List of United States Supreme Court cases, volume 173 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 173 of United States Reports, decided by the Supreme Court of the United States in 1899.

Justices of the Supreme Court at the time of volume 173 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 173 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 173 U.S.

See also: Fuller Court.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Pierce v. Tennessee Coal, Iron and Railroad Company 1 (1899) Graynone none reversed
Towson v. Moore 17 (1899) Graynone none affirmed
Lomax v. Pickering 26 (1899) Brownnone none affirmed
Wilson v. City of Eureka 32 (1899) McKennanone none affirmed
McIntire v. Pryor 38 (1899) Brownnone none affirmed
Calhoun v. Violet 60 (1899) Whitenone none affirmed
Dunlap v. United States 65 (1899) Fullernone none affirmed
United States v. Navarre 77 (1899) McKennanone none affirmed
Collier v. United States 79 (1899) Whitenone none affirmed
Central Loan and Trust Company v. Campbell Commission Company 84 (1899) Whitenone none reversed
Sioux City Terminal Railroad and Warehouse Company v. Trust Company of North America 99 (1899) Whitenone none affirmed
Bausman v. Dixon 113 (1899) Fullernone none dismissed
Mullen v. Western Union Beef Company 116 (1899) Fullernone none dismissed
Henrietta Mining and Milling Company v. Gardner 123 (1899) McKennanone none Sup. Ct. Terr. Ariz.reversed
Merrill v. National Bank of Jacksonville 131 (1899) Fullernone White; Gray affirmed
Green Bay and Mississippi Canal Company v. Patten Paper Company 179 (1899) Shirasnone none rehearing denied
City of New Orleans v. Quinlan 191 (1899) Fullernone none affirmed
Dewey v. City of Des Moines 193 (1899) Peckhamnone none reversed
First National Bank v. Chapman 205 (1899) Peckhamnone none affirmed
Henrietta Mining and Milling Company v. Johnson 221 (1899) Brownnone none affirmed
Henrietta Mining and Milling Company v. Hill 225 (1899) Brownnone none affirmed
Baltimore and Ohio Railroad Company v. Joy 226 (1899) Harlannone none certification
City of Covington v. Kentucky 231 (1899) Harlannone none affirmed
Lake County v. Dudley 243 (1899) Harlannone none 8th Cir.reversed
Gunnison County v. E.H. Rollins Sons 255 (1899) Harlannone none 8th Cir.reversed
Ohio v. Thomas 276 (1899) Peckhamnone none 6th Cir.affirmed
Lake Shore and Michigan Southern Railway Company v. Ohio 285 (1899) Harlannone Shiras; White affirmed
Nugent v. Arizona Improvement Company 338 (1899) Harlannone none reversed
Texas and Pacific Railway Company v. Clayton 348 (1899) Harlannone none affirmed
United States v. Johnson 363 (1899) Harlannone none 2d Cir.certification
United States v. Matthews 381 (1899) WhiteBrown none affirmed
Allen v. Smith 389 (1899) Brownnone none reversed
St. Louis, Iron Mountain and St. Paul Railway Company v. Paul 404 (1899) Fullernone none affirmed
Price v. Forrest 410 (1899) Harlannone none affirmed
Smith v. Burnett 430 (1899) Fullernone none affirmed
Yerke v. United States 439 (1899) McKennanone none affirmed
Remington Paper Company v. Watson 443 (1899) McKennanone none dismissed
Ex parte Ward 452 (1899) Fullernone none habeas corpus denied
Third Street and Suburban Railway Company v. Lewis 457 (1899) Fullernone none dismissed
Turner v. Wilkes County 461 (1899) Peckhamnone none dismissed
United States v. New York Indians 464 (1899) Brownnone none dismissed
Brown v. Hitchcock 473 (1899) Brewernone none affirmed
Allen v. Southern Pacific Railroad Company 479 (1899) Whitenone none dismissed
Medbury v. United States 492 (1899) Peckhamnone none affirmed
Blythe v. Hinckley 501 (1899) Fullernone none dismissed
Nicol v. Ames 509 (1899) Peckhamnone none affirmed
Guthrie National Bank v. City of Guthrie 528 (1899) Peckhamnone none Sup. Ct. Terr. Okla.reversed
The Chattahoochee 540 (1899) Brownnone none affirmed
Cooper v. Newell 555 (1899) Fullernone none certification
Pope v. Louisville, New Albany and Chicago Railway Company 573 (1899) Fullernone none 7th Cir.dismissed
Guarantee Company v. Mechanics' Savings Bank and Trust Company 582 (1899) Harlannone none 6th Cir.reversed
Duluth and Iron Range Railroad Company v. Roy 587 (1899) McKennanone none Minn.affirmed
Henderson Bridge Company v. City of Henderson I 592 (1899) Harlannone none affirmed
Henderson Bridge Company v. City of Henderson II 624 (1899) Harlannone none affirmed
Security Trust Company v. Dodd Mead and Company 624 (1899) Brownnone none certification
Citizens' Savings Bank of Owensboro v. City of Owensboro 636 (1899) Whitenone Brown affirmed
Deposit Bank of Owensboro v. City of Owensboro 662 (1899) Whitenone none affirmed
Owensboro National Bank v. City of Owensboro 664 (1899) Whitenone none reversed
Lake Shore and Michigan Southern Railway Company v. Smith 684 (1899) Peckhamnone none Mich.reversed

See also

External links

Notes and References

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