This is a list of cases reported in volume 164 of United States Reports, decided by the Supreme Court of the United States in 1896.

Justices of the Supreme Court at the time of volume 164 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 164 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) Stephen Johnson Field Associate Justice California newly created seat (Acclamation)–December 1, 1897(Retired) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) Horace Gray Associate Justice Massachusetts Nathan Clifford (51–5) –September 15, 1902(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died) Henry Billings Brown Associate Justice Michigan Samuel Freeman Miller (Acclamation) –May 28, 1906(Retired) George Shiras Jr. Associate Justice Pennsylvania Joseph P. Bradley (Acclamation) –February 23, 1903(Retired) 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)

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 164 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Bear Lake et al. Co. v. Garland1 (1896) Peckham none none Sup. Ct. Terr. Utah affirmed American R.M. Co. v. Pennock & S. Co.26 (1896) Fuller none none C.C.E.D. Pa. affirmed United States v. Gilliat42 (1896) Peckham none none Ct. Cl. dismissed United States v. Hewecker46 (1896) Fuller none none C.C.S.D.N.Y. dismissed United States v. Kurtz49 (1896) Brown none none Ct. Cl. reversed Saltonstall v. Birtwell54 (1896) Shiras none Fuller 1st Cir. affirmed McElroy v. United States76 (1896) Fuller none none C.C.W.D. Ark. reversed United States v. McMahon81 (1896) Brown none none 2d Cir. reversed Parsons v. Venzke89 (1896) Brewer none none N.D. Dist. Ct. affirmed Central P.R.R. Co. v. United States93 (1896) Peckham none none Ct. Cl. affirmed White v. United States100 (1896) Peckham none none C.C.N.D. Ala. affirmed Press Pub. Co. v. Monroe105 (1896) Gray none none 2d Cir. dismissed Fallbrook I. Dist. v. Bradley112 (1896) Peckham none none C.C.S.D. Cal. reversed Tregea v. Modesto I. Dist.179 (1896) Brewer none Harlan Cal. dismissed Wisconsin C.R.R. Co. v. United States190 (1896) Fuller none none Ct. Cl. affirmed United States v. Verdier213 (1896) Brown none none Ct. Cl. reversed Brown v. United States221 (1896) Gray none Brewer C.C.W.D. Ark. reversed Prairie S. Nat'l Bank v. United States227 (1896) White none none Ct. Cl. affirmed Draper v. United States240 (1896) White none none C.C.D. Mont. reversed Wilson v. Kiesel248 (1896) Fuller none none Sup. Ct. Terr. Utah dismissed Fowler v. Lamson252 (1896) Peckham none none Ill. dismissed Lalone v. United States255 (1896) Peckham none none C.C.E.D. Wis. reversed Old Jordan et al. Co. v. Société Anonyme261 (1896) Brown none none Sup. Ct. Terr. Utah affirmed Wabash W. Ry. v. Brow271 (1896) Fuller none none 6th Cir. reversed National A. Soc'y v. Spiro281 (1896) Fuller none none 6th Cir. certification United States v. Delaney282 (1896) Peckham none none Ct. Cl. affirmed McKee v. United States287 (1896) Peckham none none Ct. Cl. affirmed Glover v. United States294 (1896) White none none Ct. Cl. affirmed Coughran v. Bigelow301 (1896) Shiras none none Sup. Ct. Terr. Utah affirmed Cake v. Mohun311 (1896) Brown none none D.C. Cir. affirmed Citizens' Bank v. Cannon319 (1896) Shiras none none C.C.W.D. La. reversed Carothers v. Mayer325 (1896) Brown none none Mont. dismissed Central et al. Co. v. Wright327 (1896) Brown none none C.C.S.D. Ga. affirmed Gonzales v. French338 (1896) Shiras none none Sup. Ct. Terr. Ariz. affirmed McClellan v. Chipman T. Nat'l Bank347 (1896) White none none Mass. Super. Ct. affirmed Edgington v. United States361 (1896) Shiras none none C.C.S.D. Iowa reversed Noble v. Mitchell367 (1896) White none none Ala. affirmed United States v. Elliott373 (1896) Shiras none none Ct. Cl. affirmed Stone v. United States380 (1896) Brewer none none Ct. Cl. affirmed Northern P.R.R. Co. v. Colburn383 (1896) Brewer none none Mont. reversed Acers v. United States388 (1896) Brewer none none W.D. Ark. affirmed Atlantic & P. Ry. Co. v. Laird393 (1896) White none none 9th Cir. affirmed Missouri P. Ry. Co. v. Nebraska403 (1896) Gray none none Neb. reversed Warner v. Texas P. Ry. Co.418 (1896) Gray none none 5th Cir. reversed Chapman v. United States436 (1896) Fuller none none D.C. Cir. dismissed Perrine v. Slack452 (1896) Fuller none none D.C. Cir. dismissed Prather v. United States452 (1896) Fuller none none D.C. Cir. dismissed Chicago & N. Ry. Co. v. City of Chicago454 (1896) Harlan none none Ill. dismissed The Kate458 (1896) Harlan none none 2d Cir. affirmed New Orleans W.W. Co. v. City of New Orleans471 (1896) Harlan none none C.C.E.D. La. affirmed Grimes D.G. Co. v. Malcolm483 (1896) Harlan none none 8th Cir. affirmed Allen v. United States492 (1896) Brown none none C.C.W.D. Ark. affirmed Willard v. Wood502 (1896) Fuller none none D.C. Cir. affirmed United States v. Oregon & C.R.R. Co.526 (1896) Fuller none none 9th Cir. reversed Rowe v. United States546 (1896) Harlan none none C.C.W.D. Ark. reversed Rogers L.M.W. v. American E. Co.559 (1896) Harlan none none Iowa reversed Covington et al. Co. v. Sandford578 (1896) Harlan none none Ky. reversed Maish v. Arizona599 (1896) Brewer none none Sup. Ct. Terr. Ariz. affirmed Gonzales v. Cunningham612 (1896) Fuller none none Sup. Ct. Terr. N.M. affirmed Starr v. United States627 (1897) White none none C.C.W.D. Ark. reversed In re Atlantic City R.R. Co.633 (1897) Fuller none none C.C.E.D. Pa. mandamus denied Texas & P. Ry. Co. v. Bloom's Adm'r636 (1897) Shiras none none 5th Cir. affirmed Mills v. United States644 (1897) Peckham none none C.C.W.D. Ark. reversed Osborne v. Florida650 (1897) Peckham none none Fla. affirmed Nofire v. United States657 (1897) Brewer none none C.C.W.D. Ark. reversed Ford v. Delta & P.L. Co.662 (1897) Brewer none none C.C.S.D. Miss. affirmed France v. United States676 (1897) Peckham none none S.D. Ohio reversed Bushnell v. Leland684 (1897) White none none D. Conn. affirmed United States v. Northwestern et al. Co.686 (1897) White none none Ct. Cl. affirmed Ex parte Jones691 (1897) Brown none none 1st Cir. mandamus denied Carver v. United States694 (1897) Brown none none C.C.W.D. Ark. reversed

Notes and references

See also Certificate of division

External links Case reports in volume 164 from Library of Congress Case reports in volume 164 from Court Listener Case reports in volume 164 from the Caselaw Access Project of Harvard Law School Case reports in volume 164 from Google Scholar Case reports in volume 164 from Justia Case reports in volume 164 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