List of United States Supreme Court cases, volume 172 explained

Location:Washington, D.C.
Type:Presidential nomination with Senate confirmation
Authority:Constitution of the United States, Art. III, §1
Terms:life tenure, subject to impeachment and removal
Positions:9 (by statute)

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.

See also: List of justices of the Supreme Court of the United States.

See also: List of United States Supreme Court justices by time in office.

See also: List of justices of the Supreme Court of the United States by court composition.

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 172 were decided the Court comprised the following nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Melville FullerChief JusticeIllinoisMorrison Waite
(41–20)


July 4, 1910
(Died)
John Marshall HarlanAssociate JusticeKentuckyDavid Davis
(Acclamation)


October 14, 1911
(Died)
Horace GrayAssociate JusticeMassachusettsNathan Clifford
(51–5)


September 15, 1902
(Died)
David Josiah BrewerAssociate JusticeKansasStanley Matthews
(53–11)


March 28, 1910
(Died)
Henry Billings BrownAssociate JusticeMichiganSamuel Freeman Miller
(Acclamation)


May 28, 1906
(Retired)
George Shiras Jr.Associate JusticePennsylvaniaJoseph P. Bradley
(Acclamation)


February 23, 1903
(Retired)
Edward Douglass WhiteAssociate JusticeLouisianaSamuel Blatchford
(Acclamation)


December 18, 1910
(Continued as chief justice)
Rufus W. PeckhamAssociate JusticeNew YorkHowell Edmunds Jackson
(Acclamation)


October 24, 1909
(Died)
Joseph McKennaAssociate JusticeCaliforniaStephen Johnson Field
(Acclamation)


January 5, 1925
(Retired)

Citation style

See also: United States district court.

See also: United States circuit court.

See also: United States court of appeals.

See also: United States federal courts. 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.

List of cases in volume 172 U.S.

See also: Fuller Court.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
City of Walla Walla v. Walla Walla Water Company 1 (1898) Brown none none affirmed
Andersen v. Treat 24 (1898) Fuller none none affirmed
Pittsburgh Railway Company v. Board of Public Works 32 (1898) Graynone none affirmed
United States v. Wardwell 48 (1898) Brewer none none 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) McKennanone Fuller affirmed
McCullough v. Virginia 102 (1898) Brewer none Peckham reversed
United States v. Ranlett 133 (1898) Fuller none none reversed
Harkrader v. Wadley 148 (1898) Shiras none none reversed
New Mexico v. United States Trust Company 171 (1898) McKennanone none Sup. Ct. Terr. N.M.affirmed
The Elfrida 186 (1898) Brown none none reversed
United States v. Loughrey 206 (1898) Brown none White affirmed
Grant v. Buckner 232 (1898) Brewer none none La.affirmed
Blake v. McClung 239 (1898) Harlan none Brewer multiple
Village of Norwood v. Baker 269 (1898) Harlan none Brewer affirmed
Winston v. United States 303 (1899) Graynone 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 reversed
United States v. Ingram 327 (1899) Brewer none none reversed
Clark v. City of Kansas City 334 (1899) McKenna none none dismissed
United States v. Buffalo Natural Gas Fuel Company 339 (1899) Peckham none none 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) Whitenone none affirmed
Simpson v. United States 372 (1899) Whitenone none affirmed
Home for Incurables v. Colville 383 (1899) Whitenone none 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 dismissed
Capital National Bank v. Coldwater National Bank 434 (1899) Fuller none none dismissed
Keck v. United States 434 (1899) Whitenone Brown reversed
Chappell Chemical and Fertilizer Company v. Sulphur Mines Company I 465 (1899) McKenna none none dismissed
Chappell Chemical and Fertilizer Company v. Sulphur Mines Company II 472 (1899) McKenna none none dismissed
Chappell Chemical and Fertilizer Company v. Sulphur Mines Company III 474 (1899) McKenna none none affirmed
Columbia Water Power Company v. Columbia Electric Street Railway Light and Power Company 475 (1899) Brownnone none S.C.affirmed
Pittsburgh, Cincinnati, Chicago and St. Louis Railroad v. Long Island Loan and Trust Company 493 (1899) Harlan none none Ohioaffirmed
Fitts v. McGhee 516 (1899) Harlan none none reversed
Washington Gas Light Company v. Lansden 534 (1899) Peckham none none reversed
Orient Insurance Company v. Daggs 557 (1899) McKenna none none affirmed
United States v. Harsha 567 (1899) Gray none none 6th Cir.certification
First National Bank v. Anderson 573 (1899) Fuller none none affirmed
United States v. Duell 576 (1899)Fuller none none affirmed
Northern Pacific Railroad Company v. Myers 589 (1899) McKenna none none affirmed
Connecticut Mutual Life Insurance Company v. Spratley 602 (1899)Peckham none none affirmed
Hoeninghaus v. United States 622 (1899) Shiras none none 2d Cir.certification
Marshall v. Burtis 630 (1899) McKenna none none affirmed
McQuade v. City of Trenton 636 (1899) Brown none none dismissed

See also

External links

Notes and References

  1. Web site: Supreme Court Research Guide . 7 April 2021 . Georgetown Law Library.