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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 267 of United States Reports, decided by the Supreme Court of the United States in 1925.

Justices of the Supreme Court at the time of volume 267 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 267 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
William Howard Taft Chief Justice Connecticut Edward Douglass White June 30, 1921
(Acclamation)
July 11, 1921

February 3, 1930
(Retired)
Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)
Pierce Butler Associate Justice Minnesota William R. Day December 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney January 29, 1923
(Acclamation)
February 19, 1923

March 8, 1930
(Died)
Harlan F. Stone Associate Justice New York Joseph McKenna February 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)

Notable Cases in 267 U.S.[edit]

Ex parte Grossman[edit]

In Ex parte Grossman, 267 U.S. 87 (1925), the Supreme Court held that the US President may pardon criminal contempt of court.[2] Grossman had been convicted of criminal contempt but was pardoned by the President. The U.S. district court then sent him back to prison, and he appealed to the Supreme Court.

Carroll v. United States[edit]

In Carroll v. United States, 267 U.S. 132 (1925), the Supreme Court upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has been cited as widening the scope of warrantless search. The Court noted that Congress early observed the need for a search warrant in non-border search situations, and Congress always recognized "a necessary difference" between searches of buildings and vehicles "for contraband goods, where it is not practical to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought."

Removal of liquor during Prohibition

Samuels v. McCurdy[edit]

Samuels v. McCurdy, 267 U.S. 188 (1925), is a decision regarding the application of ex post facto when an object was legally purchased and possessed, but was then later banned by statute. In 1917, Georgia's criminal alcohol prohibition law became effective before federal prohibition did under the Eighteenth Amendment. Sig Samuels had legally purchased alcohol for personal use before the ban. A sheriff seized the alcohol with a valid search warrant after prohibition became effective. Samuels sued for a return of his property for violating his due process; he also claimed the law was being applied in an unconstitutional ex post facto fashion because consumption per se was not forbidden by Georgia's law. The Supreme Court held that ex post facto does not apply, because possession is an ongoing condition.

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. 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 267 U.S.[edit]

