This is a list of cases reported in volume 223 of United States Reports, decided by the Supreme Court of the United States in 1912.
Justices of the Supreme Court at the time of volume 223 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 223 were decided the Court comprised the following eight members (following the death of Justice John Marshall Harlan):
Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Edward Douglass White Chief Justice Louisiana Melville Fuller (Acclamation) –May 19, 1921(Died) Joseph McKenna Associate Justice California Stephen Johnson Field (Acclamation) –January 5, 1925(Retired) Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray (Acclamation) –January 12, 1932(Retired) William R. Day Associate Justice Ohio George Shiras Jr. (Acclamation) –November 13, 1922(Retired) Horace Harmon Lurton Associate Justice Tennessee Rufus W. Peckham (Acclamation) –July 12, 1914(Died) Charles Evans Hughes Associate Justice New York David Josiah Brewer (Acclamation) –June 10, 1916(Resigned) Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) (Acclamation) –June 2, 1937(Retired) Joseph Rucker Lamar Associate Justice Georgia William Henry Moody (Acclamation) –January 2, 1916(Died)
Notable Case in 223 U.S. Pacific States Tel. & Tel. Co. v. Oregon Pacific States Tel. & Tel. Co. v. Oregon, 223 U.S. 118 (1912), involved the constitutionality of the citizens' initiative and the enforceability of the Guarantee Clause of the Constitution. A unanimous Supreme Court rejected a corporation's argument that the Guarantee Clause forbade Oregon's initiative process, citing Luther v. Borden to conclude that such claims presented political questions and are non-justiciable.
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 "C.C.D." = United States Circuit Court for the District of . . . e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey "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.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York 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 223 U.S.
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Second Employers' Liability Cases 1 (1912) VanDevanter none none multiple multiple Quong Wing v. Kirkendall 59 (1912) Holmes none Lamar Mont. affirmed Noble v. Gallardo y S. 65 (1912) Holmes none none D.P.R. reversed United States v. Wong You 67 (1912) Holmes none none 2d Cir. reversed Louisville & N.R.R. Co. v. F.W. Cook B. Co. 70 (1912) Lurton none none 7th Cir. affirmed Waskey v. Hammer 85 (1912) VanDevanter none none 9th Cir. affirmed United States ex rel. Lowe v. Fisher 95 (1912) McKenna none none D.C. Cir. affirmed Cherokee Nation v. Whitmire108 (1912) McKenna none none Ct. Cl. reversed Pacific et al. Co. v. Oregon118 (1912) White none none Or. dismissed Kiernan v. City of Portland151 (1912) White none none Or. dismissed The Abby Dodge166 (1912) White none none S.D. Fla. reversed Hendricks v. United States178 (1912) White none none C.C.D. Or. dismissed Aetna L. Ins. Co. v. Tremblay 185 (1912) White none none Me. dismissed United States v. Baruch191 (1912) White none none 2d Cir. reversed Jacobs v. Prichard 200 (1912) McKenna none none Wash. affirmed Fairbanks v. United States 215 (1912) McKenna none none 8th Cir. affirmed United States et al. Co. v. Sandoval 227 (1912) McKenna none none Ariz. reversed Northwestern M.L. Ins. Co. v. McCue 234 (1912) McKenna none none 4th Cir. affirmed New York C.J.F. Co. v. District of Columbia 253 (1912) McKenna none none D.D.C. affirmed Jacob v. Roberts 261 (1912) McKenna none none Cal. affirmed Ker & Co. v. Couden 268 (1912) Holmes none McKenna Phil. affirmed Atchison et al. R.R. Co. v. O'Connor 280 (1912) Holmes none none C.C.D. Colo. reversed Collins v. Texas 288 (1912) Holmes none none Tex. Crim. App. affirmed Meyer v. Wells Fargo & Co. 298 (1912) Holmes none none C.C.W.D. Okla. affirmed Powers v. United States 303 (1912) Day none none W.D. Va. affirmed Rocca v. Thompson 317 (1912) Day none none Cal. affirmed United States E. Co. v. Minnesota 335 (1912) Day none none Minn. affirmed Lincoln et al. Co. v. City of Lincoln 349 (1912) Lurton none none C.C.D. Neb. reversed The San Pedro 365 (1912) Lurton none none N.D. Cal. reversed Cuebas y A. v. Cuebas y A. 376 (1912) Lurton none none D.P.R. affirmed City of Cincinnati v. Louisville & N.R.R. Co. 390 (1912) Lurton none none Ohio affirmed United States v. Citroen 407 (1912) Hughes none none 2d Cir. affirmed Ferris v. Frohman 424 (1912) Hughes none none Ill. affirmed Reitler v. Harris 437 (1912) VanDevanter none none Kan. affirmed Diaz v. United States 442 (1912) VanDevanter none Lamar Phil. affirmed Gaar S. & Co. v. Shannon 468 (1912) Lamar none none Tex. Civ. App. affirmed New M.E. Co. v. Marshall E. Co. 473 (1912) Lamar none none Mass. Super. Ct. affirmed Galveston et al. R.R. Co. v. Wallace 481 (1912) Lamar none none Tex. Civ. App. affirmed McCarthy v. First Nat'l Bank 493 (1912) Lamar none none S.D. affirmed Latimer v. United States501 (1912) Lamar none none D.P.R. affirmed Miller v. King 505 (1912) Lamar none none Or. affirmed United States v. Nord D.L. 512 (1912) Lamar none none C.C.S.D.N.Y. reversed Metropolitan W. Co. v. Kaw V.D. Dist. 519 (1912) Lamar none none C.C.D. Kan. dismissed United States v. Ellicott 524 (1912) White none none Ct. Cl. reversed Ontario L. Co. v. Wilfong 543 (1912) McKenna none none 9th Cir. affirmed Southern P.R.R. Co. v. United States 560 (1912) Holmes none none 9th Cir. affirmed United States v. Southern P.R.R. Co. 565 (1912) Holmes none none 9th Cir. reversed Kansas City S.R.R. Co. v. C.H. Albers Comm'n Co. 573 (1912) VanDevanter none none Kan. reversed United States v. Miller 599 (1912) VanDevanter none none C.C.S.D. Ga. reversed Philadelphia Co. v. Stimson 605 (1912) Hughes none none D.C. Cir. affirmed In re Merchant et al. Co. 639 (1912) VanDevanter none none 8th Cir. mandamus granted Graham v. Gill 643 (1912) White none none Fla. affirmed Clason v. Matko 646 (1912) McKenna none none Ariz. affirmed Cedar Rapids G.L. Co. v. City of Cedar Rapids 655 (1912) Holmes none none Iowa affirmed Wingert v. First Nat'l Bank 670 (1912) Holmes none none 4th Cir. dismissed Tang Tun v. Edsell 673 (1912) Hughes none none 9th Cir. affirmed United States ex rel. Ness v. Fisher 683 (1912) VanDevanter none none D.C. Cir. affirmed Ripley v. United States 695 (1912) Lamar none none Ct. Cl. affirmed
Notes and references
External links Case reports in volume 223 from Library of Congress Case reports in volume 223 from Court Listener Case reports in volume 223 from the Caselaw Access Project of Harvard Law School Case reports in volume 223 from Google Scholar Case reports in volume 223 from Justia Case reports in volume 223 from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society