This is a list of cases reported in volume 191 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 191 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 191 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) 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) William R. Day Associate Justice Ohio George Shiras Jr. (Acclamation) –November 13, 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.

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 191 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition The Southwark 1 (1903) Day none none 3d Cir. reversed The Robert W. Parsons17 (1903) Brown none Brewer N.Y. Sup. Ct. reversed Wright v. Morgan 55 (1903) Holmes none none 8th Cir. affirmed Ross v. Aguirre 60 (1903) McKenna none none C.C.N.D. Cal. affirmed Choctaw, Oklahoma and Gulf Railroad Company v. McDade 64 (1903) Day none none 6th Cir. affirmed Hubbert v. Campbellsville Lumber Company 70 (1903) Brewer none none 6th Cir. affirmed Kinney v. Columbia Savings and Loan Association 78 (1903) Brewer none none C.C.D. Utah affirmed United States v. Denver and Rio Grand Railroad Company 84 (1903) Brown none none Sup. Ct. Terr. N.M. reversed Ex parte Joins 93 (1903) Holmes none none C. and C. C'ship Ct. prohibition denied Ex parte Blake 102 (1903) per curiam none none C. and C. C'ship Ct. prohibition denied Eckington and Soldiers' Home Railway Company v. McDevitt 103 (1903) Fuller none none D.C. Cir. reversed Holden v. Stratton 115 (1903) Fuller none none 9th Cir. dismissed Continental National Bank of Memphis v. Buford 119 (1903) Harlan none none 8th Cir. dismissed Howard v. Fleming 126 (1903) Brewer none none multiple multiple Smith v. Indiana 138 (1903) Brown none none Ind. dismissed City of Joplin v. Southwest Missouri Light Company 150 (1903) McKenna none none C.C.W.D. Mo. reversed St. Louis Hay and Grain Company v. United States 159 (1903) Holmes none none Ct. Cl. affirmed Missouri v. Dockery 165 (1903) Holmes none none Mo. affirmed Allen v. Pullman's Palace Car Company 171 (1903) Day none none C.C.M.D. Tenn. affirmed Defiance Water Company v. City of Defiance 184 (1903) Fuller none none C.C.N.D. Ohio reversed Warner v. Searle and Hereth Company 195 (1903) Fuller none none 7th Cir. affirmed Atkin v. Kansas 207 (1903) Harlan none none Kan. affirmed Louisville Trust Company v. Knott 225 (1903) Harlan none none C.C.W.D. Ky. dismissed Gertgens v. O'Connor 237 (1903) Brewer none none Minn. affirmed Mosheuvel v. District of Columbia 247 (1903) White none none D.C. Cir. reversed McLoughlin v. Raphael Tuck and Sons Company 267 (1903) White none none 2d Cir. affirmed People's National Bank v. Marye 272 (1903) Peckham none none C.C.E.D. Va. affirmed Cable v. United States Life Insurance Company 288 (1903) Peckham none none 7th Cir. reversed Hibben v. Smith 310 (1903) Peckham none none Ind. affirmed Choctaw, Oklahoma and Gulf Railroad Company v. Tennessee 326 (1903) Peckham none none 8th Cir. affirmed Choctaw, Oklahoma and Gulf Railroad Company v. Holloway 334 (1903) Peckham none none 8th Cir. affirmed Sharp v. United States 341 (1903) Peckham none none 3d Cir. affirmed City of Owensboro v. Owensboro Waterworks Company 358 (1903) McKenna none none C.C.W.D. Ky. reversed Anglo-American Provision Company v. Davis Provision Company I 373 (1903) Holmes none none N.Y. affirmed Anglo-American Provision Company v. Davis Provision Company II 376 (1903) Holmes none none C.C.S.D.N.Y. dismissed Wisconsin and Michigan Railway Company v. Powers 379 (1903) Holmes none none C.C.E.D. Mich. affirmed Louisiana State Board of Assessors v. Comptoir national d'escompte de Paris 388 (1903) Day none none C.C.E.D. La. reversed Arbuckle v. Blackburn 405 (1903) Fuller none none 6th Cir. dismissed Guaranty Company v. Pressed Brick Company 416 (1903) Brown none none 8th Cir. certification French Republic v. Saratoga Vichy Spring Co. 427 (1903) Brown none none 2d Cir. affirmed - style="background: white" colspan=7 A foreign government cannot invoke the rule of nullum tempus to answer a defense of laches, where the government's interest is merely nominal; A geographic mark that has become generic and is not used in a misleading manner by subsequent parties will not support injunction. Norfolk and Western Railway Company v. Sims 441 (1903) Brown none none N.C. reversed Schuyler National Bank v. Gadsden 451 (1903) White none Brown Neb. reversed Baltimore and Potomac Railroad Company v. Landrigan 461 (1903) McKenna none none D.C. Cir. affirmed Pennsylvania Railroad Company v. Hughes 477 (1903) Day none none Pa. affirmed Beasley v. Texas Pacific Railroad Company 492 (1903) Holmes none none 5th Cir. affirmed Deposit Bank v. City of Frankfort 499 (1903) Day none Fuller Ky. reversed Spencer v. Duplan Silk Company 526 (1903) Fuller none none 3d Cir. dismissed Toltec Ranch Company v. Cook 532 (1903) McKenna none none Utah affirmed Toltec Ranch Company v. Babcock 542 (1903) McKenna none none Utah affirmed White v. United States 545 (1903) Day none none Ct. Cl. affirmed Northern Securities Company v. United States 555 (1903) Fuller none none C.C.D. Minn. amicus filing denied

Notes and references

See also Certificate of division

External links Case reports in volume 191 from Library of Congress Case reports in volume 191 from Court Listener Case reports in volume 191 from the Caselaw Access Project of Harvard Law School Case reports in volume 191 from Google Scholar Case reports in volume 191 from Justia Case reports in volume 191 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