| 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 296 of United States Reports, decided by the Supreme Court of the United States in 1935 and 1936.
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 296 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) | |
Pacific States Box and Basket Company v. White, 296 U.S. 176 (1935), arose after The Oregon Division of Plant Industries, having been granted the power to prevent fraud or deception and to promote, protect, further or develop the horticultural interests of the state, prescribed the type, size and shape of containers for the sale of strawberries and raspberries. A California manufacturer of fruit and vegetable containers challenged the rule as arbitrary and capricious in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. On appeal, the Supreme Court held that "where the regulation is within the scope of authority legally delegated, the presumption of the existence of facts justifying its specific exercise attaches alike to statutes, to municipal ordinances, and to orders of administrative bodies." The case served as a precursor to Administrative Procedure Act rationality review.
In Fox Film Corporation v. Muller, 296 U.S. 207 (1935), the Supreme Court held that it cannot exercise certiorari jurisdiction over a case in which there is an adequate and independent state law ground for the state court's final judgment.
United States v. Constantine, 296 U.S. 287 (1935), concerned liquor laws and taxation. Congress placed a tax on liquor dealers who violated state liquor laws. The Supreme Court struck down the relevant portion of the Revenue Act of 1926 as an attempt to punish a state violation through taxation. The Court ruled that the primary purpose of the tax law was to enforce federal police powers, and not to raise revenue. After repeal of the Eighteenth Amendment, the federal law was no longer enforceable. The Supreme Court's opinion in National Federation of Independent Business v. Sebelius (2012) referenced the logic of Constantine in determining whether the Affordable Care Act was a penalty or a tax in terms of the Constitution; the Court held it was a tax, after "[d]isregarding the designation of the exaction, and viewing its substance and application".
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 |
|---|---|---|---|---|---|---|---|
| Douglas v. Willcuts, Collector of Internal Revenue | 296 U.S. 1 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | decree affirmed |
| Borax Consolidated, Ltd. v. City of Los Angeles | 296 U.S. 10 (1935) | Hughes | 8-1 | none | McReynolds (short statement) | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decree affirmed |
| Graham v. White-Phillips Company | 296 U.S. 27 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| Atlanta, Birmingham and Coast Railroad Company v. United States | 296 U.S. 33 (1935) | Brandeis | 9-0 | none | none | appeal from the United States District Court for the Northern District of Georgia (N.D. Ga.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. St. Louis Union Trust Company | 296 U.S. 39 (1935) | Sutherland | 5-4 | none | Stone (opinion; joined by Hughes, Brandeis, and Cardozo) | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment affirmed |
| Becker, Collector of Internal Revenue v. St. Louis Union Trust Company | 296 U.S. 48 (1935) | Sutherland | 5-4 | none | Stone, Hughes, Brandeis, and Cardozo dissented for the reasons stated in their dissent in Helvering v. St. Louis Union Trust Company, 296 U.S. 39 (1935) | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment affirmed |
| Chandler and Price Company v. Brandtjen and Kluge, Inc. | 296 U.S. 53 (1935) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Raybestos-Manhattan, Inc. v. United States | 296 U.S. 60 (1935) | Stone | 9-0 | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment affirmed |
| Di Giovanni v. Camden Fire Insurance Association | 296 U.S. 64 (1935) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment reversed |
| Becker Steel Company of America v. Cummings, Attorney General of the United States (in his Capacity as Alien Property Custodian) | 296 U.S. 74 (1935) | Stone | 7-2 | none | Roberts (opinion; with which Sutherland concurred) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
| Helvering, Commissioner of Internal Revenue v. City Bank Farmers Trust Company | 296 U.S. 85 (1935) | Roberts | 5-4 | none | VanDevanter, McReynolds, Sutherland, and Butler (without opinions) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
| Helvering, Commissioner of Internal Revenue v. Helmholz | 296 U.S. 93 (1935) | Roberts | 9-0 | Brandeis, Stone, and Cardozo (short statement) | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed |
| White v. Poor | 296 U.S. 98 (1935) | Roberts | 9-0 | Brandeis, Stone, and Cardozo (without opinions) | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment affirmed |
| McFeely v. Commissioner of Internal Revenue | 296 U.S. 102 (1935) | Roberts | 6-3 | none | Brandeis, Stone, and Cardozo (joint short statement) | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment affirmed (two cases); judgment reversed (three cases) |
| Schuylkill Trust Company v. Pennsylvania | 296 U.S. 113 (1935) | Roberts | 6-3 | none | Cardozo (opinion; joined by Brandeis and Stone) | appeal from the Pennsylvania Supreme Court (Pa.) | judgment reversed, and cause remanded |
| American Surety Company v. Westinghouse Electric Manufacturing Company | 296 U.S. 133 (1935) | Cardozo | 8-1 | none | Roberts (opinion) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | decree affirmed |
| McCandless v. Furlaud | 296 U.S. 140 (1935) | Cardozo | 5-4 | none | Roberts (opinion; with which McReynolds, Sutherland, and Butler concurred) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree reversed |
| Pacific States Box and Basket Company v. White | 296 U.S. 176 (1935) | Brandeis | 9-0 | none | none | appeal from the United States District Court for the District of Oregon (D. Or.) | judgment affirmed |
| Chesapeake and Ohio Railway Company v. United States | 296 U.S. 187 (1935) | per curiam | 9-0 | none | none | appeal from the United States District Court for the Southern District of West Virginia (S.D.W. Va.) | judgment affirmed |
