| 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 298 of United States Reports, decided by the Supreme Court of the United States in 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 298 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) | |
In Carter v. Carter Coal Company, 298 U.S. 238 (1936), the Supreme Court interpreted the Commerce Clause of the United States Constitution, which permits the United States Congress to "regulate Commerce... among the several States." Specifically, it analyzes the extent of Congress’ power, according to the Commerce Clause, looking at whether or not they have the right to regulate manufacturing.
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 |
|---|---|---|---|---|---|---|---|
| Jones v. Securities and Exchange Commission | 298 U.S. 1 (1936) | Sutherland | 6-3 | none | Cardozo (opinion; joined by Brandeis and Stone) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
| Hart v. Virginia | 298 U.S. 34 (1936) | per curiam | 9-0 | none | none | appeal from the Virginia Supreme Court (Va.) | judgment dismissed |
| Schenebeck v. McCrary | 298 U.S. 36 (1936) | per curiam | 9-0 | none | none | appeal from the Arkansas Supreme Court (Ark.) | judgment affirmed |
| St. Joseph Stock Yards Company v. United States | 298 U.S. 38 (1936) | Hughes | 9-0 | Roberts (without opinion); Brandeis (opinion); Stone and Cardozo (joint brief statement) | none | appeal from the United States District Court for the Western District of Missouri (W.D. Mo.) | decree affirmed |
| Hines, Administrator of Veterans' Affairs v. Stein | 298 U.S. 94 (1936) | McReynolds | 9-0 | none | none | certiorari to the Superior Court of Pennsylvania (Pa. Super.) | decree affirmed |
| Chicago Great Western Railroad Company v. Rambo | 298 U.S. 99 (1936) | McReynolds | 8-0[a] | none | none | certiorari to the Minnesota Supreme Court (Minn.) | judgment reversed, and cause remanded |
| United States v. Idaho | 298 U.S. 105 (1936) | Brandeis | 9-0 | none | none | appeal from the United States District Court for the District of Utah (D. Utah) | judgment affirmed |
| The Arizona v. Anelich | 298 U.S. 110 (1936) | Stone | 9-0 | none | none | certiorari to the Washington Supreme Court (Wash.) | judgment affirmed |
| Beadle v. Spencer | 298 U.S. 124 (1936) | Stone | 9-0 | none | none | certiorari to the California Supreme Court (Cal.) | judgment affirmed |
| International Business Machines v. United States | 298 U.S. 131 (1936) | Stone | 8-0[b] | none | none | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | judgment affirmed |
| Tipton v. Atchison, Topeka and Santa Fe Railroad Company | 298 U.S. 141 (1936) | Roberts | 9-0 | Cardozo (short statement) | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| Hartford Accident and Indemnity Company v. Illinois ex rel. McLaughlin, Director of Agriculture | 298 U.S. 155 (1936) | Roberts | 9-0 | none | none | appeal from the Illinois Supreme Court (Ill.) | judgment affirmed |
| Lowden v. Northwestern National Bank and Trust Company | 298 U.S. 160 (1936) | Cardozo | 9-0 | none | none | certified question from the United States Court of Appeals for the Eighth Circuit (8th Cir.) | certified question dismissed |
| Zimmern v. United States | 298 U.S. 167 (1936) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | decree reversed, and cause remanded |
| Pennsylvania Railroad Company v. Public Utilities Commission of Ohio | 298 U.S. 170 (1936) | Cardozo | 9-0 | none | none | appeal from the United States District Court for the Southern District of Ohio (S.D. Ohio) | decree affirmed |
| McNutt, Governor of Indiana v. General Motors Acceptance Corporation of Indiana | 298 U.S. 178 (1936) | Hughes | 8-0[c] | none | none | appeal from the United States District Court for the Southern District of Indiana (S.D. Ind.) | decree reversed, and cause remanded |
| McNutt, Governor of Indiana v. McHenry Chevrolet Company | 298 U.S. 190 (1936) | Hughes | 8-0[c] | none | none | appeal from the United States District Court for the Southern District of Indiana (S.D. Ind.) | decree reversed, and cause remanded |
| Wheeling Steel Corporation v. Fox, State Tax Commissioner of West Virginia | 298 U.S. 193 (1936) | Hughes | 9-0 | none | none | appeal from the West Virginia Circuit Courts (Ohio Cnty. Cir. Ct.) | judgment affirmed |
| Compagnie Generale Transatlantique v. Elting, Collector of Customs | 298 U.S. 217 (1936) | VanDevanter | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgments reversed, and causes remanded |
| Premier-Pabst Sales Company v. Grosscup | 298 U.S. 226 (1936) | Brandeis | 9-0 | none | none | appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) | judgment affirmed |
