List of United States Supreme Court cases, volume 211

This is a list of cases reported in volume 211 of United States Reports, decided by the Supreme Court of the United States in 1908 and 1909.

Justices of the Supreme Court at the time of volume 211 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 211 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 (41–20) –July 4, 1910(Died) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died) Edward Douglass White Associate Justice Louisiana Samuel Blatchford (Acclamation) –December 18, 1910(Continued as chief justice) Rufus W. Peckham Associate Justice New York Howell Edmunds Jackson (Acclamation) –October 24, 1909(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) William Henry Moody Associate Justice Massachusetts Henry Billings Brown (Acclamation) –November 20, 1910(Retired)

Notable cases in 211 U.S. Berea College v. Kentucky Berea College v. Kentucky, 211 U.S. 45 (1908), is a significant case in which the Supreme Court upheld the right of states to prohibit private educational institutions chartered as corporations from admitting both black and white students. As in the related Plessy v. Ferguson decision, it was marked by a strongly worded dissent by John Marshall Harlan. The ruling also is a minor landmark on the nature of corporate personhood.

Twining v. New Jersey In Twining v. New Jersey, 211 U.S. 78 (1908), the Supreme Court established the Incorporation Doctrine by concluding that, while certain rights enumerated in the federal Bill of Rights might apply to the states under the Fourteenth Amendment's Due Process Clause, the Fifth Amendment's right against self-incrimination was not incorporated. Twining was overturned in Malloy v. Hogan (1964), in which the Court finally incorporated the right against self-incrimination.

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.

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 211 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Frasch v. Moore 1 (1908) Fuller none none D.C. Cir. dismissed Brandon v. Ard 11 (1908) Harlan none none Kan. affirmed Steele v. Culver 26 (1908) Holmes none none C.C.W.D. Mich. dismissed New York ex rel. Silz v. Hesterberg 31 (1908) Day none none N.Y. Sup. Ct. affirmed Berea College v. Kentucky 45 (1908) Brewer none Harlan Ky. affirmed Louisiana v. Garfield 70 (1908) Holmes none none original dismissed Twining v. New Jersey 78 (1908) Moody none Harlan N.J. affirmed Washington v. Oregon 127 (1908) Brewer none none original boundary set Honolulu R.T. and L. Company v. Wilder I 137 (1908) Holmes none none Sup. Ct. Terr. Haw. affirmed Honolulu R.T. and L. Company v. Wilder II 144 (1908) Holmes none none Sup. Ct. Terr. Haw. dismissed Kaizo v. Henry 146 (1908) Moody none none Sup. Ct. Terr. Haw. affirmed Louisville and Nashville Railroad Company v. Mottley 149 (1908) Moody none none C.C.W.D. Ky. reversed American Sugar Refining Company v. United States 155 (1908) Fuller none none C.C.S.D.N.Y. dismissed Cotton v. Hawaii 162 (1908) White none none Sup. Ct. Terr. Haw. dismissed Bowers Hydraulic Dredging Company v. United States 176 (1908) White none none Ct. Cl. affirmed Phoenix Bridge Company v. United States 188 (1908) White none none Ct. Cl. affirmed Pickford v. Talbott 199 (1908) McKenna none none D.C. Cir. affirmed Prentis v. Atlantic Coast Line Railroad Company 210 (1908) Holmes Fuller, Harlan none C.C.E.D. Va. reversed Wilder v. Inter-Island Steam Navigation Company 239 (1908) Day none none Sup. Ct. Terr. Haw. affirmed Garfield v. United States ex rel. Goldsby 249 (1908) Day none none D.C. Cir. affirmed Garfield v. United States ex rel. Allison 264 (1908) Day none none D.C. Cir. affirmed Home Telephone and Telegraph Company v. City of Los Angeles 265 (1908) Moody none none C.C.S.D. Cal. affirmed Honolulu Rapid Transit and Land Company v. Hawaii 282 (1908) Moody none none Sup. Ct. Terr. Haw. reversed Miller and Lux, Inc. v. East Side Canal and Irrigation Company 293 (1908) Harlan none none C.C.S.D. Cal. affirmed North American Cold Storage Company v. City of Chicago 306 (1908) Peckham none none C.C.N.D. Ill. affirmed Fitchie v. Brown 321 (1908) Peckham none none Sup. Ct. Terr. Haw. affirmed Ingersoll v. Coram 335 (1908) McKenna none none 1st Cir. affirmed United States v. Keitel 370 (1908) White none none D. Colo. reversed United States v. Forrester 399 (1908) White none none D. Colo. reversed United States v. Herr I 404 (1908) White none none D. Colo. reversed United States v. Herr II 406 (1908) White none none D. Colo. affirmed Harriman v. Interstate Commerce Commission 407 (1908) McKenna none none Tex. Crim. App. dismissed Hutchins v. William W. Bierce, Ltd. 429 (1908) Holmes none none Sup. Ct. Terr. Haw. dismissed McCorquodale v. Texas 432 (1908) McKenna none none Tex. Crim. App. dismissed McCandless v. Pratt 437 (1908) McKenna none none Sup. Ct. Terr. Haw. dismissed Paddell v. City of New York 446 (1908) Holmes none none N.Y. Sup. Ct. affirmed Bailey v. Alabama 452 (1908) Holmes none Harlan Ala. affirmed Butler v. Frazee 459 (1908) Moody none none D.C. Cir. affirmed People ex rel. Kopel v. Bingham 468 (1909) Fuller none none N.Y. Sup. Ct. affirmed Beers v. Glynn 477 (1909) Brewer none none N.Y. Cnty. Sur. Ct. affirmed Knop v. Monongahela River Consolidated Coal and Coke Company 485 (1909) Brewer none none C.C.E.D. La. dismissed Lemieux v. Young 489 (1909) White none none Conn. affirmed Miller v. New Orleans Acid and Fertilizer Company 496 (1909) White none none La. affirmed United States v. Biggs 507 (1909) White none none D. Colo. affirmed United States v. Sullenberger 522 (1909) White none none D. Colo. affirmed United States v. Freeman 525 (1909) White none none D. Colo. affirmed Rusch v. John Duncan Land and Mining Company 526 (1909) McKenna none none Mich. affirmed Reid v. United States 529 (1909) Holmes none none S.D.N.Y. dismissed McLean v. Arkansas 539 (1909) Day none none Ark. affirmed Hardaway v. National Surety Company 552 (1909) Day none none 6th Cir. affirmed Murphy v. John Hofman Company 562 (1909) Moody none none N.Y. reversed Page v. Rogers 575 (1909) Moody none none 6th Cir. reversed Green County v. Quinlan 582 (1909) Moody none Harlan 6th Cir. affirmed Green County v. Thomas' Executor 598 (1909) Moody none none 6th Cir. affirmed Southern Realty Investment Company v. Walker 603 (1909) Harlan none none C.C.S.D. Ga. affirmed El Paso and Southwestern Railroad Company v. Vizard 608 (1909) Brewer none none 5th Cir. affirmed Missouri Pacific Railroad Company v. Larabee Flour Mills Company 612 (1909) Brewer Holmes Moody Kan. affirmed Morgan v. Adams 627 (1909) McKenna none none D.C. Cir. dismissed

Notes and references

List of United States Supreme Court cases, volume 211

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