This is a list of cases reported in volume 226 of United States Reports, decided by the Supreme Court of the United States in 1912 and 1913.

Justices of the Supreme Court at the time of volume 226 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 226 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 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) Mahlon Pitney Associate Justice New Jersey John Marshall Harlan (50–26) –December 31, 1922(Resigned)

Notable Case in 226 U.S. Standard Sanitary Mfg. Co. v. United States In Standard Sanitary Mfg. Co. v. United States, 226 U.S. 20 (1912), also known as the Bathtub Trust case, the Supreme Court held unanimously that ownership of patent rights does not immunize the owner from the antitrust laws prohibiting combinations in unreasonable restraint of trade. The Court famously said that the Sherman Act "is its own measure of right and wrong, of what it permits or forbids, and the judgment of the courts cannot be set up against it in a supposed accommodation of its policy with the good intention of parties, and, it may be, of some good results." A commentary stated, "This decision has become the leading case on the subject of the relation of the patent law and Sherman law to each other."Edwin P. Grosvenor, "The Rule of Reason as Applied by the United States Supreme Court of Commerce in Patented Articles", 17 Colum. L. Rev. 208, 213 (1917).

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 226 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Breese v. United States 1 (1912) Holmes none none 4th Cir. certification Harty v. Victoria 12 (1912) Holmes none none Phil. dismissed United States v. Baltimore et al. Railway Company 14 (1912) Holmes none none Comm. Ct. affirmed Standard Sanitary Manufacturing Company v. United States 20 (1912) McKenna none none D. Md. affirmed Smith v. Hitchcock 53 (1912) Holmes none none D.C. Cir. affirmed United States v. Union Pacific Railroad Company 61 (1912) Day none none C.C.D. Utah reversed Louisiana Navigation Company, Ltd. v. Oyster Commission 99 (1912) White none none La. dismissed Deming v. Carlisle Packing Company 102 (1912) White none none Wash. dismissed First National Bank v. Littlefield 110 (1912) White none none 2d Cir. affirmed Selover Bates and Company v. Walsh 112 (1912) McKenna none none Minn. affirmed Taylor v. Columbian University 126 (1912) McKenna none none D.C. Cir. affirmed Eubank v. City of Richmond 137 (1912) McKenna none none Va. reversed Burnet v. Desmornes y Alvarez 145 (1912) Holmes none none P.R. affirmed Jones v. Springer 148 (1912) Holmes none none N.M. affirmed Central Lumber Company v. South Dakota 157 (1912) Holmes none none S.D. affirmed Southwestern Brewery and Ice Company v. Schmidt 162 (1912) Holmes none none N.M. affirmed Miller v. Guasti 170 (1912) Day none none N.Y. Sup. Ct. affirmed 443 Cans Egg Product v. United States 172 (1912) Day none none 3d Cir. reversed Toyota v. Hawaii 184 (1912) Hughes none none Sup. Ct. Terr. Haw. affirmed Purity Extract and Tonic Company v. Lynch 192 (1912) Hughes none none Miss. affirmed Buck Stove and Range Company v. Vickers 205 (1912) VanDevanter none none Kan. reversed Yazoo and Mississippi Valley Railroad Company v. Jackson Vinegar Company 217 (1912) VanDevanter none none Miss. Cir. Ct. affirmed German Alliance Insurance Company v. Home Water Supply Company 220 (1912) Lamar none none 4th Cir. affirmed Veve v. Sanchez 234 (1912) Lamar none none D.P.R. reversed Beach v. United States 243 (1912) Pitney none none Ct. Cl. affirmed Rosenthal v. New York 260 (1912) Pitney none none N.Y. Cnty. Ct. affirmed Zakonaite v. Wolf 272 (1912) Pitney none none E.D. Mo. affirmed National Surety Company v. Architectural Decorating Company 276 (1912) Pitney none none Minn. affirmed United States v. Union Stock Yard Transit Company of Chicago 286 (1912) Day none none Comm. Ct. multiple Florida ex rel. Wailes v. Croom 309 (1912) White none none Fla. dismissed Robertson v. Gordon 311 (1912) Holmes none none D.C. Cir. reversed Murray v. City of Pocatello 318 (1912) Holmes none none Idaho affirmed United States v. Reading Company 324 (1912) Lurton none none C.C.E.D. Pa. multiple McLean v. United States 374 (1912) McKenna none none Ct. Cl. reversed Wood, Trustee in Bankruptcy v. Wilbert's Sons Shingle and Lumber Company 384 (1912) McKenna none none E.D. La. affirmed Darnell v. Indiana 390 (1912) Holmes none none Ind. affirmed Keatley v. Furey 399 (1912) Holmes none none C.C.N.D. Ill. dismissed Williams v. City of Talladega 404 (1912) Day none none Ala. reversed Ex parte United States 420 (1913) White none none E.D. Mo. prohibition granted Chicago, Rock Island and Pacific Railroad Company v. Hardwick Elevator Company 426 (1913) White none none Minn. reversed Hannum v. United States 436 (1913) White none none Ct. Cl. affirmed Anderson v. Smith 439 (1913) White none none D.C. Cir. affirmed Illinois Central Railroad Company v. Henderson Elevator Company 441 (1913) White none none Ky. reversed Preston v. City of Chicago 447 (1913) White none none Ill. dismissed Illinois ex rel. Gersch v. City of Chicago 451 (1913) White none none Ill. dismissed Ubeda v. Zialcita 452 (1913) Holmes none none Phil. affirmed Pittsburg Steel Company v. Baltimore Equitable Society 455 (1913) Holmes none none Md. affirmed Marshall Dental Manufacturing Company v. Iowa 460 (1913) Holmes none none Iowa affirmed Kalanianaole v. Smithies 462 (1913) Holmes none none Sup. Ct. Terr. Haw. affirmed Ewing v. City of Leavenworth 464 (1913) Day none none Kan. affirmed United States v. Union Pacific Railroad Company 470 (1913) Day none none D. Utah decree rejected Wheeler v. United States 478 (1913) Day none none D. Mass. affirmed Adams Express Company v. Croninger 491 (1913) Lurton none none Ky. Cir. Ct. reversed Chicago, Burlington and Quincy Railroad Company v. Miller 513 (1913) Lurton none none Neb. reversed Chicago, St. Paul, Minneapolis and Omaha Railway Company v. Latta 519 (1913) Lurton none none 8th Cir. reversed McNamara v. Henkel520 (1913) Hughes none none S.D.N.Y. affirmed United States v. Patten 525 (1913) VanDevanter none Lurton C.C.S.D.N.Y. reversed Plumley v. United States 545 (1913) Lamar none none Ct. Cl. affirmed Bunker Hill and Sullivan Mining and Concentrating Company v. United States 548 (1913) Lamar none none 9th Cir. affirmed Thompson v. Thompson 551 (1913) Pitney none none D.C. Cir. affirmed Evans v. United States 567 (1913) Pitney none none Ct. Cl. affirmed Missouri, Kansas and Texas Railway Company v. Wulf 570 (1913) Pitney none none 5th Cir. affirmed Schmidinger v. City of Chicago 578 (1913) Day none none Ill. affirmed El Paso and Southwestern Railroad Company v. Eichel 590 (1913) Pitney none none Tex. Civ. App. dismissed

Notes and references

External links Case reports in volume 226 from Library of Congress Case reports in volume 226 from Court Listener Case reports in volume 226 from the Caselaw Access Project of Harvard Law School Case reports in volume 226 from Google Scholar Case reports in volume 226 from Justia Case reports in volume 226 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