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List of United States Supreme Court cases, volume 260

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
From Wikipedia, the free encyclopedia

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 260 of United States Reports, decided by the Supreme Court of the United States in 1922 and 1923.

Justices of the Supreme Court at the time of volume 260 U.S.

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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).[1] 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 260 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
William Howard Taft Chief Justice Connecticut Edward Douglass White June 30, 1921
(Acclamation)
July 11, 1921

February 3, 1930
(Retired)
Joseph McKenna Associate Justice California Stephen Johnson Field January 21, 1898
(Acclamation)
January 26, 1898

January 5, 1925
(Retired)
Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
William R. Day Associate Justice Ohio George Shiras Jr. February 23, 1903
(Acclamation)
March 2, 1903

November 13, 1922
(Retired)
Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
Mahlon Pitney Associate Justice New Jersey John Marshall Harlan March 13, 1912
(50–26)
March 18, 1912

December 31, 1922
(Resigned)
James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)

Notable cases in 260 U.S.

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Zucht v. King

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In Zucht v. King, 260 U.S. 174 (1922), the Supreme Court held that the school district of San Antonio, Texas, could constitutionally exclude students not vaccinated against smallpox from attending schools in the district. This followed the Court's 1905 ruling in Jacobson v. Massachusetts, in which the Court "had settled that it is within the police power of a state to provide for compulsory vaccination".

Ozawa v. United States

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In Ozawa v. United States, 260 U.S. 178 (1922), the Supreme Court found Takao Ozawa, a Japanese-American who was born in Japan but had lived in the United States for 20 years, ineligible for naturalization. In 1914, Ozawa had filed for US citizenship under the Naturalization Act of 1906. This act allowed only "free white persons" and "persons of African nativity or persons of African descent" to naturalize. Ozawa did not challenge the constitutionality of the racial restrictions. Instead, he claimed that Japanese people should be properly classified as "free white persons". The Court held that "the words 'white person' was only to indicate a person of what is popularly known as the Caucasian race", and so Japanese were not considered "free white persons" within the meaning of the law.

Yamashita v. Hinkle

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In Yamashita v. Hinkle, 260 U.S. 199 (1922), the Supreme Court upheld the constitutionality of the state of Washington's Alien Land Law. The law prohibited Asians from owning property. Washington's attorney general maintained that in order for Japanese people to fit in, their "marked physical characteristics" would have to be destroyed, that "the Negro, the Indian and the Chinaman" had already demonstrated assimilation was not possible for them. The U.S. Supreme Court heard the case, brought by Takuji Yamashita, and affirmed this race-based prohibition, citing its immediately prior issued decision in Takao Ozawa v. United States (described above). Washington's Alien Land Law would not be repealed until 1966.

Pennsylvania Coal Co. v. Mahon

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In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), the Supreme Court held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. The decision started the doctrine of regulatory taking. The Takings Clause originally applied only when the government physically seized or occupied property. Prior to 1922, American courts followed a clear rule: regulation of land was not a taking. Rather, it was simply an exercise of the government’s police power to protect the public health, safety, welfare, and morals.

Citation style

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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. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 260 U.S.

