This is a list of cases reported in volume 172 of United States Reports, decided by the Supreme Court of the United States in 1898 and 1899.

Justices of the Supreme Court at the time of volume 172 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 172 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) Horace Gray Associate Justice Massachusetts Nathan Clifford (51–5) –September 15, 1902(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) George Shiras Jr. Associate Justice Pennsylvania Joseph P. Bradley (Acclamation) –February 23, 1903(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)

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 172 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition City of Walla Walla v. Walla Walla Water Company 1 (1898) Brown none none C.C.D. Wash. affirmed Andersen v. Treat 24 (1898) Fuller none none E.D. Va. affirmed Pittsburgh Railway Company v. Board of Public Works 32 (1898) Gray none none C.C.D.W. Va. affirmed United States v. Wardwell 48 (1898) Brewer none none Ct. Cl. affirmed Green Bay and Mississippi Canal Company v. Patten Paper Company 58 (1898) Shiras none none Wis. reversed Meyer v. City of Richmond 82 (1898) McKenna none Fuller Va. affirmed McCullough v. Virginia 102 (1898) Brewer none Peckham Va. reversed United States v. Ranlett 133 (1898) Fuller none none 5th Cir. reversed Harkrader v. Wadley 148 (1898) Shiras none none C.C.W.D. Va. reversed New Mexico v. United States Trust Company 171 (1898) McKenna none none Sup. Ct. Terr. N.M. affirmed The Elfrida 186 (1898) Brown none none 5th Cir. reversed United States v. Loughrey 206 (1898) Brown none White 7th Cir. affirmed Grant v. Buckner 232 (1898) Brewer none none La. affirmed Blake v. McClung 239 (1898) Harlan none Brewer Tenn. multiple Village of Norwood v. Baker 269 (1898) Harlan none Brewer C.C.S.D. Ohio affirmed Winston v. United States 303 (1899) Gray none none D.C. Cir. reversed Bellingham Bay and British Columbia Railroad Company v. City of New Whatcom 314 (1899) Brewer none none Wash. affirmed Bellingham Bay Improvement Company v. City of New Whatcom 320 (1899) Brewer none none Wash. affirmed United States v. Bliss 321 (1899) Brewer none none Ct. Cl. reversed United States v. Ingram 327 (1899) Brewer none none Ct. Cl. reversed Clark v. City of Kansas City 334 (1899) McKenna none none Kan. dismissed United States v. Buffalo Natural Gas Fuel Company 339 (1899) Peckham none none 2d Cir. affirmed Scott v. United States 343 (1899) Peckham none none C.C.S.D.N.Y. affirmed Missouri, Kansas and Texas Trust Company v. Krumseig 351 (1899) Shiras none none 8th Cir. affirmed Washington Market Company v. District of Columbia 361 (1899) White none none D.C. Cir. affirmed Simpson v. United States 372 (1899) White none none Ct. Cl. affirmed Home for Incurables v. Colville 383 (1899) White none none D.C. Cir. reversed Sonnentheil v. Christian Moerlein Brewing Company 401 (1899) Brown none none 5th Cir. affirmed Utter v. Franklin 416 (1899) Brown none none Sup. Ct. Terr. Ariz. reversed Capital National Bank v. First National Bank 425 (1899) Fuller none none Neb. dismissed Capital National Bank v. Coldwater National Bank 434 (1899) Fuller none none Neb. dismissed Keck v. United States 434 (1899) White none Brown E.D. Pa. reversed Chappell Chemical and Fertilizer Company v. Sulphur Mines Company I 465 (1899) McKenna none none Md. dismissed Chappell Chemical and Fertilizer Company v. Sulphur Mines Company II 472 (1899) McKenna none none Md. dismissed Chappell Chemical and Fertilizer Company v. Sulphur Mines Company III 474 (1899) McKenna none none Md. affirmed Columbia Water Power Company v. Columbia Electric Street Railway Light and Power Company 475 (1899) Brown none none S.C. affirmed Pittsburgh, Cincinnati, Chicago and St. Louis Railroad v. Long Island Loan and Trust Company 493 (1899) Harlan none none Ohio affirmed Fitts v. McGhee 516 (1899) Harlan none none C.C.N.D. Ala. reversed Washington Gas Light Company v. Lansden 534 (1899) Peckham none none D.C. Cir. reversed Orient Insurance Company v. Daggs 557 (1899) McKenna none none Mo. affirmed United States v. Harsha 567 (1899) Gray none none 6th Cir. certification First National Bank v. Anderson 573 (1899) Fuller none none N.D. affirmed United States v. Duell 576 (1899) Fuller none none D.C. Cir. affirmed Northern Pacific Railroad Company v. Myers 589 (1899) McKenna none none 9th Cir. affirmed Connecticut Mutual Life Insurance Company v. Spratley 602 (1899) Peckham none none Tenn. affirmed Hoeninghaus v. United States 622 (1899) Shiras none none 2d Cir. certification Marshall v. Burtis 630 (1899) McKenna none none Sup. Ct. Terr. Ariz. affirmed McQuade v. City of Trenton 636 (1899) Brown none none N.J. dismissed

Notes and references

See also Certificate of division

External links Case reports in volume 172 from Library of Congress Case reports in volume 172 from Court Listener Case reports in volume 172 from the Caselaw Access Project of Harvard Law School Case reports in volume 172 from Google Scholar Case reports in volume 172 from Justia Case reports in volume 172 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