This is a list of cases reported in volume 188 of United States Reports, decided by the Supreme Court of the United States in 1903.

Justices of the Supreme Court at the time of volume 188 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 188 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) 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) 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)

Notable Case in 188 U.S. Bleistein v. Donaldson Lithographing Co. The Supreme Court in Bleistein v. Donaldson Lithographing Co., 188 U.S. 239 (1903), via an opinion written by Justice Oliver Wendell Holmes Jr., held that advertisements were protected by copyright. The case is now cited for the proposition that commercial speech can be protected by copyright.

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 188 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Kelley v. Rhoads 1 (1903) Brown none none Wyo. reversed Weber v. Rogan 10 (1903) Brown none none Tex. dismissed Andrews v. Andrews 14 (1903) White none none Mass. affirmed Earle v. Carson 42 (1903) White none none 3d Cir. affirmed Hale v. Allinson 56 (1903) Peckham none none Cir. affirmed Diamond M. Co. v. Village of Ontonagon 82 (1903) McKenna none none C.C.W.D. Mich. affirmed Billings v. Illinois 97 (1903) McKenna none none Ill. affirmed American C. Co. v. Continental C. Co. 104 (1903) Holmes none none C.C.N.D. Ill. reversed Nelson v. Northern P. Ry. Co. 108 (1903) Harlan none Brewer Wash. reversed Smythe v. United States 156 (1903) Harlan none Peckham 5th Cir. affirmed Beals v. Cone 184 (1903) Brewer none none Colo. dismissed Blackstone v. Miller 189 (1903) Holmes none none N.Y. Cnty. Sur. Ct. affirmed Connecticut M.L. Ins. Co. v. Hillmon 208 (1903) Brown none none 8th Cir. reversed Easton v. Iowa 220 (1903) Shiras none none Iowa reversed Bleistein v. Donaldson L. Co. 239 (1903) Holmes none Harlan 6th Cir. reversed The Manila Prize Cases254 (1903) Fuller none none Sup. Ct. D.C. multiple The Infanta Maria Teresa 283 (1903) Fuller none Brown Sup. Ct. D.C. reversed Mutual L. Ins. Co. v. McGrew 291 (1903) Fuller none none Cal. dismissed Hooker v. City of Los Angeles 314 (1903) Fuller none none Cal. dismissed Lottery Case 321 (1903) Harlan none Fuller C.C.N.D. Ill. affirmed Francis v. United States 375 (1903) Holmes none Harlan 6th Cir. reversed Louisville et al. Co. v. Kentucky I 385 (1903) Harlan none none Ky. reversed Louisville et al. Co. v. Kentucky II 399 (1903) Harlan none none Ky. reversed Bigby v. United States 400 (1903) Harlan none none C.C.E.D.N.Y. affirmed Cummings v. City of Chicago 410 (1903) Harlan none none C.C.N.D. Ill. affirmed Calumet G.E. Co. v. City of Chicago 431 (1903) Harlan none none C.C.N.D. Ill. affirmed United States v. Rickert 432 (1903) Harlan none none 8th Cir. certification United States v. Lynah 445 (1903) Brewer Brown White C.C.D.S.C. affirmed United States v. Williams 485 (1903) Brewer none none C.C.D.S.C. affirmed Clarke v. Larremore 486 (1903) Brewer none none 2d Cir. affirmed Williams v. Parker 491 (1903) Brewer none none Mass. affirmed Reetz v. Michigan 505 (1903) Brewer none none Mich. affirmed Leach v. Burr 510 (1903) Brewer none none D.C. Cir. affirmed Schaefer v. Werling 516 (1903) Brewer none none Ind. affirmed Tarrance v. Florida 519 (1903) Brewer none none Fla. affirmed Northern P. Ry. Co. v. Soderberg 526 (1903) Brown none none 9th Cir. affirmed Prout v. Starr 537 (1903) Shiras none none C.C.D. Neb. affirmed Gutierres v. Albuquerque L. & I. Co. 545 (1903) White none none Sup. Ct. Terr. N.M. affirmed Rankin v. Chase Nat'l Bank 557 (1903) White none none 2d Cir. reversed Commercial P. Co. v. Beckwith 567 (1903) White none none Sup. Ct. N.Y. affirmed United States v. Barringer 577 (1903) White none none Ct. Cl. reversed Waggoner v. Flack 595 (1903) Peckham none none Tex. Civ. App. affirmed Helwig v. United States 605 (1903) Peckham none none 2d Cir. certification Jaquith v. Rowley 620 (1903) Peckham none none D. Mass. affirmed American I. Co. v. Eastern T. & B. Co. 626 (1903) Peckham none none D.C. Cir. affirmed Boston et al. Co. v. Montana O.P. Co. 632 (1903) Peckham none none C.C.D. Mont. affirmed Winslow v. Baltimore & O.R.R. Co. 646 (1903) Peckham none none D.C. Cir. reversed Chicago T.S. v. Illinois 662 (1903) Peckham none White Ill. affirmed Indiana Mfg. Co. v. Koehne 681 (1903) Peckham none none C.C.D. Ind. affirmed Hyatt v. People ex rel. Corkran 691 (1903) Peckham none none N.Y. affirmed The Mangrove Prize Money 720 (1903) Holmes none none S.D. Fla. affirmed Home L. Ins. Co. v. Fisher 726 (1903) Holmes none none C.C.N.D. Fla. affirmed Kidd v. Alabama 730 (1903) Holmes none none Ala. affirmed Fourth Nat'l Bank v. Albaugh 734 (1903) Holmes none none 8th Cir. affirmed

Notes and references

See also Certificate of division

External links Case reports in volume 188 from Library of Congress Case reports in volume 188 from Court Listener Case reports in volume 188 from the Caselaw Access Project of Harvard Law School Case reports in volume 188 from Google Scholar Case reports in volume 188 from Justia Case reports in volume 188 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