This is a list of cases reported in volume 205 of United States Reports, decided by the Supreme Court of the United States in 1907.

Justices of the Supreme Court at the time of volume 205 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 205 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) 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) William Henry Moody Associate Justice Massachusetts Henry Billings Brown (Acclamation) –November 20, 1910(Retired)

Notable Case in 205 U.S. Halter v. Nebraska Halter v. Nebraska, 205 U.S. 34 (1907), was a Supreme Court decision involving a Nebraska statute that prevented and punished desecration of the flag of the United States, and prohibited the sale of articles upon which there is a representation of the flag for advertising purposes. The court held that the statute was not unconstitutional either as depriving the owner of such articles of his property without due process of law, or as denying him the equal protection of the laws because of the exception from the operation of the statute of newspapers, periodicals, or books upon which the flag may be represented if disconnected from any advertisement.

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 205 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Schlemmer v. Buffalo, Rochester and Pittsburgh Railway Company1 (1907) Holmes none Brewer Pa. reversed Tinsley v. Treat20 (1907) Fuller none none C.C.E.D. Va. reversed Kessler v. Treat33 (1907) Fuller none none C.C.E.D. Va. reversed Halter v. Nebraska34 (1907) Harlan none none Neb. affirmed Citizens' Savings and Trust Company v. Illinois Central Railroad Company46 (1907) Harlan none none C.C.E.D. Ill. reversed Wilmington Star Mining Company v. Fulton60 (1907) White none none C.C.N.D. Ill. reversed United States ex rel. West v. Hitchcock80 (1907) Holmes none none D.C. Cir. affirmed Perovich v. United States86 (1907) Brewer none none D. Alaska affirmed Delamater v. South Dakota93 (1907) White none none S.D. affirmed United States v. Bethlehem Steel Company105 (1907) Peckham none none Ct. Cl. reversed Northern Pacific Railroad Company v. Slaght I122 (1907) McKenna none none Wash. affirmed Northern Pacific Railroad Company v. Slaght II134 (1907) McKenna none none Wash. affirmed Martin v. District of Columbia135 (1907) Holmes none none D.C. Cir. reversed Wetmore v. Karrick141 (1907) Day none none D.C. Cir. affirmed United States v. Mitchell161 (1907) Fuller none none Ct. Cl. reversed Tracy v. Ginzberg170 (1907) Harlan none none Mass. affirmed Urquhart v. Brown179 (1907) Harlan none none C.C.W.D. Wash. reversed Tindle v. Birkett183 (1907) Fuller none none N.Y. Sup. Ct. affirmed Davidson Steamship Company v. United States187 (1907) Brewer none none 8th Cir. affirmed Love v. Flahive195 (1907) Brewer none none Mont. affirmed Hiscock v. Mertens202 (1907) McKenna none none 2d Cir. affirmed Moore v. McGuire214 (1907) Holmes none none C.C.E.D. Ark. reversed Empire State-Idaho Mining and Developing Company v. Hanley225 (1907) Day none none C.C.D. Idaho dismissed Rochester Railroad Company v. City of Rochester236 (1907) Moody none none N.Y. Sup. Ct. affirmed Pearcy v. Stranahan257 (1907) Fuller White none C.C.S.D.N.Y. affirmed Swing v. Weston Lumber Company275 (1907) Fuller none none Mich. dismissed Gila Bend Reservoir and Irrigation Company v. Gila Water Company279 (1907) Brewer none none Sup. Ct. Terr. Ariz. rehearing denied Ballentyne v. Smith285 (1907) Brewer none none Sup. Ct. Terr. Haw. affirmed Fields v. United States292 (1907) Brewer none none D.C. Cir. dismissed Mercantile Trust Company v. Hensey298 (1907) Peckham none none D.C. Cir. affirmed Johnson v. Browne309 (1907) Peckham none none C.C.S.D.N.Y. affirmed Hunt v. New York Cotton Exchange322 (1907) McKenna none none C.C.W.D. Tenn. affirmed W.W. Bierce, Ltd. v. Hutchins340 (1907) Holmes none none Sup. Ct. Terr. Haw. reversed Kawananokoa v. Polyblank349 (1907) Holmes none none Sup. Ct. Terr. Haw. affirmed The Winnebago354 (1907) Day none none Mich. affirmed Peterson v. Chicago, Rock Island and Pacific Railroad Company364 (1907) Day none none C.C.N.D. Tex. affirmed Metropolitan Life Insurance Company v. City of New Orleans395 (1907) Moody none none La. affirmed Behn, Meyer and Company v. Campbell and Go Tauco403 (1907) Moody none none Phil. affirmed Quinlan v. Green County410 (1907) Moody none none 6th Cir. certification Travers v. Reinhardt423 (1907) Harlan none Holmes D.C. Cir. affirmed Chicago, Burlington and Quincy Railroad Company v. Williams444 (1907) Harlan none none 8th Cir. dismissed Patterson v. Colorado ex rel. Attorney General454 (1907) Holmes none Harlan, Brewer Colo. dismissed Chanler v. Kelsey466 (1907) Day none Holmes N.Y. County Sur. Ct. affirmed Barrington v. Missouri483 (1907) Fuller none none Mo. dismissed Whitfield v. Aetna Life Insurance Company489 (1907) Harlan none none 8th Cir. reversed Harrison v. Magoon501 (1907) Holmes none none Sup. Ct. Terr. Haw. dismissed Home Savings Bank v. City of Des Moines503 (1907) Moody none none Iowa reversed Frank v. Vollkommer521 (1907) Fuller none none N.Y. Sup. Ct. affirmed Green v. Chicago, Burlington and Quincy Railroad Company530 (1907) Moody none none C.C.E.D. Pa.. affirmed

Notes and references

See also Certificate of division

External links Case reports in volume 205 from Library of Congress Case reports in volume 205 from Court Listener Case reports in volume 205 from the Caselaw Access Project of Harvard Law School Case reports in volume 205 from Google Scholar Case reports in volume 205 from Justia Case reports in volume 205 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