This is a list of cases reported in volume 202 of United States Reports, decided by the Supreme Court of the United States in 1906.

Justices of the Supreme Court at the time of volume 202 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 202 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 202 U.S.

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Louisiana v. Mississippi I 1 (1906) Fuller none none original decree for La. Louisiana v. Mississippi II 58 (1906) per curiam none none original decree for La. Iowa v. Illinois 59 (1906) per curiam none none original boundary set Oregon v. Hitchcock 60 (1906) Brewer none none original dismissed Hazelton v. Sheckells 71 (1906) Holmes none none D.C. Cir. affirmed Perez v. Fernandez 80 (1906) Day none White D.P.R. reversed United States v. Cherokee Nation 101 (1906) Fuller none none Ct. Cl. affirmed Whitney v. Dick 132 (1906) Brewer none none 9th Cir. reversed First Nat'l Bank v. Staake 141 (1906) Brown none none 4th Cir. affirmed McHarg v. Staake 150 (1906) per curiam none none 4th Cir. affirmed Sawyer v. United States 150 (1906) Peckham none none C.C.E.D.N.C. affirmed United States v. Milliken I. Co. 168 (1906) Holmes none none Ct. Cl. reversed In re Lincoln 178 (1906) Brewer none none D. Neb. habeas corpus denied United States v. Cornell S.B. Co. 184 (1906) Brown none none 2d Cir. affirmed Darlington v. Turner 195 (1906) White none none D.C. Cir. reversed Texas & P. Ry. Co. v. Mugg 242 (1906) White none none Tex. App. reversed Security M.L. Ins. Co. v. Prewitt 246 (1906) Peckham none Day Ky. affirmed Gila Bend R. & I. Co. v. Gila W. Co. 270 (1906) McKenna none none Sup. Ct. Terr. Ariz. affirmed Hulbert v. City of Chicago 275 (1906) McKenna none none Ill. dismissed Pearson v. Williams 281 (1906) Holmes none none 2d Cir. affirmed Halsell v. Renfrow 287 (1906) Holmes none none Sup. Ct. Terr. Okla. affirmed Merchants' Nat'l Bank v. Wehrmann 295 (1906) Holmes none none Ohio reversed United States v. Dieckerhoff 302 (1906) Day none none 2d Cir. reversed Devine v. City of Los Angeles 313 (1906) Fuller none none C.C.S.D. Cal. affirmed Ortega v. Lara 339 (1906) Fuller none none D.P.R. dismissed Burton v. United States 344 (1906) Harlan McKenna Brewer C.C.E.D. Mo. affirmed James v. United States 401 (1906) White none none Ct. Cl. reversed Ayer & L.T. Co. v. Kentucky 409 (1906) White none none Ky. reversed Millard v. Roberts 429 (1906) McKenna none none D.C. Cir. affirmed Santa Fe P.R.R. Co. v. Holmes 438 (1906) McKenna none none 9th Cir. affirmed Cox v. Texas 446 (1906) Holmes none Harlan Tex. Civ. App. affirmed City of Vicksburg v. Vicksburg W. Co. 453 (1906) Day none Harlan C.C.S.D. Miss. affirmed Naganab v. Hitchcock 473 (1906) Day none none D.C. Cir. affirmed Bush v. Elliott 477 (1906) Day none none C.C.N.D. Ala. reversed Lincoln v. United States 484 (1906) Fuller none White multiple reversed O'Conor v. Texas 501 (1906) Brewer none none Tex. affirmed McDonald v. Dewey 510 (1906) Brown none White 7th Cir. multiple McNeill v. Southern Ry. Co. 543 (1906) White none none C.C.E.D.N.C. affirmed United States v. American S.R. Co. 563 (1906) McKenna none none C.C.S.D.N.Y. reversed Franklin S.R. Co. v. United States 580 (1906) McKenna none none C.C.E.D. Pa. affirmed New York ex rel. New York et al. R.R. Co. v. Miller 584 (1906) Holmes none none N.Y. Sup. Ct. affirmed Missouri v. Illinois 598 (1906) Holmes none none original costs to Ill. McDermott v. Severe 600 (1906) Day none none D.C. Cir. affirmed

Notes and references

See also Certificate of division

External links Case reports in volume 202 from Library of Congress Case reports in volume 202 from Court Listener Case reports in volume 202 from the Caselaw Access Project of Harvard Law School Case reports in volume 202 from Google Scholar Case reports in volume 202 from Justia Case reports in volume 202 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