| 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 293 of United States Reports, decided by the Supreme Court of the United States in 1934 and 1935.
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 293 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 |
|---|---|---|---|---|---|---|
| Charles Evans Hughes | Chief Justice | New York | William Howard Taft | (52–26) | – June 30, 1941 (Retired) | |
| Willis Van Devanter | Associate Justice | Wyoming | Edward Douglass White (as Associate Justice) | (Acclamation) | – June 2, 1937 (Retired) | |
| James Clark McReynolds | Associate Justice | Tennessee | Horace Harmon Lurton | (44–6) | – January 31, 1941 (Retired) | |
| Louis Brandeis | Associate Justice | Massachusetts | Joseph Rucker Lamar | (47–22) | – February 13, 1939 (Retired) | |
| George Sutherland | Associate Justice | Utah | John Hessin Clarke | (Acclamation) | – January 17, 1938 (Retired) | |
| Pierce Butler | Associate Justice | Minnesota | William R. Day | (61–8) | – November 16, 1939 (Died) | |
| Harlan F. Stone | Associate Justice | New York | Joseph McKenna | (71–6) | – July 2, 1941 (Continued as chief justice) | |
| Owen Roberts | Associate Justice | Pennsylvania | Edward Terry Sanford | (Acclamation) | – July 31, 1945 (Resigned) | |
| Benjamin N. Cardozo | Associate Justice | New York | Oliver Wendell Holmes Jr. | (Acclamation) | – July 9, 1938 (Died) | |
See also: United States district 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. 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.
See also: Hughes Court.
| Case name | Citation | Opinion of the Court | Vote | Concurring opinion or statement | Dissenting opinion or statement | Procedural jurisdiction | Result |
|---|---|---|---|---|---|---|---|
| Radio Corporation of America v. Radio Engineering Laboratories, Inc. | 293 U.S. 1 (1934) | Cardozo | 8-0[a] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree reversed |
| Virginia v. Imperial Coal Sales Company | 293 U.S. 15 (1934) | Hughes | 9-0 | none | none | certiorari to the Virginia Supreme Court (Va.) | judgment reversed, and cause remanded |
| Detroit Trust Company v. The Thomas Barlum | 293 U.S. 21 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decrees reversed, and causes remanded |
| Lynch v. New York ex rel. Pierson | 293 U.S. 52 (1934) | Hughes | 9-0 | none | none | certiorari to the New York Supreme Court (N.Y. Sup. Ct.) | writ of certiorari dismissed as improvidently granted |
| Pflueger v. Sherman | 293 U.S. 55 (1934) | per curiam | 9-0 | none | none | certified question from the United States Court of Appeals for the Ninth Circuit (9th Cir.) | certified question dismissed |
| United States v. City of Troy | 293 U.S. 58 (1934) | McReynolds | 9-0 | none | none | appeal from the United States District Court for the Middle District of Pennsylvania (M.D. Pa.) | judgment reversed |
| Gillis v. California | 293 U.S. 62 (1934) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| McCandless v. Furlaud | 293 U.S. 67 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed, and cause remanded |
| Long v. Ansell | 293 U.S. 76 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. Stockholms Enskilda Bank | 293 U.S. 84 (1934) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
| British American Tobacco Company, Ltd. v. Helvering, Commissioner of Internal Revenue | 293 U.S. 95 (1934) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Brotherhood of Locomotive Firemen and Enginemen v. Pinkston | 293 U.S. 96 (1934) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | judgment affirmed |
| Rowley, Treasurer of Converse County, Wyoming v. Chicago and Northwestern Railway Company | 293 U.S. 102 (1934) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) | decree reversed |
| City Bank Farmers Trust Company v. Schnader, Attorney General of Pennsylvania | 293 U.S. 112 (1934) | Butler | 9-0 | none | none | appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. Morgan's Inc. | 293 U.S. 121 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment affirmed |
| McNally v. Hill | 293 U.S. 131 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment affirmed |
| Waco v. United States Fidelity and Guaranty Company | 293 U.S. 140 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment reversed, and cause remanded |
| Helvering, Commissioner of Internal Revenue v. Bliss | 293 U.S. 144 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Mattson v. Department of Labor and Industries of Washington | 293 U.S. 151 (1934) | Roberts | 9-0 | none | none | appeal from the Washington Supreme Court (Wash.) | judgment affirmed |
| Warner v. Goltra | 293 U.S. 155 (1934) | Cardozo | 9-0 | none | none | certiorari to the Missouri Supreme Court (Mo.) | judgment reversed, and cause remanded |
| Hegeman Farms Corporation v. Baldwin | 293 U.S. 163 (1934) | Cardozo | 9-0 | Sutherland (without opinion) | none | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | decree affirmed |
| Zellerbach Paper Company v. Helvering, Commissioner of Internal Revenue | 293 U.S. 172 (1934) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decrees reversed, and causes remanded |
| National Paper Products Company v. Helvering, Commissioner of Internal Revenue | 293 U.S. 183 (1934) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decrees reversed |
| Clifton Manufacturing Company v. United States | 293 U.S. 186 (1934) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | decree reversed, and cause remanded |