| United States v. Hastings | 296 U.S. 188 (1935) | Hughes | 9-0 | none | none | appeal from the United States District Court for the Northern District of Mississippi (N.D. Miss.) | judgment affirmed |
| General Utility and Operating Company v. Helvering, Commissioner of Internal Revenue | 296 U.S. 200 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment reversed |
| Fox Film Corporation v. Muller | 296 U.S. 207 (1935) | Sutherland | 8-0[a] | none | none | certiorari to the Minnesota Supreme Court (Minn.) | writ of certiorari dismissed for want of jurisdiction |
| Bingham v. United States | 296 U.S. 211 (1935) | Sutherland | 9-0 | Brandeis, Stone, and Cardozo (joint short statement); Hughes (short statement) | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment reversed |
| Industrial Trust Company v. United States | 296 U.S. 220 (1935) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment reversed |
| Alexander v. Hillman | 296 U.S. 222 (1935) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment reversed |
| Klamath and Moadoc Tribes of Indians v. United States | 296 U.S. 244 (1935) | Butler | 8-0[b] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment affirmed |
| Miller v. Irving Trust Company | 296 U.S. 256 (1935) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Clyde Mallory Lines v. Alabama ex rel. State Docks Commission | 296 U.S. 261 (1935) | Stone | 9-0 | none | none | appeal from the Alabama Supreme Court (Ala.) | judgment affirmed |
| Milwaukee County v. M.E. White Company | 296 U.S. 268 (1935) | Stone | 7-2 | none | McReynolds and Butler (without opinions) | certified question from the United States Court of Appeals for the Seventh Circuit (7th Cir.) | certified question answered |
| Del Vecchio v. Bowers | 296 U.S. 280 (1935) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed, and cause remanded |
| United States v. Constantine | 296 U.S. 287 (1935) | Roberts | 6-3 | none | Cardozo (opinion; joined by Brandeis and Stone) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
| United States v. Kesterson | 296 U.S. 299 (1935) | Roberts | 6-3 | none | Brandeis, Stone, and Cardozo (for the reasons stated in the dissent in United States v. Constantine) | certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) | judgment affirmed |
| Hulburd v. Commissioner of Internal Revenue | 296 U.S. 300 (1935) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decree reversed |
| Hopkins Federal Savings and Loan Association v. Cleary | 296 U.S. 315 (1935) | Cardozo | 9-0 | none | none | certiorari to the Wisconsin Supreme Court (Wis.) | judgments affirmed |
| Morrissey v. Commissioner of Internal Revenue | 296 U.S. 344 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| Swanson v. Commissioner of Internal Revenue | 296 U.S. 362 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. Combs | 296 U.S. 365 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Helvering, Commissioner of Internal Revenue v. Coleman-Gilbert Associates | 296 U.S. 369 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | decrees reversed |
| John A. Nelson Company v. Helvering, Commissioner of Internal Revenue | 296 U.S. 374 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed |
| Helvering, Commissioner of Internal Revenue v. Minnesota Tea Company | 296 U.S. 378 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgments affirmed |
| Helvering, Commissioner of Internal Revenue v. Watts | 296 U.S. 387 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgments affirmed |
| G. and K. Manufacturing Company v. Helvering, Commissioner of Internal Revenue | 296 U.S. 389 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment reversed |
| Bus and Transportation Security Corporation v. Helvering, Commissioner of Internal Revenue | 296 U.S. 391 (1935) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgments affirmed |
| Hill v. Martin | 296 U.S. 393 (1935) | Brandeis | 8-0[c] | none | none | appeal from the United States District Court for the District of New Jersey (D.N.J.) | judgment affirmed |
| Colgate v. Harvey | 296 U.S. 404 (1935) | Sutherland | 6-3 | none | Stone (opinion; with which Brandeis and Cardozo concurred) | appeal from the Vermont Supreme Court (Vt.) | judgment reversed, and cause remanded |
| United States v. Halsey, Stuart and Company | 296 U.S. 451 (1935) | per curiam | 9-0 | none | none | appeal from the United States District Court for the Eastern District of Wisconsin (E.D. Wis.) | appeal dismissed |
| Corporation Commission of Oklahoma v. Cary | 296 U.S. 452 (1935) | per curiam | 9-0 | none | none | appeal from the United States District Court for the Western District of Oklahoma (W.D. Okla.) | judgment affirmed |
| Radio Corporation of America v. Raytheon Manufacturing Company | 296 U.S. 459 (1935) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | decree affirmed |
| United States v. Bank of New York and Trust Company | 296 U.S. 463 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decrees affirmed |
| United States Trust Company of New York v. Commissioner of Internal Revenue | 296 U.S. 481 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decision reversed |
| Helvering, Commissioner of Internal Revenue v. McIlvaine | 296 U.S. 488 (1935) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decrees affirmed |
| Legg v. St. John | 296 U.S. 489 (1935) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | judgment affirmed |
| Posadas v. National City Bank | 296 U.S. 497 (1935) | Sutherland | 9-0 | none | none | certiorari to the Supreme Court of the Philippines (Phil.) | judgment affirmed |
| Public Service Commission of Puerto Rico v. Havemeyer | 296 U.S. 506 (1936) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment reversed |
| Oklahoma ex rel. Oklahoma Tax Commission v. Barnsdall Refineries, Inc. | 296 U.S. 521 (1936) | Stone | 9-0 | none | none | certiorari to the Oklahoma Supreme Court (Okla.) | judgment affirmed |
| Chapman v. Hoage | 296 U.S. 526 (1936) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
[a] Hughes took no part in the case
[b] McReynolds took no part in the case
[c] Stone took no part in the case