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  • 21 Aug, 2019

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List Of United States Supreme Court Cases, Volume 247

This is a list of cases reported in volume 247 of United States Reports, decided by the Supreme Court of the United States in 1918.

Justices of the Supreme Court at the time of volume 247 U.S.

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). 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 247 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
Edward Douglass White Chief Justice Louisiana Melville Fuller December 12, 1910
(Acclamation)
December 19, 1910

May 19, 1921
(Died)
Joseph McKenna Associate Justice California Stephen Johnson Field January 21, 1898
(Acclamation)
January 26, 1898

January 5, 1925
(Retired)
Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
William R. Day Associate Justice Ohio George Shiras Jr. February 23, 1903
(Acclamation)
March 2, 1903

November 13, 1922
(Retired)
Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
Mahlon Pitney Associate Justice New Jersey John Marshall Harlan March 13, 1912
(50–26)
March 18, 1912

December 31, 1922
(Resigned)
James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
John Hessin Clarke Associate Justice Ohio Charles Evans Hughes July 24, 1916
(Acclamation)
October 9, 1916

September 18, 1922
(Retired)

Notable Case in 247 U.S.

Hammer v. Dagenhart

In Hammer v. Dagenhart, 247 U.S. 251 (1918), the Supreme Court struck down a federal law regulating child labor. During the Progressive Era, public sentiment in the United States turned against what was perceived as increasingly intolerable child labor conditions. In response, Congress passed the Keating–Owen Act, prohibiting the sale in interstate commerce of any merchandise that had been made either by children under the age of fourteen, or by children under sixteen who worked more than sixty hours per week. By a 5-4 majority, the Supreme Court struck down the Keating–Owen Act, holding that the Commerce Clause did not give Congress the power to regulate working conditions. In a dissenting opinion, Justice Oliver Wendell Holmes Jr., joined by three other justices, argued that goods manufactured in one state and sold in other states were, by definition, interstate commerce, and so Congress should have power to regulate the manufacturing of those goods. In 1941 Hammer v. Dagenhart was overruled by the Court in United States v. Darby Lumber Co.

Citation style

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.

Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 247 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition of case
Shepard v. Barkley 1 (1918) White none none 8th Cir. affirmed
Cox v. Wood 3 (1918) White none none D. Kan. affirmed
Perlman v. United States 7 (1918) McKenna none none S.D.N.Y. affirmed
Gasquet v. Fenner 16 (1918) Holmes none none E.D. La. affirmed
Ex parte Southwestern Surety Insurance Company 19 (1918) White none none W.D.N.C. prohibition denied
York Manufacturing Company v. Colley 21 (1918) White none none Tex. Civ. App. reversed
Ex parte Abdu 27 (1918) White none Brandeis not indicated mandamus denied
United States v. United Shoe Machinery Company of New Jersey 32 (1918) McKenna none Day; Clarke D. Mass. affirmed
McGinis v. California I 91 (1918) McKenna none none Cal. Super. Ct. reversed
McGinis v. California II 95 (1918) McKenna none none Cal. Super. Ct. reversed
Erie Railroad Company v. Hilt 97 (1918) Holmes none none 3d Cir. reversed
Carney v. Chapman 102 (1918) Holmes none none Okla. affirmed
Western Union Telegraph Company v. Foster 105 (1918) Holmes none none multiple reversed
United States v. Biwabik Mining Company 116 (1918) Day none none 6th Cir. reversed
Goldfield Consolidated Mines Company v. Scott 126 (1918) Day none none 9th Cir. certification
Northwestern Mutual Life Insurance Company v. Wisconsin 132 (1918) Day none none Wis. affirmed
Marin v. Augedahl 142 (1918) VanDevanter none Clarke N.D. Dist. reversed
Peck and Company v. Lowe 165 (1918) VanDevanter none none S.D.N.Y. affirmed
United States v. Ferguson 175 (1918) VanDevanter none none 8th Cir. affirmed
Doyle v. Mitchell Brothers Company 179 (1918) Pitney none none 6th Cir. affirmed
Hays v. Gauley Mountain Coal Company 189 (1918) Pitney none none 4th Cir. reversed
United States v. Cleveland, Cincinnati, Chicago and St. Louis Railway Company 195 (1918) Pitney none none 6th Cir. affirmed
Chicago and Alton Railroad Company v. United States 197 (1918) McReynolds none none 7th Cir. affirmed
Louisville and Nashville Railroad Company v. Rice 201 (1918) McReynolds none none E.D. La. reversed
Union Pacific Railroad Company v. Laughlin 204 (1918) Brandeis none none Mo. Ct. App. dismissed
Friederichsen v. Renard 207 (1918) Clarke none none 8th Cir. reversed
Looney v. Eastern Texas Railroad Company 214 (1918) Clarke none none W.D. Tex. dismissed
Lynch v. Turrish 221 (1918) McKenna none none 8th Cir. affirmed
Ex parte Simons 231 (1918) Holmes none none S.D.N.Y. mandamus granted
Alice State Bank v. Houston Pasture Company 240 (1918) Holmes none none 5th Cir. reversed
Minnesota v. Lane 243 (1918) Day none none original dismissed
Hammer v. Dagenhart 251 (1918) Day none Holmes W.D.N.C. affirmed
Union Pacific Railroad Company v. Weld County 282 (1918) VanDevanter none none 8th Cir. dismissed
Jefferson v. Fink 288 (1918) VanDevanter none none Okla. affirmed
Hartranft v. Mullowny 295 (1918) Pitney none none D.C. Cir. dismissed
San Pedro, Los Angeles and Salt Lake Railroad Company v. United States 307 (1918) Pitney none none 9th Cir. dismissed
United States v. St. Paul, Minneapolis and Manitoba Railway Company 310 (1918) Pitney none none 9th Cir. reversed
United States Glue Company v. Town of Oak Creek 321 (1918) Pitney none none Wis. Cir. affirmed
Southern Pacific Company v. Lowe 330 (1918) Pitney none none S.D.N.Y. reversed
Lynch v. Hornby 339 (1918) Pitney none none 8th Cir. reversed
Peabody v. Eisner 347 (1918) Pitney none none S.D.N.Y. affirmed
Sunday Lake Iron Company v. Wakefield Township 350 (1918) McReynolds none none Mich. affirmed
McCoy v. Union Elevated Railroad Company 354 (1918) McReynolds none none Ill. affirmed
New Orleans and Northeastern Railroad Company v. Harris 367 (1918) McReynolds none none Miss. reversed
Chelentis v. Luckenbach Steamship Company, Inc. 372 (1918) McReynolds none none 2d Cir. affirmed
Philippine Sugar Estates Development Company, Ltd. v. Government of the Philippine Islands 385 (1918) Brandeis none none Phil. reversed
Supreme Council of The Royal Arcanum v. Behrend 394 (1918) Brandeis none none D.C. Cir. reversed
Toledo Newspaper Company v. United States 402 (1918) White none Holmes 6th Cir. affirmed
Grinnell Washing Machine Company v. E.E. Johnson Company 426 (1918) Day none none 7th Cir. affirmed
Exploration Company, Ltd. v. United States 435 (1918) Day none none 8th Cir. affirmed
Jim Butler Tonopah Mining Company v. West End Consolidated Mining Company 450 (1918) VanDevanter none none Nev. affirmed
Arkansas v. Tennessee 461 (1918) Pitney none none original continued
Postal Telegraph Cable Company v. City of Newport 464 (1918) Pitney none none Ky. reversed
Northern Pacific Railroad Company v. Solum 477 (1918) Brandeis none none Minn. multiple
Aikins v. Kingsbury 484 (1918) Clarke none none Cal. affirmed
Chicago, Milwaukee and St. Paul Railway Company v. Minneapolis Civic and Commerce Association 490 (1918) Clarke none none Minn. affirmed

Notes and references

  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.