secretary of the Treasury100 (1923)VanDevanternoneSutherlandS.D.N.Y.multiple
Cullinan v. Walker, Collector of Internal Revenue134 (1923)BrandeisnonenoneS.D. Tex.affirmed
Yuma County Water Users' Association v. Schlecht138 (1923)Sutherlandnonenone9th Cir.affirmed
Dier v. Banton147 (1923)TaftnonenoneS.D.N.Y.affirmed
Essgee Company of China v. United States151 (1923)TaftnonenoneS.D.N.Y.affirmed
Magnum Import Company, Inc. v. Coty159 (1923)Taftnonenone2d Cir.suspension denied
United States v. Sischo165 (1923)Holmesnonenone9th Cir.reversed
Bianchi v. Morales170 (1923)HolmesnonenoneD.P.R.affirmed
Oliver Iron Mining Company v. Lord172 (1923)VanDevanternonenoneD. Minn.affirmed
City of Trenton v. New Jersey182 (1923)ButlernonenoneN.J. Sup. Ct.dismissed
City of Newark v. New Jersey192 (1923)ButlernonenoneN.J. Sup. Ct.dismissed
Begg v. City of New York196 (1923)Sanfordnonenone2d Cir.dismissed
Work v. United States ex rel. McAlester-Edwards Company200 (1923)TaftnonenoneD.C. Cir.affirmed
American Steel Founderies v. Robertson209 (1923)TaftnonenoneN.D. Ill.reversed
Curtis, Collins and Holbrook Company v. United States215 (1923)Taftnonenone9th Cir.affirmed
Wagner Electric Manufacturing Company v. Lyndon226 (1923)TaftnonenoneE.D. Mo.dismissed
Graham v. Du Pont234 (1923)Taftnonenone3d Cir.reversed
Tulsidas v. Insular Collector of Customs258 (1923)McKennanonenonePhil.affirmed
Stevens v. Arnold266 (1923)Holmesnonenone3d Cir.reversed
Hart v. B.F. Keith Vaudeville Exchange271 (1923)HolmesnonenoneS.D.N.Y.reversed
Ex parte Davis274 (1923)McReynoldsnonenoneS.D.N.Y.prohibition denied
Missouri ex rel. Southwestern Bell Telephone Company v. Public Service Commission of Missouri276 (1923)McReynoldsBrandeisnoneMo.reversed
Davis v. Farmers Cooperative Equity Company312 (1923)BrandeisnonenoneMinn.reversed
Nashville, Chattanooga and St. Louis Railway v. Tennessee318 (1923)BrandeisnonenoneM.D. Tenn.reversed
South Utah Mines and Smelters v. Beaver County325 (1923)SutherlandnonenoneD. Utahreversed
Riddle v. Dyche333 (1923)SutherlandnonenoneN.D. Ga.affirmed
L. Vogelstein and Company, Inc. v. United States337 (1923)ButlernonenoneCt. Cl.affirmed
United States v. New River Collieries Company341 (1923)Butlernonenone3d Cir.affirmed
International Life Insurance Company v. Sherman346 (1923)ButlernonenoneMo.dismissed
Campbell v. City of Olney352 (1923)ButlernonenoneYoung County Ct.dismissed
McCarthy v. Arndstein355 (1923)SanfordnonenoneS.D.N.Y.affirmed
Houston Coal Company v. United States361 (1923)McReynoldsnonenoneS.D. Ohioreversed
First National Bank of San Jose v. California366 (1923)McReynoldsnonenoneCal.reversed
United States v. American Linseed Oil Company371 (1923)McReynoldsnonenoneN.D. Ill.reversed
Meyer v. Nebraska390 (1923)McReynoldsnonenoneNeb.reversed
Bartels v. Iowa404 (1923)McReynoldsnoneHolmesmultiplereversed
Atlantic Coast Line Railroad Company v. Daughton413 (1923)BrandeisnonenoneE.D.N.C.affirmed
Collins v. Loisel426 (1923)BrandeisnonenoneE.D. La.affirmed
Georgia Railway and Power Company v. City of Decatur432 (1923)SutherlandnonenoneGa.reversed
Georgia Railway and Power Company v. City of College Park441 (1923)SutherlandnonenoneGa.reversed
Brush Electric Company v. City of Galveston443 (1923)SutherlandnonenoneS.D. Tex.affirmed
Massachusetts v. Mellon, Secretary of the Treasury447 (1923)SutherlandnonenoneD.C. Cir.multiple
Willard, Sutherland and Company v. United States489 (1923)ButlernonenoneCt. Cl.affirmed
William C. Atwater and Company, Inc. v. United States495 (1923)ButlernonenoneCt. Cl.affirmed
Madera Sugar Pine Company v. Industrial Accident Commission of California499 (1923)SanfordnonenoneCal.affirmed
Sonneborn Brothers v. Cureton506 (1923)TaftMcReynoldsnoneW.D. Tex.affirmed
Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas)522 (1923)TaftnonenoneKan.reversed
Kentucky Finance Corporation v. Paramount Auto Exchange544 (1923)VanDevanternoneBrandeisWis.reversed
Pennsylvania v. West Virginia553 (1923)VanDevanternoneHolmes; McReynolds; Brandeisoriginaldecree for Pa.
Georgia Railway and Power Company v. Railroad Commission of Georgia625 (1923)BrandeisnoneMcKennaN.D. Ga.affirmed
Lion Bonding and Surety Company v. Karatz II640 (1923)Brandeisnonenone8th Cir.modification denied
American Bank and Trust Company v. Federal Reserve Bank of Atlanta643 (1923)Brandeisnonenone5th Cir.affirmed
Farmers and Merchants Bank of Monroe, North Carolina v. Federal Reserve Bank of Richmond649 (1923)BrandeisnonenoneN.C.reversed
Joslin Manufacturing Company v. City of Providence668 (1923)SutherlandnonenoneR.I. Super. Ct.affirmed
Bluefield Water Works and Improvement Company v. Public Service Commission of West Virginia679 (1923)ButlernonenoneW. Va.reversed
City National Bank of El Paso v. El Paso and Northeastern Railroad Company695 (1923)ButlernonenoneTex. Civ. App.affirmed
Rindge Company v. Los Angeles County700 (1923)SanfordnonenoneCal. Ct. App.affirmed
Milheim v. Moffat Tunnel Improvement District710 (1923)SanfordnonenoneColo.affirmed

Notes and references

External links