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Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Wyoming v. Colorado 1 (1922) per curiam none none original rehearing denied
Lederer v. Stockton 3 (1922) Taft none none 3d Cir. affirmed
Charlotte Harbor and Northern Railway Company v. Wells 8 (1922) McKenna none none Fla. affirmed
Knights v. Jackson 12 (1922) Holmes none none Mass. affirmed
North Carolina Railroad Company v. Lee 16 (1922) Brandeis none none N.C. reversed
United States v. Wong Sing 18 (1922) McKenna none none D. Utah reversed
Jackman v. Rosenbaum Company 22 (1922) Holmes none none Pa. affirmed
Interstate Commerce Commission v. United States ex rel. Members of Waste Merchants Association of New York 32 (1922) Brandeis none none D.C. Cir. reversed
Chicago and Northwestern Railway Company v. Nye Schneider Fowler Company 35 (1922) Taft none none Neb. multiple
Wichita Railroad and Light Company v. Public Utilities Commission of Kansas 48 (1922) Taft none none 8th Cir. reversed
Freund v. United States 60 (1922) Taft none none Ct. Cl. reversed
National Union Fire Insurance Company v. Wanberg 71 (1922)\ Taft none none N.D. affirmed
Brewer-Elliott Oil and Gas Company v. United States 77 (1922) Taft none none 8th Cir. affirmed
Ryan v. United States 90 (1922) Taft none none Ct. Cl. affirmed
United States v. Bowman 94 (1922) Taft none none S.D.N.Y. reversed
Ortega Company v. Triay 103 (1922) McKenna none none S.D. Fla. affirmed
Bratton v. Chandler 110 (1922) McKenna none none W.D. Tenn. reversed
Duesenberg Motors Corporation v. United States 115 (1922) McKenna none none Ct. Cl. affirmed
Keokuk and Hamilton Bridge Company v. United States 125 (1922) Holmes none none Ct. Cl. affirmed
McKee v. Gratz 127 (1922) Holmes none none 8th Cir. affirmed
Browne v. Thorn 137 (1922) Holmes none none 8th Cir. affirmed
New York, New Haven and Hartford Railroad Company v. Fruchter 141 (1922) McReynolds none none 2d Cir. reversed
Ohio ex rel. Seney v. Swift and Company 146 (1922) McReynolds none none 6th Cir. dismissed
The Sao Vicente 151 (1922) McReynolds none none 2d Cir. dismissed
Keogh v. Chicago and Northwestern Railway Company 156 (1922) Brandeis none none 7th Cir. affirmed
Baltimore and Ohio Southwestern Railroad Company v. Settle 166 (1922) Brandeis none none 6th Cir. reversed
Zucht v. King 174 (1922) Brandeis none none Tex. Civ. App. dismissed
Ozawa v. United States 178 (1922) Sutherland none none 9th Cir. certification
Yamashita v. Hinkle 199 (1922) Sutherland none none Wash. affirmed
Gaston, Williams and Wigmore of Canada, Ltd. v. Warner 201 (1922) Sutherland none none 2d Cir. affirmed
Southern Pacific Company v. Olympian Dredging Company 205 (1922) Sutherland none none 9th Cir. reversed
Cumberland Telephone and Telegraph Company v. Louisiana Public Service Commission 212 (1922) Taft none none E.D. La. remanded
United States v. Atkins 220 (1922) McReynolds none none 8th Cir. affirmed
Kline v. Burke Construction Company 226 (1922) Sutherland none none 8th Cir. reversed
Liberty Oil Company v. Condon National Bank 235 (1922) Taft none none 8th Cir. reversed
Heisler v. Thomas Colliery Company 245 (1922) McKenna none none Pa. affirmed
General Investment Company v. Lake Shore and Michigan Southern Railway Company 261 (1922) VanDevanter none none 6th Cir. affirmed
United States v. Oregon Lumber Company 290 (1922) Sutherland none Brandeis 9th Cir. certification
City of Boston v. Jackson 309 (1922) Taft none none Mass. affirmed
Southern Railway Company v. Clift 316 (1922) McKenna none none Ind. affirmed
United States v. Mason and Hanger Company 323 (1922) McKenna none none Ct. Cl. affirmed
United States v. Northeastern Construction Company 326 (1922) McKenna none none Ct. Cl. affirmed
Portsmouth Harbor Land and Hotel Company v. United States 327 (1922) Holmes none Brandeis Ct. Cl. reversed
