Legality of Cannabis by U.S. Jurisdiction

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

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.[edit]

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 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 July 20, 1888
(41–20)
October 8, 1888

July 4, 1910
(Died)
John Marshall Harlan Associate Justice Kentucky David Davis November 29, 1877
(Acclamation)
December 10, 1877

October 14, 1911
(Died)
David Josiah Brewer Associate Justice Kansas Stanley Matthews December 18, 1889
(53–11)
January 6, 1890

March 28, 1910
(Died)
Henry Billings Brown Associate Justice Michigan Samuel Freeman Miller December 29, 1890
(Acclamation)
January 5, 1891

May 28, 1906
(Retired)
Edward Douglass White Associate Justice Louisiana Samuel Blatchford February 19, 1894
(Acclamation)
March 12, 1894

December 18, 1910
(Continued as chief justice)
Rufus W. Peckham Associate Justice New York Howell Edmunds Jackson December 9, 1895
(Acclamation)
January 6, 1896

October 24, 1909
(Died)
Joseph McKenna Associate Justice California Stephen Johnson Field January 21, 1898
(Acclamation)
January 26, 1898

January 5, 1925
(Retired)
Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
William R. Day Associate Justice Ohio George Shiras Jr. February 23, 1903
(Acclamation)
March 2, 1903

November 13, 1922
(Retired)

Notable Case in 196 U.S.[edit]

G.F. Swift

Swift & Co. v. United States[edit]

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.[2]

Citation style[edit]

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 casfor want of jurisdictiones in volume 196 U.S.[edit]

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
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 et al. 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 et al. 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. Fairbanks 516 (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[edit]

  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  2. ^ "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

See also[edit]

External links[edit]