This is a list of cases reported in volume 279 of United States Reports, decided by the Supreme Court of the United States in 1929.

Justices of the Supreme Court at the time of volume 279 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). 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 279 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 (Acclamation) –February 3, 1930(Retired) Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray (Acclamation) –January 12, 1932(Retired) Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) (Acclamation) –June 2, 1937(Retired) James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton (44–6) –January 31, 1941(Retired) Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar (47–22) –February 13, 1939(Retired) George Sutherland Associate Justice Utah John Hessin Clarke (Acclamation) –January 17, 1938(Retired) Pierce Butler Associate Justice Minnesota William R. Day (61–8) –November 16, 1939(Died) Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney (Acclamation) –March 8, 1930(Died) Harlan F. Stone Associate Justice New York Joseph McKenna (71–6) –July 2, 1941(Continued as chief justice)

Notable Case in 279 U.S. United States v. Schwimmer United States v. Schwimmer, 279 U.S. 644 (1929), concerned a pacifist applicant for naturalization who in the interview declared not to be willing to "take up arms personally" in defense of the United States. Originally found unable by the District Court for the Northern District of Illinois to take the prescribed oath of allegiance, a decision reversed on appeal, the case was ultimately argued before the Supreme Court, which ruled against the applicant and so denied her the possibility of becoming a United States citizen.

In his dissenting opinion, Justice O.W. Holmes wrote:

"The views referred to are an extreme opinion in favor of pacifism and a statement that she would not bear arms to defend the Constitution. So far as the adequacy of her oath is concerned, I hardly can see how that is affected by the statement, inasmuch as she is a woman over fifty years of age, and would not be allowed to bear arms if she wanted to. . . . [I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought -— not free thought for those who agree with us but freedom for the thought that we hate."

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. "# Cir." = United States Court of Appeals e.g., "3d Cir." = United States Court of Appeals for the Third Circuit "D." = United States District Court for the District of . . . e.g.,"D. Mass." = United States District Court for the District of Massachusetts "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama "Ct. Cl." = United States Court of Claims The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e.g.,"Pa." = Supreme Court of Pennsylvania e.g.,"Me." = Supreme Judicial Court of Maine

