This is a list of cases reported in volume 243 of United States Reports, decided by the Supreme Court of the United States in 1917.
Justices of the Supreme Court at the time of volume 243 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 243 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) Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) (Acclamation) –June 2, 1937(Retired) Mahlon Pitney Associate Justice New Jersey John Marshall Harlan (50–26) –December 31, 1922(Resigned) 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) John Hessin Clarke Associate Justice Ohio Charles Evans Hughes (Acclamation) –September 18, 1922(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. 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 243 U.S.
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Tyrrell v. District of Columbia 1 (1917) White none none D.C. Cir. dismissed Wellsville Oil Company v. Miller 6 (1917) White none none Okla. affirmed Bond v. Hume 15 (1917) White none none 5th Cir. certification Union National Bank v. McBoyle 26 (1917) White none none Cal. dismissed Bowersock v. Smith 29 (1917) White none none Kan. affirmed McCluskey v. Marysville and Northern Railway Company 36 (1917) White none none 9th Cir. affirmed Bay v. Merrill and Ring Logging Company 40 (1917) White none none 9th Cir. affirmed Raymond v. Chicago, Milwaukee and St. Paul Railway Company 43 (1917) White none none 9th Cir. affirmed In re Selling 46 (1917) White none none Mich. continued New Mexico v. Lane 52 (1917) McKenna none none original dismissed Donohue v. Vosper 59 (1917) McKenna none none Mich. affirmed Thomsen v. Cayser 66 (1917) McKenna none none 2d Cir. reversed McDonald v. Mabee 90 (1917) Holmes none none] Tex. reversed Pennsylvania Fire Insurance Company v. Gold Issue Mining and Milling Company 93 (1917) Holmes none none Mo. affirmed Five Per Cent Discount Cases 97 (1917) Holmes none none Ct. Cust. App. reversed Gannon v. Johnston 108 (1917) Day none none Okla. affirmed Baker v. Schofield 114 (1917) Day none none 9th Cir. affirmed William R. Staats Company v. Security Trust and Savings Bank 121 (1917) Day none none 9th Cir. dismissed The Steamship Appam 124 (1917) Day none none E.D. Va. affirmed Enterprise Irrigation District v. Farmers Mutual Canal Company 157 (1917) VanDevanter none none Neb. dismissed City of Owensboro v. Owensboro Water Works Company 166 (1917) VanDevanter none Clarke; Day W.D. Ky. affirmed New York Central Railroad Company v. White 188 (1917) Pitney none none N.Y. affirmed Hawkins v. Bleakly210 (1917) Pitney none none S.D. Iowa affirmed Mountain Timber Company v. Washington 219 (1917) Pitney none none Wash. affirmed Horn v. Mitchell 247 (1917) Pitney none none 1st Cir. dismissed Grays Harbor Logging Company v. Coats-Fordney Logging Company 251 (1917) Pitney none none Wash. dismissed Rome Railway and Light Company v. Floyd County 257 (1917) McReynolds none none N.D. Ga. affirmed Philadelphia and Reading Railroad Company v. McKibbin 264 (1917) Brandeis none none S.D.N.Y. reversed Pennington v. Fourth National Bank 269 (1917) Brandeis none none Ohio affirmed Pease v. Rathbun-Jones Engineering Company 273 (1917) Brandeis none none 5th Cir. affirmed Swift and Company v. Hocking Valley Railway Company 281 (1917) Brandeis none none Ohio affirmed Lie v. San Francisco and Portland Steamship Company 291 (1917) Clarke none none 9th Cir. affirmed Memphis Street Railway Company v. Moore 299 (1917) Clarke none none 6th Cir. affirmed McAllister v. Chesapeake and Ohio Railway Company 302 (1917) Clarke none none E.D. Ky. reversed St. Joseph and Grand Island Railway Company v. Moore 311 (1917) Clarke none none Mo. affirmed United States v. Cress 316 (1917) Pitney none none E.D. Ky. affirmed Wilson v. New 332 (1917) White McKenna Day; Pitney; McReynolds W.D. Mo. reversed Utah Power and Light Company v. United States 389 (1917) VanDevanter none none D. Utah affirmed Lehigh Valley Railroad Company v. United States 412 (1917) Holmes none none E.D. Pa. affirmed California v. Deseret Water, Oil and Irrigation Company 415 (1917) Day none none Cal. reversed Chicago and Alton Railroad Company v. McWhirt 422 (1917) VanDevanter none none Mo. affirmed Bunting v. Oregon 426 (1917) McKenna none none Or. affirmed United States v. Kenofskey 440 (1917) McKenna none none E.D. La. reversed Lehigh Valley Railroad Company v. United States 444 (1917) Holmes none none S.D.N.Y. affirmed Pullman Company v. Knott 447 (1917) Day none none Fla. dismissed United States v. Waller 452 (1917) Day none none 8th Cir. certification United States v. Rowell 464 (1917) VanDevanter none none W.D. Okla. reversed United States v. Ginsberg 472 (1917) McReynolds none none 8th Cir. certification United States v. Gradwell 476 (1917) Clarke none none multiple affirmed Straus v. Victor Talking Machine Company 490 (1917) Clarke none none 2d Cir. reversed Motion Picture Patents Company v. Universal Film Manufacturing Company 502 (1917) Clarke none Holmes 2d Cir. affirmed Marshall v. Gordon 521 (1917) White none none S.D.N.Y. reversed Oregon and California Railroad Company v. United States 549 (1917) McKenna none none 9th Cir. affirmed Hendersonville Light and Power Company v. Blue Ridge Interurban Railway Company 563 (1917) Holmes none none N.C. affirmed United States v. Davis 570 (1917) Holmes none none D. Haw. reversed Seaboard Air Line Railroad Company v. Lorick 572 (1917) Brandeis none none S.C. affirmed Pennsylvania Railroad Company v. Olivit Brothers 574 (1917) McKenna none none N.J. Sup. Ct. affirmed Pennsylvania Railroad Company v. Carr 587 (1917) McKenna none none N.J. Sup. Ct. affirmed Lott v. Pittman 588 (1917) McKenna none none S.D. Ga. affirmed St. Louis, Iron Mountain and Southern Railway Company v. Starbird 592 (1917) Day none none Ark. multiple United States v. Morehead 607 (1917) Brandeis none none D. Mont. reversed Louisville and Nashville Railroad Company v. Layton 617 (1917) Clarke none none Ga. affirmed
Notes and references
External links Case reports in volume 243 from Library of Congress Case reports in volume 243 from Court Listener Case reports in volume 243 from the Caselaw Access Project of Harvard Law School Case reports in volume 243 from Google Scholar Case reports in volume 243 from Justia Case reports in volume 243 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