| Wallace v. Cutten | 298 U.S. 229 (1936) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| Carter v. Carter Coal Company | 298 U.S. 238 (1936) | Sutherland | mixed votes on multiple cases | Hughes (opinion, dissenting in part and concurring in part); Cardozo (opinion, joined by Brandeis and Stone, dissenting in part and concurring in part) | Hughes (opinion, dissenting in part and concurring in part); Cardozo (opinion, joined by Brandeis and Stone, dissenting in part and concurring in part) | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.), and to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decrees reversed (three cases); decree affirmed (one case) |
| McCandless v. United States | 298 U.S. 342 (1936) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed, and cause remanded |
| Baltimore and Ohio Railroad Company v. United States | 298 U.S. 349 (1936) | Butler | 9-0 | Brandeis (opinion; joined by Stone, Roberts, and Cardozo) | none | appeal from the United States District Court for the Eastern District of Virginia (E.D. Va.) | judgment affirmed |
| Graves, Governor of Alabama v. Texas Company | 298 U.S. 393 (1936) | Butler | 6-2[c] | none | Cardozo (opinion; joined by Brandeis) | appeal from the United States District Court for the Middle District of Alabama (M.D. Ala.) | judgment affirmed |
| Morf v. Bingaman, Commissioner of Revenue for New Mexico | 298 U.S. 407 (1936) | Stone | 9-0 | none | none | appeal from the United States District Court for the District of New Mexico (D.N.M.) | judgment affirmed |
| Bassick Manufacturing Company v. Hollingshead Company | 298 U.S. 415 (1936) | Roberts | 8-0[d] | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree affirmed (one case); decree reversed, and cause remanded (one case) |
| Acker v. United States | 298 U.S. 426 (1936) | Roberts | 9-0 | none | none | appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.) | decree reversed, and cause remanded |
| United States v. Corrick | 298 U.S. 435 (1936) | Roberts | 9-0 | none | none | appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.) | decree affirmed |
| Koshland v. Helvering, Commissioner of Internal Revenue | 298 U.S. 441 (1936) | Roberts | 7-2 | none | Stone and Cardozo (joint opinion) | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment reversed |
| Duplate Corporation v. Triplex Safety Glass Company | 298 U.S. 448 (1936) | Cardozo | 8-0[e] | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | affirmed as modified |
| Hill v. United States ex rel. Wampler | 298 U.S. 460 (1936) | Cardozo | 9-0 | none | none | certified questions from the United States Court of Appeals for the Third Circuit (3d Cir.) | certified questions answered |
| Morgan v. United States | 298 U.S. 468 (1936) | Hughes | 9-0 | none | none | appeal from the United States District Court for the Western District of Missouri (W.D. Mo.) | decree reversed, and cause remanded |
| United States v. Atlantic Mutual Insurance Company | 298 U.S. 483 (1936) | VanDevanter | 9-0 | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment reversed |
| United States v. Elgin, Joliet and Eastern Railway Company | 298 U.S. 492 (1936) | McReynolds | 6-3 | none | Stone (opinion; with which Brandeis and Cardozo concurred) | appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.) | decree affirmed |
| Ashton v. Cameron County Water Improvement District No. 1 | 298 U.S. 513 (1936) | McReynolds | 5-4 | none | Cardozo (opinion; joined by Hughes, Brandeis, and Stone) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment reversed, and cause remanded |
| United States v. Knott, Treasurer of Florida | 298 U.S. 544 (1936) | Brandeis | 9-0 | none | none | certiorari to the Florida Supreme Court (Fla.) | judgment reversed |
| Atlantic Lumber Company v. Commissioner of Corporations and Taxation of Massachusetts | 298 U.S. 553 (1936) | Sutherland | 9-0 | none | none | appeal from the Massachusetts Supreme Judicial Court (Mass.) | judgment affirmed |
| Arizona v. California | 298 U.S. 558 (1936) | Stone | 9-0 | none | none | original jurisdiction | petition for leave to file bill of complaint denied |
| Wyoming v. Colorado | 298 U.S. 573 (1936) | VanDevanter | 9-0 | none | none | original jurisdiction | injunction granted to Wyoming |
| Morehead, Warden v. New York ex rel. Tipaldo | 298 U.S. 587 (1936) | Butler | 5-4 | none | Hughes (opinion; joined by Brandeis, Stone, and Cardozo); Stone (opinion; joined by Brandeis and Cardozo) | certiorari to the New York Supreme Court (N.Y. Sup. Ct.) | judgment affirmed |
[a] Brandeis took no part in the case
[b] Roberts took no part in the case
[c] Stone took no part in the case
[d] Hughes took no part in the case
[e] VanDevanter took no part in the case