This is a list of cases reported in volume 135 of United States Reports, decided by the Supreme Court of the United States in 1890.
Justices of the Supreme Court at the time of volume 135 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 135 U.S. 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) Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel (Acclamation) –October 13, 1890(Died) Stephen Johnson Field Associate Justice California newly created seat (Acclamation)–December 1, 1897(Retired) Joseph P. Bradley Associate Justice New Jersey newly created seat (46–9) –January 22, 1892(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) Samuel Blatchford Associate Justice New York Ward Hunt (Acclamation) –July 7, 1893(Died) Lucius Quintus Cincinnatus Lamar Associate Justice Mississippi William Burnham Woods (32–28) –January 23, 1893(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died)
Notable Case in 135 U.S. In re Neagle In re Neagle, 135 U.S. 1 (1890), concerned the legal immunity of federal officers from state prosecution when acting within the scope of their federal authority. A U.S. Marshal, Neagle, was appointed by the United States Attorney General to serve as Justice Stephen J. Field's bodyguard while Field rode circuit in California. In 1889, on a train in California, a man known to have threatened Field with death due to an adverse legal decision struck Field with his fists. Knowing that the man had previously carried a knife and threatened Field with it, Neagle fatally shot the attacker, and was later arrested by a state sheriff. A federal court ordered that Neagle be released. On appeal, the U.S. Supreme Court affirmed, holding that, as the source of all Executive authority, the President could act in the absence of specific statutory authority since there were no laws that provided for protection of federal judges by the Executive branch. Constitutionally, the decision determined that the Executive branch, like Congress, exercised its own "necessary and proper" authority.
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.
Bluebook citation style is used for case names, citations, and jurisdictions. "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 135 U.S.
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition In re Neagle 1 (1890) Miller none Lamar C.C.N.D. Cal. affirmed G. Leisy & Co. v. Hardin100 (1890) Fuller none Gray Iowa reversed Lyng v. Michigan 161 (1890) Fuller none none Mich. reversed Mackall v. Mackall 167 (1890) Brewer none none Sup. Ct. D.C. affirmed Commercial Mfg. Co. v. Fairbank C. Co. 176 (1890) Blatchford none none C.C.N.D. Ill. affirmed Vicksburg, et al. Ry. Co. v. Smith 195 (1890) Blatchford none none C.C.W.D. La. dismissed United States ex rel. Miller v. Raum 200 (1890) Bradley none none Sup. Ct. D.C. affirmed Central T. Co. v. Grant Locomotive Works 207 (1890) Fuller none none C.C.S.D. Ohio multiple St. Germain v. Brunswick 227 (1890) Fuller none none C.C.D. Cal. multiple Lodge v. Twell 232 (1890) Fuller none none Sup. Ct. Terr. Mont. dismissed Hartranft v. Meyer & Dickinson 237 (1890) Brewer none none C.C.E.D. Pa. affirmed Eckloff v. District of Columbia240 (1890) Brewer none none Sup. Ct. D.C. affirmed Beatty v. Benton244 (1890) Blatchford none none Ga. dismissed United States v. Chase 255 (1890) Lamar none none C.C.D. Mass. certification In re Mills 263 (1890) Harlan none none W.D. Ark. habeas corpus granted United States v. Sanborn 271 (1890) Harlan none none C.C.D. Mass. reversed Iron S.M. Co. v. Campbell 286 (1890) Miller none Brewer C.C.D. Colo. reversed Societe F. et A. v. Milliken 304 (1890) Brewer none none C.C.N.D. Tex. affirmed Willard v. Wood 309 (1890) Gray none none Sup. Ct. D.C. affirmed Northern P.R.R. Co. v. Austin 315 (1890) Fuller none none Minn. dismissed Royer v. Schultz B. Co. 319 (1890) Blatchford none none C.C.E.D. Mo. reversed Mansfield v. Excelsior R. Co. 326 (1890) Harlan none none C.C.N.D. Ill. reversed Yale L. Mfg. Co. v. Berkshire Nat'l Bank 342 (1890) Blatchford none none C.C.D. Mass. multiple In re Baiz 403 (1890) Fuller none none S.D.N.Y. prohibition denied New York E.R.R. Co. v. Fifth Nat'l Bank 432 (1890) Gray none none C.C.S.D.N.Y. affirmed In re Lane 443 (1890) Miller none none D. Kan. habeas corpus denied Burns & Co. v. Rosenstein Bros. 449 (1890) Harlan none none C.C.D. Mass. affirmed Randolph's Ex'r v. Quidnick Co. 457 (1890) Brewer none none C.C.D.R.I. affirmed Upshur Cnty. v. Rich 467 (1890) Bradley none none C.C.D.W. Va. reversed Freiburg v. Dreyfus 478 (1890) Brewer none none C.C.E.D. La. affirmed Anderson v. Carkins 483 (1890) Brewer none none Neb. reversed City of Detroit v. Osborne 492 (1890) Brewer none none C.C.E.D. Mich. reversed Norman v. Buckner500 (1890) Brewer none none C.C.W.D. La. affirmed West v. Camden507 (1890) Blatchford none none C.C.D. Md. affirmed Robinson v. Iron Ry. Co.522 (1890) Blatchford none none C.C.S.D. Ohio affirmed Glenn v. Liggett 533 (1890) Blatchford none none C.C.E.D. Mo. reversed United States v. Voorhees 550 (1890) Lamar none none C.C.D. Neb. affirmed Washington & G.R.R. Co. v. McDade 554 (1890) Lamar none none Sup. Ct. D.C. affirmed Des Moines et al. R.R. Co. v. Wabash, et al. Ry. Co. 576 (1890) Miller none none C.C.S.D. Iowa affirmed Haines v. McLaughlin 584 (1890) Fuller none none C.C.N.D. Cal. affirmed The Eclipse 599 (1890) Fuller none none Sup. Ct. Terr. Dakota affirmed Farrar v. Churchill 609 (1890) Fuller none none C.C.S.D. Miss. affirmed Riddle v. Whitehill 621 (1890) Fuller none none C.C.E.D. Ark. reversed Cherokee Nation v. Southern K. Ry. Co. 641 (1890) Harlan none none C.C.W.D. Ark. reversed McGahey v. Virginia 662 (1890) Bradley none none Va. affirmed
Notes and references
External links Case reports in volume 135 from Library of Congress Case reports in volume 135 from Court Listener Case reports in volume 135 from the Caselaw Access Project of Harvard Law School Case reports in volume 135 from Google Scholar Case reports in volume 135 from Justia Case reports in volume 135 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