| Abrams v. Van Schaick, Superintendent of Insurance of New York | 293 U.S. 188 (1934) | per curiam | 9-0 | none | none | appeal from the New York Supreme Court (N.Y. Sup. Ct.) | appeal dismissed |
| E.R. Squibb and Sons v. Mallinckrodt Chemical Works | 293 U.S. 190 (1934) | per curiam | 9-0 | none | none | certified question from the United States Court of Appeals for the Eighth Circuit (8th Cir.) | certified question answered |
| Borden's Farm Products Company v. Baldwin, Commissioner of Agriculture and Markets of New York | 293 U.S. 194 (1934) | Hughes | 9-0 | Stone and Cardozo (joint short statement) | none | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | decree reversed, and cause remanded |
| Helvering, Commissioner of Internal Revenue v. Powers | 293 U.S. 214 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | decree reversed |
| McCullough v. Smith | 293 U.S. 228 (1934) | McReynolds | 9-0 | none | none | certiorari to the North Carolina Supreme Court (N.C.) | judgment reversed |
| United States Mortgage Company v. Matthews | 293 U.S. 232 (1934) | McReynolds | 9-0 | none | none | certiorari to the Maryland Court of Appeals (Md.) | judgment reversed, and cause remanded |
| Mitchell, Insurance Commissioner of California v. Maurer | 293 U.S. 237 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed, and cause remanded |
| Hamilton v. University of California | 293 U.S. 245 (1934) | Butler | 9-0 | Cardozo (opinion; joined by Brandeis and Stone) | none | appeal from the California Supreme Court (Cal.) | judgment affirmed |
| Indiana Farmer's Guide Publishing Company v. Prairie Farmer Publishing Company | 293 U.S. 268 (1934) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed, and cause remanded |
| Helvering, Commissioner of Internal Revenue v. Union Pacific Railroad Company | 293 U.S. 282 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Old Mission Portland Cement Company v. Helvering, Commissioner of Internal Revenue | 293 U.S. 289 (1934) | Stone | 7-2 | none | Butler and Roberts (both dissenting in part; without opinions) | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| Gulf, Mobile and Northern Railroad Company v. Helvering, Commissioner of Internal Revenue | 293 U.S. 295 (1934) | Stone | 7-2 | none | Butler and Roberts (without opinions) | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed |
| Schnell v. The Vallescura | 293 U.S. 296 (1934) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
| Irving Trust Company v. A.W. Perry, Inc. | 293 U.S. 307 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Irving Trust Company v. Bowditch | 293 U.S. 311 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. Twin Bell Oil Syndicate | 293 U.S. 312 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Herring v. Commissioner of Internal Revenue | 293 U.S. 322 (1934) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment reversed |
| Davis v. Aetna Acceptance Company | 293 U.S. 328 (1934) | Cardozo | 9-0 | none | none | certiorari to the Illinois Appellate Court (Ill. App. Ct.) | judgment reversed, and cause remanded |
| Mutual Life Insurance Company of New York v. Johnson | 293 U.S. 335 (1934) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment affirmed |
| United States v. Guaranty Trust Company of New York | 293 U.S. 340 (1934) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| McLaughlin, Collector of Internal Revenue v. Pacific Lumber Company | 293 U.S. 351 (1934) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Marine National Exchange Bank of Milwaukee v. Kalt-Zimmers Manufacturing Company | 293 U.S. 357 (1934) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed, and cause remanded |
| Schumacher, Sheriff of Butler County, Ohio v. Beeler | 293 U.S. 367 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree affirmed |
| George v. Victor Talking Machine Company | 293 U.S. 377 (1934) | per curiam | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment reversed, and cause remanded |
| Enelow v. New York Life Insurance Company | 293 U.S. 379 (1934) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment reversed, and cause remanded |
| Adamos v. New York Life Insurance Company | 293 U.S. 386 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment reversed, and cause remanded |
| Panama Refining Company v. Ryan | 293 U.S. 388 (1934) | Hughes | 8-1 | none | Cardozo (opinion) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgments reversed, and causes remanded |
| Shanferoke Coal and Supply Corporation v. Westchester Service Corporation | 293 U.S. 449 (1935) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| United States v. Baltimore and Ohio Railroad Company | 293 U.S. 454 (1935) | Brandeis | 9-0 | none | none | appeal from the United States District Court for the Northern District of Ohio (N.D. Ohio) | judgment affirmed |
| Gregory v. Helvering, Commissioner of Internal Revenue | 293 U.S. 465 (1935) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Taylor v. Sternberg | 293 U.S. 470 (1935) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment affirmed |
| Dimick v. Schiedt | 293 U.S. 474 (1935) | Sutherland | 5-4 | none | Stone (opinion; with which Hughes, Brandeis, and Cardozo concurred) | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment affirmed |
| United States v. Spaulding | 293 U.S. 498 (1935) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment reversed, and cause remanded |
| Helvering, Commissioner of Internal Revenue v. Taylor | 293 U.S. 507 (1935) | Butler | 8-1 | none | Stone (opinion) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
[a] Hughes took no part in the case