New York Central and Hudson River Railroad Company v. Kinney 340 (1922) Holmes none none N.Y. Sup. Ct. affirmed
St. Louis Cotton Compress Company v. Arkansas 346 (1922) Holmes none none Ark. reversed
Davis v. Green 349 (1922) Holmes none none Miss. reversed
McKelvey v. United States 353 (1922) VanDevanter none none 9th Cir. affirmed
American Mills Company v. American Surety Company 360 (1922) Taft none none 2d Cir. affirmed
Champlain Realty Company v. Town of Brattleboro 366 (1922) Taft none none] Vt. reversed
United States v. Lanza 377 (1922) Taft none none W.D. Wash. reversed
Regal Drug Corporation v. Wardell 386 (1922) McKenna none none 9th Cir. reversed
Pennsylvania Coal Company v. Mahon 393 (1922) Holmes none Brandeis Pa. reversed
Kirby v. United States ex rel. Crow Tribe 423 (1922) VanDevanter none none 9th Cir. affirmed
Cox v. Hart 427 (1922) Sutherland none none 9th Cir. affirmed
Heitler v. United States 438 (1923) Taft none none N.D. Ill. remanded
Sioux City Bridge Company v. Dakota County 441 (1923) Taft none none Neb. reversed
Walker v. Gish 447 (1923) Taft none none D.C. Cir. affirmed
Blamberg Brothers v. United States 452 (1923) Taft none none D. Md. affirmed
Kansas City Southern Railway Company v. Van Zant 459 (1923) McKenna none none Mo. reversed
St. Louis Malleable Casting Company v. George C. Prendergast Construction Company 469 (1923) McKenna none none Mo. affirmed
Galveston Wharf Company v. City of Galveston 473 (1923) Holmes none none S.D. Tex. affirmed
United States v. Stafoff 477 (1923) Holmes none none multiple multiple
United States v. Carver 482 (1923) Holmes none none 2d Cir. certification
Osaka Shosen Kaisha v. Pacific Export Lumber Company 490 (1923) McReynolds none none 9th Cir. reversed
Charles A. Ramsay Company v. Associated Bill Posters of the United States and Canada 501 (1923) McReynolds none none 2d Cir. reversed
Greenport Basin and Construction Company v. United States 512 (1923) Brandeis none none E.D.N.Y. affirmed
Rosenberg Brothers and Company, Inc. v. Curtis Brown Company 516 (1923) Brandeis none none W.D.N.Y. affirmed
Southern Railway Company v. Watts 519 (1923) Brandeis none none multiple affirmed
Stockley v. United States 532 (1923) Sutherland none none 5th Cir. reversed
Mason v. United States 545 (1923) Sutherland none none 5th Cir. multiple
Jeems Bayou Fishing and Hunting Club v. United States 561 (1923) Sutherland none none 5th Cir. affirmed
Baltimore and Ohio Railroad Company v. United States 565 (1923) Sutherland none none Ct. Cl. affirmed
Federal Trade Commission v. Curtis Publishing Company 568 (1923) McReynolds none Taft ("doubting") 3d Cir. affirmed
American Railway Express Company v. Lindenburg 584 (1923) Sutherland none none W. Va. reversed
Hill v. Smith 592 (1923) Holmes none none Mass. Super. Ct. affirmed
Snake Creek Mining and Tunnel Company v. Midway Irrigation Company 596 (1923) VanDevanter none none 8th Cir. affirmed
Oklahoma v. Texas 606 (1923) VanDevanter none McReynolds original referred to commissioners
Bankers Trust Company v. Blodgett 647 (1923) McKenna none none Conn. Super. Ct. affirmed
Lee v. Chesapeake and Ohio Railway Company 653 (1923) VanDevanter none none E.D. Ky. affirmed
United States v. Lane 662 (1923) Sutherland none none 5th Cir. affirmed
Foley v. United States 667 (1923) McKenna none none Ct. Cl. affirmed
Conley v. Barton 677 (1923) McKenna none none Me. affirmed
Leigh Ellis and Company v. Davis 682 (1923) Holmes none none 5th Cir. affirmed
A. Bourjois and Company, Inc. v. Katzel 689 (1923) Holmes none none 2d Cir. reversed

Notes and references

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  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
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