This is a list of cases reported in volume 213 of United States Reports, decided by the Supreme Court of the United States in 1909.

Justices of the Supreme Court at the time of volume 213 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 213 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)

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 213 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Atchison et al. Co. v. Calhoun 1 (1909) Moody none none Sup. Ct. Terr. Okla. reversed Davidson Bros. M. Co. v. United States ex rel. Gibson 10 (1909) Moody none none C.C.N.D. Cal. reversed Martinez v. La Asociacion 20 (1909) Moody none none D.P.R. reversed Equitable L.A. Soc'y v. Brown 25 (1909) Peckham none none 2d Cir. reversed Western Union T. Co. v. Wilson 52 (1909) Holmes none none Va. Corp. Ct. dismissed Atchison et al. Ry. Co. v. Sowers 55 (1909) Day none Holmes Tex. Civ. App. affirmed Mammoth M. Co. v. Grand C.M. Co. 72 (1909) Holmes none none Utah dismissed Missouri v. Kansas 78 (1909) Holmes none none original decree for Kan. Bonner v. Gorman 86 (1909) Fuller none none Ark. dismissed United States v. Dickinson 92 (1909) Fuller none none 1st Cir. dismissed Hepner v. United States 103 (1909) Harlan none none 2d Cir. certification United States v. Mason 115 (1909) Harlan none none D. Colo. affirmed Hurley v. Atchison et al. Ry. Co. 126 (1909) Brewer none none 8th Cir. affirmed Keerl v. Montana 135 (1909) Brewer none none Mont. affirmed Keller v. United States 138 (1909) Brewer none Holmes N.D. Ill. reversed Murray v. Wilson D. Co. 151 (1909) White none none 4th Cir. reversed Murray v. South Carolina ex rel. Ray 174 (1909) White none none S.C. affirmed Siler v. Louisville & N.R.R. Co. 175 (1909) Peckham none none C.C.E.D. Ky. affirmed Siler v. Illinois C.R.R. Co. 199 (1909) Peckham none none C.C.E.D. Ky. affirmed Selliger v. Kentucky 200 (1909) Holmes none none Ky. App. reversed Chesapeake & O.R.R. Co. v. McCabe 207 (1909) Day none none Ky. App. reversed Coder v. Arts 223 (1909) Day none none 8th Cir. affirmed Commercial M.A. Co. v. Davis 245 (1909) Day none none C.C.W.D. Mo. affirmed Turner v. American S. & T. Co. 257 (1909) Moody none none D.C. Cir. affirmed Maiorano v. Baltimore & O.R.R. Co. 268 (1909) Moody none none Pa. affirmed Boise et al. Co. v. City of Boise City 276 (1909) Moody none none C.C.D. Idaho affirmed MacFadden v. United States 288 (1909) Moody none none 3d Cir. dismissed United States v. Evans 297 (1909) Fuller none none D.C. Cir. certiorari quashed Leeds & C. Co. v. Victor T.M. Co. I 301 (1909) McKenna none none 2d Cir. affirmed Leeds & C. Co. v. Victor T.M. Co. II 325 (1909) McKenna none none 2d Cir. affirmed Van Gieson v. Maile 338 (1909) Holmes none none not indicated affirmed Boquillas L. & C. Co. v. Curtis 339 (1909) Holmes none none Sup. Ct. Terr. Ariz. affirmed American B. Co. v. United F. Co. 347 (1909) Holmes none none 2d Cir. affirmed Sand F. Corp. v. Cowardin 360 (1909) Day none none D.C. Cir. affirmed United States ex rel. Att’y Gen. v. Delaware & H. Co. 366 (1909) White none Harlan C.C.E.D. Pa. reversed Strong v. Repide 419 (1909) Peckham none none Phil. reversed Delaware & H. Co. v. Albany & S.R.R. Co. 435 (1909) McKenna none none 2d Cir. certification Manson v. Williams 453 (1909) Holmes none none 1st Cir. affirmed In re Winn 458 (1909) Moody none none C.C.S.D. Iowa mandamus granted

Notes and references

See also Certificate of division

External links Case reports in volume 213 from Library of Congress Case reports in volume 213 from Court Listener Case reports in volume 213 from the Caselaw Access Project of Harvard Law School Case reports in volume 213 from Google Scholar Case reports in volume 213 from Justia Case reports in volume 213 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