This is a list of cases reported in volume 193 of United States Reports, decided by the Supreme Court of the United States in 1904.
Justices of the Supreme Court at the time of volume 193 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 193 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)
Notable Case in 193 U.S.
Northern Securities Company v. United States Northern Securities Company v. United States, 193 U.S. 197 (1904), is a landmark antitrust decision of the Supreme Court. The Court ruled 5 to 4 against the stockholders of the Great Northern and Northern Pacific railroad companies, who had formed a monopoly under the Northern Securities Company. The public had become greatly alarmed by Northern Securities, which threatened to become the largest company in the world and to corner the railroad traffic in the western United States. The Court's decision was a blow to monopolist James J. Hill, who had helped engineer the formation of Northern Securities, and was a victory for President Theodore Roosevelt's trust-busting activities under the Sherman Antitrust Act. The dissenting opinion of Justice Oliver Wendell Holmes Jr. included the famous passage: "Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment."
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 193 U.S.
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition United States v. Northern Pacific Railroad Company 1 (1904) Fuller none none 9th Cir. affirmed Carstairs v. Cochran 10 (1904) Brewer none none Md. affirmed Grand Rapids and Indiana Railroad Company v. Osborn 17 (1904) White none none Mich. affirmed Cincinnati Street Railway Company v. Snell 30 (1904) White none none Ohio affirmed Montague Company v. Lowry 38 (1904) Peckham none none 9th Cir. affirmed American Book Company v. Kansas ex rel. Nichols 49 (1904) McKenna none none Kan. dismissed Minneapolis and St. Louis Railway Company v. Minnesota 53 (1904) McKenna none none Minn. affirmed Ah How v. United States 65 (1904) Holmes none none E.D.N.Y. affirmed Leigh v. Green 79 (1904) Day none none Neb. affirmed Julian v. Central Trust Company 93 (1904) Day none none 4th Cir. affirmed United States v. Choctaw Nation 115 (1904) McKenna none none Ct. Cl. affirmed Delaware Indians v. Cherokee Nation 127 (1904) Day none none Ct. Cl. affirmed Giles v. Teasley 146 (1904) Day none none Ala. dismissed Security Land Exploration Company v. Burns 167 (1904) Peckham none none Minn. affirmed Security Land Exploration Company v. Weckey 188 (1904) Peckham none none Minn. affirmed Winous Point Shooting Club v. Caspersen 189 (1904) Fuller none none Ohio dismissed Hodges v. Colcord 192 (1904) Brewer none none Sup. Ct. Terr. Okla. affirmed Northern Securities Company v. United States 197 (1904) Harlan (plurality) Brewer White; Holmes C.C.D. Minn. affirmed Eaton v. Brown 411 (1904) Holmes none none D.C. Cir. reversed Underground Railroad v. City of New York 416 (1904) Fuller none none C.C.S.D.N.Y. affirmed Barney v. City of New York 430 (1904) Fuller none none C.C.S.D.N.Y. affirmed Huntington v. City of New York 441 (1904) Fuller none none C.C.S.D.N.Y. affirmed Boering v. Chesapeake Beach Railway Company 442 (1904) Brewer none none D.C. Cir. affirmed Gagnon v. United States 451 (1904) Brown none none Ct. Cl. affirmed Tinker v. Colwell 473 (1904) Peckham none none N.Y. Sup. Ct. affirmed Fargo v. Hart 490 (1904) Holmes none none C.C.D. Ind. reversed Rippey v. Texas 504 (1904) Holmes none none Tex. Crim. App. affirmed Adams v. Church 510 (1904) Day none none Or. Cir. Ct. affirmed Tom Hong v. United States 517 (1904) Day none none E.D.N.Y. reversed Bache v. Hunt 523 (1904) Fuller none none C.C.N.D. Ohio dismissed Yaple v. Dahl-Millikan Grocery Company 526 (1904) Fuller none none 6th Cir. certification United States v. Jones 528 (1904) Fuller none none Ct. Cl. affirmed Great Southern Fire Proof Hotel Company v. Jones 532 (1904) Harlan none none 6th Cir. affirmed Mutual Life Insurance Company v. Hill 551 (1904) Brewer none none 9th Cir. reversed Newburyport Water Company v. City of Newburyport 561 (1904) White none none C.C.D. Mass. reversed Gloucester Water Supply Company v. City of Gloucester 580 (1904) White none none C.C.D. Mass. reversed Third National Bank v. Buffalo German Insurance Company 581 (1904) White none none N.Y. affirmed United States v. McCoy 593 (1904) White none none 9th Cir. reversed Platt v. Wilmot 602 (1904) Peckham none none 2d Cir. affirmed Sloan v. United States 614 (1904) Peckham none none C.C.D. Neb. dismissed Pope v. Williams 621 (1904) Peckham none none Md. affirmed National Mutual Building and Loan Association v. Brahan 635 (1904) McKenna none none Miss. affirmed United States v. Commonwealth Land Title Insurance Company Company 651 (1904) McKenna none none Ct. Cl. affirmed Wright v. Minnesota Mutual Life Insurance Company 657 (1904) Day none none C.C.D. Minn. affirmed
Notes and references
See also Certificate of division
External links Case reports in volume 193 from Library of Congress Case reports in volume 193 from Court Listener Case reports in volume 193 from the Caselaw Access Project of Harvard Law School Case reports in volume 193 from Google Scholar Case reports in volume 193 from Justia Case reports in volume 193 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