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Guardian Savings and Trust Company v. Road Improvement District No. 7 1 (1925) Holmes none none 8th Cir. reversed
College Point Boat Corporation v. United States 12 (1925) Brandeis none none Ct. Cl. affirmed
Lederer v. Fidelity Trust Company 17 (1925) Holmes none none 3d Cir. reversed
Direction der Disconto-Gesellschaft v. United States Steel Corporation 22 (1925) Holmes none none S.D.N.Y. affirmed
New Mexico v. Colorado 30 (1925) Sanford none none original multiple
Swiss National Insurance Company v. Miller 42 (1925) Taft none McReynolds D.C. Cir. affirmed
Standard Oil Company of New Jersey v. United States 76 (1925) Holmes none none 3d Cir. reversed
Morse v. United States 80 (1925) Sutherland none none S.D.N.Y. affirmed
James Shewan and Sons, Inc. v. United States 86 (1925) Taft none none S.D.N.Y. remanded
Ex parte Grossman 87 (1925) Taft none none N.D. Ill. habeas corpus granted
Nahmeh v. United States 122 (1925) Taft none none E.D.N.Y. reversed
Merchants Mutual Liability Insurance Company v. Smart 126 (1925) Taft none none N.Y. Sup. Ct. affirmed
Carroll v. United States 132 (1925) Taft none McReynolds W.D. Mich. affirmed
Work v. United States ex rel. Rives 175 (1925) Taft none none D.C. Cir. reversed
Work v. United States ex rel. Chestatee Pyrites and Chemical Corporation 185 (1925) Taft none none D.C. Cir. reversed
Samuels v. McCurdy 188 (1925) Taft none Butler Ga. affirmed
Pennsylvania Railroad System and Allied Lines Federation No. 90 v. Pennsylvania Railroad Company 203 (1925) Taft none none 3d Cir. affirmed
Pennsylvania System Board of Adjustment of the Brotherhood of Railway and Steamship Clerks v. Pennsylvania Railroad Company 219 (1925) Taft none none 3d Cir. affirmed
S.S. Coamo 220 (1925) Holmes none none 2d Cir. certification
Flanagan v. Federal Coal Company 222 (1925) Holmes none none Tenn. reversed
Stein v. Tip-Top Baking Company 226 (1925) Holmes none none] W.D. Ky. reversed
Kaplan v. Tod 228 (1925) Holmes none none S.D.N.Y. affirmed
Fort Smith Smelter Company v. Clear Creek Oil and Gas Company 231 (1925) Holmes none none Ark. affirmed
A.B. Small Company v. American Sugar Refining Company 233 (1925) VanDevanter none none S.D. Ga. affirmed
A.B. Small Company v. Lamborn and Company 248 (1925) VanDevanter none none S.D. Ga. affirmed
Browne v. Union Pacific Railroad Company 255 (1925) McReynolds none none Kan. affirmed
Austin Nichols and Company v. Steamship "Isla de Panay" 260 (1925) McReynolds none Sutherland 2d Cir. affirmed
Fulton National Bank of Atlanta v. Hozier 276 (1925) McReynolds none none 5th Cir. reversed
United States v. Cornell Steamboat Company 281 (1925) McReynolds none none Ct. Cl. affirmed
Chicago Great Western Railway Company v. Schendel 287 (1925) McReynolds none none Minn. affirmed
Davis v. Newton Coal Company 292 (1925) McReynolds none none Pa. affirmed
United States v. Archibald McNeil and Sons Company, Inc. 302 (1925) McReynolds none none E.D. Pa. affirmed
Buck v. Kuykendall 307 (1925) Brandeis none McReynolds W.D. Wash. reversed
G.W. Bush and Sons Company v. Maloy 317 (1925) Brandeis none McReynolds Md. reversed
Smyth v. Asphalt Belt Railway Company 326 (1925) Brandeis none none W.D. Tex. remand to 5th Cir.
Fort Smith Light and Traction Company v. Bourland 330 (1925) Brandeis none none Ark. affirmed
Cannon Manufacturing Company v. Cudahy Packing Company 333 (1925) Brandeis none none W.D.N.C. affirmed
Merritt v. United States 338 (1925) Brandeis none none Ct. Cl. affirmed
Mitchell v. United States 341 (1925) Brandeis none none Ct. Cl. affirmed
St. Louis, Kennett and Southeastern Railroad Company v. United States 346 (1925) Brandeis none none Ct. Cl. affirmed
Cairo, Truman and Southern Railroad Company v. United States 350 (1925) Brandeis none none Ct. Cl. affirmed
Grayson v. Harris 352 (1925) Sutherland none none Okla. multiple
Ohio Utilities Company v. Public Utilities Commission of Ohio 359 (1925) Sutherland none none Ohio reversed
Lynch v. Alworth-Stephens Company 364 (1925) Sutherland none none 8th Cir. affirmed
Blundell v. Wallace 373 (1925) Sutherland none none Okla. affirmed
City of Newark v. Central Railroad Company of New Jersey 377 (1925) Butler none none 3d Cir. affirmed
United States v. Butterworth-Judson Corporation 387 (1925) Butler none none 2d Cir. reversed
Louisville and Nashville Railroad Company v. United States 395 (1925) Butler none none Ct. Cl. affirmed
Chicago, Milwaukee and St. Paul Railway Company v. United States 403 (1925) Butler none none Ct. Cl. affirmed
Missouri Pacific Railroad Company v. Stroud 404 (1925) Butler none none Mo. Ct. App. reversed
United States v. Kaufman 408 (1925) Sanford none none 2d Cir. affirmed
Price v. Magnolia Petroleum Company 415 (1925) Sanford none none Okla. affirmed
Pearson v. United States 423 (1925) Sanford none none Ct. Cl. affirmed
Lancaster v. McCarty 427 (1925) Taft none none Tex. Civ. App. reversed
Brooks v. United States 432 (1925) Taft none none D.S.D. affirmed
Barclay and Company, Inc. v. Edwards 442 (1925) Taft none none S.D.N.Y. rehearing denied
Oklahoma v. Texas 452 (1925) VanDevanter none none original boundary set
Sanford and Brooks Company v. United States 455 (1925) Brandeis none none Ct. Cl. affirmed
Horowitz v. United States 458 (1925) Sanford none none Ct. Cl. affirmed
Olson v. United States Spruce Production Corporation 462 (1925) Holmes none none D. Or. reversed
Lewis v. Roberts 467 (1925) Sanford none none 5th Cir. reversed
United States v. P. Lorillard Company 471 (1925) Holmes none none Ct. Cl. affirmed
Wells v. Bodkin 474 (1925) Taft none none 9th Cir. affirmed
Bohler v. Callaway 479 (1925) Taft none none S.D. Ga. affirmed
Western and Atlantic Railroad Company v. Georgia Public Service Commission 493 (1925) Taft none none N.D. Ga. affirmed
Steele v. United States I 498 (1925) Taft none none S.D.N.Y. affirmed
Steele v. United States II 505 (1925) Taft none none S.D.N.Y. affirmed
Santa Fe Pacific Railroad Company v. Work 511 (1925) Taft none none D.C. Cir. affirmed
Cooke v. United States 517 (1925) Taft none none 5th Cir. reversed
Yeiser v. Dysart 540 (1925) Holmes none none Neb. affirmed
Lee v. Lehigh Valley Coal Company 542 (1925) Holmes none none S.D.N.Y. affirmed
Modern Woodmen of America v. Mixer 544 (1925) Holmes none none Neb. reversed
Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas) 552 (1925) VanDevanter none none Kan. multiple

Notes and references[edit]

  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  2. ^ Butler, Paul M. (1929). "Contempt and Executive Power to Pardon, Part II". Notre Dame Law Review. 4 (8). ISSN 0745-3515.

External links[edit]

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