This is a list of cases reported in volume 168 of United States Reports, decided by the Supreme Court of the United States in 1897 and 1898.
Justices of the Supreme Court at the time of volume 168 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 168 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 168 U.S.
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Southern P.R.R. Co. v. United States 1 (1897) Harlan none none 9th Cir. affirmed Bergere v. United States 66 (1897) Peckham none none Ct. Priv. Land Cl. reversed Alaska T.G.M. Co. v. Whelan 86 (1897) Gray none none 9th Cir. reversed Turner v. New York 90 (1897) Gray none none N.Y. affirmed United States v. Goldenberg 95 (1897) Brewer none none 2d Cir. certification Compania de Navigacion v. Brauer 104 (1897) Gray none none 2d Cir. affirmed Craemer v. Washington 124 (1897) Fuller none none C.C.D. Wash. affirmed Miller v. Cornwall R.R. Co. 131 (1897) Fuller none none Pa. dismissed Fletcher v. Baltimore & P.R.R. Co. 135 (1897) Peckham none none D.C. Cir. reversed ICC v. Alabama M. Ry. Co. 144 (1897) Shiras none Harlan 5th Cir. affirmed Chaves v. United States 177 (1897) Fuller none none Ct. Priv. Land Cl. affirmed Zia Pueblo v. United States 198 (1897) Brown none none Ct. Priv. Land Cl. affirmed Crespin v. United States 208 (1897) Brown none none Ct. Priv. Land Cl. affirmed Roff v. Burney 218 (1897) Brewer none none U.S. Ct. Ind. Terr. reversed City of Ogden v. Armstrong 224 (1897) Shiras none none Sup. Ct. Terr. Utah multiple Dennison v. United States 241 (1897) Brown none none Ct. Cl. affirmed Underhill v. Hernandez 250 (1897) Fuller none none 2d Cir. affirmed Pratt v. Paris G.L. & C. Co. 255 (1897) Brown none none Ill. affirmed Hodgson v. Vermont 262 (1897) Shiras none none Vt. affirmed United States v. Wilson 273 (1897) Peckham none none Ct. Cl. reversed Holtzman v. Douglas 278 (1897) Peckham none none D.C. Cir. affirmed O'Brien v. Miller 287 (1897) White none none 2d Cir. reversed Harrison v. Perea 311 (1897) Peckham none none Sup. Ct. Terr. N.M. reversed Karrick v. Hannaman 328 (1897) Gray none none Sup. Ct. Terr. Utah affirmed Warner v. Baltimore & O.R.R. Co. 339 (1897) White none none D.C. Cir. reversed St. Anthony F.W.P. Co. v. St. Paul W. Comm'rs 349 (1897) Peckham none none Minn. affirmed United States v. Crosthwaite 375 (1897) Harlan none none Ct. Cl. reversed Williams v. United States 382 (1897) Harlan none none N.D. Cal. reversed Nobles v. Georgia 398 (1897) White none none Ga. affirmed The Victory 410 (1897) Fuller none none 4th Cir. reversed Muse v. Arlington H. Co. 430 (1897) Fuller none none C.C.E.D. Ark. dismissed The Resolute 437 (1897) Brown none none C.C.D. Or. affirmed The William M. Hoag 443 (1897) Brown none none C.C.D. Or. affirmed Stewart v. Baltimore & O.R.R. Co. 445 (1897) Brewer none none D.C. Cir. reversed Thompson v. Maxwell L.G. & Ry. Co. 451 (1897) Brewer none none Sup. Ct. Terr. N.M. affirmed Hyer v. Richmond T. Co. 471 (1897) Brewer Harlan Brown 4th Cir. decree modified Douglas v. Kentucky 488 (1897) Harlan none none Ky. affirmed United States v. Union P. Ry. Co. 505 (1897) Fuller none none 8th Cir. dismissed Springer L. Ass'n v. Ford 513 (1897) Fuller none none Sup. Ct. Terr. N.M. affirmed Bram v. United States 532 (1897) White none Brewer C.C.D. Mass. reversed Adams v. Henderson 573 (1897) Harlan none none Sup. Ct. Terr. Utah affirmed In re Tampa S.R.R. Co. 583 (1897) Fuller none none C.C.S.D. Fla. certiorari denied Michigan L. & L. Co. v. Rust 589 (1897) Brewer none none 6th Cir. affirmed Northern P.R.R. Co. v. Musser S.L.L. & M. Co. 604 (1897) Brewer none none 7th Cir. affirmed Wilson v. Lambert 611 (1897) Shiras none none D.C. Cir. reversed Shepard v. Adams 618 (1897) Shiras none none C.C.D. Colo. affirmed Highland A. & B.R.R. Co. v. Columbian E. Co. 627 (1897) Brewer none none 5th Cir. certification Hall v. United States 632 (1897) Peckham none none C.C.S.D.N.Y. affirmed Crossley v. California 640 (1897) Fuller none none C.C.N.D. Cal. affirmed Conde v. York 642 (1897) Fuller none none N.Y. Sup. Ct. dismissed McHenry v. Alford 651 (1898) Peckham none none 8th Cir. certification Castillo v. McConnico 674 (1898) White none none La. dismissed Penn M.L. Ins. Co. v. City of Austin 685 (1898) White none none C.C.W.D. Tex. affirmed
Notes and references
See also Certificate of division
External links Case reports in volume 168 from Library of Congress Case reports in volume 168 from Court Listener Case reports in volume 168 from the Caselaw Access Project of Harvard Law School Case reports in volume 168 from Google Scholar Case reports in volume 168 from Justia Case reports in volume 168 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