List of cases in volume 279 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Manley v. Georgia 1 (1929) Butler none none Ga. reversed Delaware, Lackawanna and Western Railroad Company v. Koske 7 (1929) Butler none none N.J. reversed McDonald v. United States 12 (1929) Butler none none 1st Cir. affirmed Morimura et al. Company v. Taback 24 (1929) Sanford none none 3d Cir. reversed Atlantic Coast Line Railroad Company v. Davis 34 (1929) Sanford none none S.C. reversed Leonard v. United States 40 (1929) Stone none none Ct. Cl. affirmed Nielsen v. Johnson 47 (1929) Stone none none Iowa reversed Flink v. Paladini 59 (1929) Holmes none none 9th Cir. affirmed Lewis v. United States 63 (1929) Sanford none none 8th Cir. affirmed United States v. New York Central Railroad Company 73 (1929) Holmes none none Ct. Cl. affirmed Spokane County v. United States 80 (1929) Taft none none Wash. affirmed Carson Petroleum Company v. Vial 95 (1929) Taft none none La. reversed London et al. Company v. California Industrial Accident Commission 109 (1929) Taft none none Cal. reversed Sutter Butte Canal Company v. California Railroad Commission 125 (1929) Taft none none Cal. affirmed Alberto v. Nicolas 139 (1929) Taft none none Phil. reversed Ithaca Trust Company v. United States 151 (1929) Holmes none none Ct. Cl. reversed United States Printing Company v. Griggs, C. and Company 156 (1929) Holmes none none Ohio reversed Gilchrist v. Interborough Rapid Transit Company 159 (1929) McReynolds none none S.D.N.Y. reversed Pampanga Sugar Mills v. Trinidad 211 (1929) Brandeis none none Phil. affirmed Riehle v. Margolies 218 (1929) Brandeis none none 2d Cir. affirmed Alabama v. United States 229 (1929) Sutherland none none N.D. Ala. affirmed Karnuth v. United States ex rel. Albro 231 (1929) Sutherland none none 2d Cir. reversed Helson v. Kentucky 245 (1929) Sutherland Stone none Ky. reversed Highland v. Russell Car Snow Plow Company 253 (1929) Butler none none Pa. affirmed Sinclair v. United States 263 (1929) Butler none none D.C. Cir. affirmed Grayson v. Harris 300 (1929) Sanford none none Okla. reversed Compañia General v. Collector of Internal Revenue 306 (1929) Stone none none Phil. affirmed New York Central Railroad Company v. Johnson 310 (1929) Stone none none 8th Cir. reversed Louisville and Nashville Railroad Company v. Chatters 320 (1929) Stone none none 5th Cir. reversed Weiss v. Weiner 333 (1929) Holmes none none 6th Cir. reversed Roschen v. Ward 337 (1929) Holmes none none S.D.N.Y. affirmed Posados v. Warner, Barnes and Company 340 (1929) Butler none none Phil. reversed Ex parte Worcester County National Bank 347 (1929) Taft none none Worcester Cnty. Prob. Ct. affirmed United States v. Fruit Growers Express Company 363 (1929) Taft none none W.D. Pa. affirmed United States v. J. Barth Company 370 (1929) Taft none none 7th Cir. reversed Douglas v. New York, New Haven and Hartford Railroad Company 377 (1929) Holmes none none N.Y. Sup. Ct. affirmed Becher v. Contoure Laboratories, Inc. 388 (1929) Holmes none none 2d Cir. affirmed Leonard v. Earle 392 (1929) McReynolds none none Md. affirmed United States ex rel. Claussen v. Day 398 (1929) Butler none none 2d Cir. affirmed United States v. Galveston et al. Railroad Company 401 (1929) Butler none none Ct. Cl. affirmed Morris and Company v. Skandinavia Insurance Company 405 (1929) Butler none none 5th Cir. affirmed Minneapolis, St. Paul and Sault Ste. Marie Railroad Company v. Rock 410 (1929) Butler none none Ill. App. Ct. reversed Central New England Railway Company v. Boston and Albany Railroad Company 415 (1929) Stone none none Suffolk Cnty. Super. Ct. affirmed New York v. Latrobe 421 (1929) Stone none none 3d Cir. reversed International Shoe Company v. Shartel 429 (1929) Stone none none W.D. Mo. affirmed United States v. American et al. Company 435 (1929) Holmes none none W.D. Okla. reversed Ex parte Bakelite Corporation 438 (1929) VanDevanter none none Ct. Cust. App. prohibition denied St. Louis & O.R.R. Co. v. United States 461 (1929) McReynolds none Brandeis; Stone E.D. Mo. reversed United States v. California C.C. 553 (1929) Brandeis none none D.C. Cir. reversed St. Louis–San Francisco Railway Company v. Alabama Public Service Commission 560 (1929) Brandeis none none M.D. Ala. vacated W.A. Marshall and Company v. The President Arthur 564 (1929) Sanford none none 2d Cir. affirmed Lucas v. Alexander 573 (1929) Stone none none 6th Cir. affirmed Standard Oil Company v. City of Marysville 582 (1929) Stone none none 8th Cir. affirmed Chesapeake and Ohio Railway Company v. Stapleton 587 (1929) Taft none none Ky. reversed Barry v. United States ex rel. Cunningham 597 (1929) Sutherland none none 3d Cir. reversed Macallen Company v. Massachusetts 620 (1929) Sutherland none none Mass. reversed Western and Atlantic Railroad Company v. Henderson 639 (1929) Butler none none Ga. reversed United States v. Schwimmer 644 (1929) Butler none Holmes 7th Cir. reversed The Pocket Veto Case 655 (1929) Sanford none none Ct. Cl. affirmed White River Lumber Company v. Arkansas ex rel. Applegate 692 (1929) Sanford none Butler Ark. affirmed Gulf Refining Company v. Atlantic Mutual Insurance Company 708 (1929) Stone none none 2d Cir. affirmed Old Colony Trust Company v. Commissioner 716 (1929) Taft none McReynolds 1st Cir. certification United States v. Boston and Maine Railroad Company 732 (1929) Taft none none 1st Cir. certification AAONMS v. Michaux 737 (1929) VanDevanter none none Tex. reversed Sinclair v. United States 749 (1929) McReynolds none none D.C. Cir. multiple Atchison, Topeka and Santa Fe Railway Company v. United States 768 (1929) Brandeis none none N.D. Ill. affirmed Baltimore and Ohio Railroad Company v. United States 781 (1929) Butler none none N.D. Ill. reversed Atlantic Coast Line Railroad Company v. Driggers 787 (1929) Sanford none none S.C. reversed Maryland Casualty Company v. Jones 792 (1929) Sanford none none 9th Cir. reversed Kirk v. Maumee Valley Electric Company 797 (1929) Stone none none S.D. Ohio reversed Kirk v. Providence Mill Company 807 (1929) Stone none none S.D. Ohio reversed Ohio Oil Company v. Conway 813 (1929) per curiam none none E.D. La. vacated

Notes and references

External links Case reports in volume 279 from Library of Congress Case reports in volume 279 from Court Listener Case reports in volume 279 from the Caselaw Access Project of Harvard Law School Case reports in volume 279 from Google Scholar Case reports in volume 279 from Justia Case reports in volume 279 from Open Jurist