List of United States Supreme Court cases, volume 197

This is a list of cases reported in volume 197 of United States Reports, decided by the Supreme Court of the United States in 1905.

Justices of the Supreme Court at the time of volume 197 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 197 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 197 U.S. Jacobson v. Massachusetts In Jacobson v. Massachusetts, 197 U.S. 11 (1905), the Supreme Court upheld the authority of states to enforce compulsory vaccination laws. The Court's opinion, cited in many later cases, articulated the view that individual liberty is not absolute, but rather is subject to the police power of the state.

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 197 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Northern P. Ry. Co. v. Ely 1 (1905) Fuller none none 8th Cir. reversed Northern P. Ry. Co. v. Hasse 9 (1905) Fuller none none Wash. reversed Jacobson v. Massachusetts 11 (1905) Harlan none none Mass. affirmed Utermehle v. Norment 40 (1905) Peckham none none D.C. Cir. affirmed Kehrer v. Stewart 60 (1905) Brown none none Ga. affirmed San Francisco Nat'l Bank v. Dodge 70 (1905) White none Brewer 9th Cir. reversed National C.O. Co. v. Texas 115 (1905) McKenna none none Tex. App. affirmed Southern C.O. Co. v. Texas 134 (1905) McKenna none none Tex. App. affirmed United States v. Whitridge 135 (1905) Holmes none none 4th Cir. reversed District of Columbia v. Barnes 146 (1905) Day none none Ct. Cl. affirmed McClaine v. Rankin 154 (1905) Fuller none White 9th Cir. reversed Dallemagne v. Moisan 169 (1905) Peckham none none N.D. Cal. reversed City of Dawson v. Columbia et al. Co. 178 (1905) Holmes none none C.C.N.D. Ga. reversed Gregg v. Metropolitan T. Co. 183 (1905) Holmes none McKenna 6th Cir. affirmed Caro v. Davidson 197 (1905) Fuller none none Fla. dismissed United States v. Stinson 200 (1905) Brewer none none 7th Cir. affirmed Clyatt v. United States 207 (1905) Brewer Harlan none 5th Cir. reversed United States v. Mills 223 (1905) Peckham none none Ct. Cl. affirmed Bartlett v. United States 230 (1905) Holmes none none Ct. Cl. affirmed Greer Cnty. v. Texas 235 (1905) Holmes none none Tex. App. affirmed Harriman v. Northern Sec. Co. 244 (1905) Fuller none none 3d Cir. affirmed Western E.S. Co. v. Abbeville E.L. & P. Co. 299 (1905) Fuller none none S.C. dismissed McMichael v. Murphy 304 (1905) Harlan none none Sup. Ct. Terr. Okla. affirmed Chrisman v. Miller 313 (1905) Brewer none none Cal. affirmed In re Strauss 324 (1905) Brewer none none 2d Cir. certification Bishop v. United States 334 (1905) Brown none none Ct. Cl. affirmed McMillen v. Ferrum M. Co. 343 (1905) Brown none none Colo. dismissed Carter v. Gear 348 (1905) Brown none none Sup. Ct. Terr. Haw. affirmed Keppel v. Tiffin S. Bank 356 (1905) White none Day 6th Cir. certification United States v. Smith 386 (1905) White none none Ct. Cl. reversed Middletown Nat'l Bank v. Toledo et al. Co. 394 (1905) Peckham none none 2d Cir. certification Pennsylvania et al. Co. v. Meyer 407 (1905) Peckham none none 2d Cir. certification Lincoln v. United States 419 (1905) Holmes none none S.D.N.Y. reversed Louisville & N.R.R. Co. v. Barber A.P. Co. 430 (1905) Holmes none none Ky. affirmed Stillman v. Combel 436 (1905) Holmes none none C.C.S.D. Tex. reversed Hackfeld & Co. v. United States 442 (1905) Day none none 9th Cir. reversed New Orleans G.L. Co. v. Drainage Comm'n 453 (1905) Day none none La. affirmed Iron Cliffs Co. v. Negaunee I. Co. 463 (1905) Day none none Mich. dismissed United States v. Cadarr 475 (1905) Day none none D.C. Cir. reversed In re Massachusetts 482 (1905) Fuller none none Sup. Ct. D.C. dismissed In re Heff 488 (1905) Brewer none none D. Kan. habeas corpus granted Whitaker v. McBride 510 (1905) Brewer none none Neb. affirmed Rassmussen v. United States 516 (1905) White Harlan; Brown none D. Alaska reversed United States v. Lake Shore et al. Ry. Co. 536 (1905) McKenna none none C.C.N.D. Ohio affirmed Muhlker v. New York & H.R.R. Co. 544 (1905) McKenna none Holmes N.Y. Sup. Ct. reversed Missouri v. Nebraska 577 (1905) per curiam none none original final decree

Notes and references

List of United States Supreme Court cases, volume 197

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