This is a list of cases reported in volume 247 of United States Reports, decided by the Supreme Court of the United States in 1918.

Justices of the Supreme Court at the time of volume 247 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 247 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)

Notable Case in 247 U.S. Hammer v. Dagenhart In Hammer v. Dagenhart, 247 U.S. 251 (1918), the Supreme Court struck down a federal law regulating child labor. During the Progressive Era, public sentiment in the United States turned against what was perceived as increasingly intolerable child labor conditions. In response, Congress passed the Keating–Owen Act, prohibiting the sale in interstate commerce of any merchandise that had been made either by children under the age of fourteen, or by children under sixteen who worked more than sixty hours per week. By a 5–4 majority, the Supreme Court struck down the Keating–Owen Act, holding that the Commerce Clause did not give Congress the power to regulate working conditions. In a dissenting opinion, Justice Oliver Wendell Holmes Jr., joined by three other justices, argued that goods manufactured in one state and sold in other states were, by definition, interstate commerce, and so Congress should have power to regulate the manufacturing of those goods. In 1941 Hammer v. Dagenhart was overruled by the Court in United States v. Darby Lumber Co.

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 247 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition of case Shepard v. Barkley 1 (1918) White none none 8th Cir. affirmed Cox v. Wood 3 (1918) White none none D. Kan.affirmed Perlman v. United States 7 (1918) McKenna none none S.D.N.Y.affirmed Gasquet v. Fenner 16 (1918) Holmes none none E.D. La.affirmed Ex parte Southwestern Surety Insurance Company 19 (1918) White none none W.D.N.C.prohibition denied York Manufacturing Company v. Colley 21 (1918) White none none Tex. Civ. App.reversed Ex parte Abdu 27 (1918) White none Brandeis not indicatedmandamus denied United States v. United Shoe Machinery Company of New Jersey 32 (1918) McKenna none Day; Clarke D. Mass.affirmed McGinis v. California I 91 (1918) McKenna none none Cal. Super. Ct.reversed McGinis v. California II 95 (1918) McKenna none none Cal. Super. Ct.reversed Erie Railroad Company v. Hilt 97 (1918) Holmes none none 3d Cir.reversed Carney v. Chapman 102 (1918) Holmes none none Okla.affirmed Western Union Telegraph Company v. Foster 105 (1918) Holmes none none multiplereversed United States v. Biwabik Mining Company 116 (1918) Day none none 6th Cir.reversed Goldfield Consolidated Mines Company v. Scott 126 (1918) Day none none 9th Cir. certification Northwestern Mutual Life Insurance Company v. Wisconsin 132 (1918) Day none none Wis.affirmed Marin v. Augedahl 142 (1918) VanDevanter none Clarke N.D. Dist.reversed Peck and Company v. Lowe 165 (1918) VanDevanter none none S.D.N.Y.affirmed United States v. Ferguson 175 (1918) VanDevanter none none 8th Cir.affirmed Doyle v. Mitchell Brothers Company 179 (1918) Pitney none none 6th Cir.affirmed Hays v. Gauley Mountain Coal Company 189 (1918) Pitney none none 4th Cir.reversed United States v. Cleveland, Cincinnati, Chicago and St. Louis Railway Company 195 (1918) Pitney none none 6th Cir.affirmed Chicago and Alton Railroad Company v. United States 197 (1918) McReynolds none none 7th Cir.affirmed Louisville and Nashville Railroad Company v. Rice 201 (1918) McReynolds none none E.D. La.reversed Union Pacific Railroad Company v. Laughlin 204 (1918) Brandeis none none Mo. Ct. App.dismissed Friederichsen v. Renard 207 (1918) Clarke none none 8th Cir.reversed Looney v. Eastern Texas Railroad Company 214 (1918) Clarke none none W.D. Tex.dismissed Lynch v. Turrish 221 (1918) McKenna none none 8th Cir.affirmed Ex parte Simons 231 (1918) Holmes none none S.D.N.Y.mandamus granted Alice State Bank v. Houston Pasture Company 240 (1918) Holmes none none 5th Cir.reversed Minnesota v. Lane 243 (1918) Day none none originaldismissed Hammer v. Dagenhart 251 (1918) Day none Holmes W.D.N.C.affirmed Union Pacific Railroad Company v. Weld County 282 (1918) VanDevanter none none 8th Cir.dismissed Jefferson v. Fink 288 (1918) VanDevanter none none Okla.affirmed Hartranft v. Mullowny 295 (1918) Pitney none none D.C. Cir.dismissed San Pedro, Los Angeles and Salt Lake Railroad Company v. United States 307 (1918) Pitney none none 9th Cir.dismissed United States v. St. Paul, Minneapolis and Manitoba Railway Company 310 (1918) Pitney none none 9th Cir.reversed United States Glue Company v. Town of Oak Creek 321 (1918) Pitney none none Wis. Cir.affirmed Southern Pacific Company v. Lowe 330 (1918) Pitney none none S.D.N.Y.reversed Lynch v. Hornby 339 (1918) Pitney none none 8th Cir.reversed Peabody v. Eisner 347 (1918) Pitney none none S.D.N.Y.affirmed Sunday Lake Iron Company v. Wakefield Township 350 (1918) McReynolds none none Mich.affirmed McCoy v. Union Elevated Railroad Company 354 (1918) McReynolds none none Ill.affirmed New Orleans and Northeastern Railroad Company v. Harris 367 (1918) McReynolds none none Miss.reversed Chelentis v. Luckenbach Steamship Company, Inc. 372 (1918) McReynolds none none 2d Cir.affirmed Philippine Sugar Estates Development Company, Ltd. v. Government of the Philippine Islands 385 (1918) Brandeis none none Phil.reversed Supreme Council of The Royal Arcanum v. Behrend 394 (1918) Brandeis none none D.C. Cir.reversed Toledo Newspaper Company v. United States 402 (1918) White none Holmes 6th Cir.affirmed Grinnell Washing Machine Company v. E.E. Johnson Company 426 (1918) Day none none 7th Cir.affirmed Exploration Company, Ltd. v. United States 435 (1918) Day none none 8th Cir.affirmed Jim Butler Tonopah Mining Company v. West End Consolidated Mining Company 450 (1918) VanDevanter none none Nev.affirmed Arkansas v. Tennessee 461 (1918) Pitney none none originalcontinued Postal Telegraph Cable Company v. City of Newport 464 (1918) Pitney none none Ky.reversed Northern Pacific Railroad Company v. Solum 477 (1918) Brandeis none none Minn. multiple Aikins v. Kingsbury 484 (1918) Clarke none none Cal.affirmed Chicago, Milwaukee and St. Paul Railway Company v. Minneapolis Civic and Commerce Association 490 (1918) Clarke none none Minn.affirmed

Notes and references

External links Case reports in volume 247 from Library of Congress Case reports in volume 247 from Court Listener Case reports in volume 247 from the Caselaw Access Project of Harvard Law School Case reports in volume 247 from Google Scholar Case reports in volume 247 from Justia Case reports in volume 247 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