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  • 21 Aug, 2019

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List Of United States Supreme Court Cases, Volume 273

This is a list of cases reported in volume 273 of United States Reports, decided by the Supreme Court of the United States in 1927.

Justices of the Supreme Court at the time of volume 273 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 273 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
William Howard Taft Chief Justice Connecticut Edward Douglass White June 30, 1921
(Acclamation)
July 11, 1921

February 3, 1930
(Retired)
Oliver Wendell Holmes Jr. Associate Justice Massachusetts Horace Gray December 4, 1902
(Acclamation)
December 8, 1902

January 12, 1932
(Retired)
Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
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)
George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)
Pierce Butler Associate Justice Minnesota William R. Day December 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Edward Terry Sanford Associate Justice Tennessee Mahlon Pitney January 29, 1923
(Acclamation)
February 19, 1923

March 8, 1930
(Died)
Harlan F. Stone Associate Justice New York Joseph McKenna February 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)

Notable Cases in 273 U.S.

McGrain v. Daugherty

McGrain v. Daugherty, 273 U.S. 135 (1927), was a challenge to Mally Daugherty's contempt conviction and arrest, which happened when he failed to appear before a Senate committee investigating the failure of his brother, Attorney General Harry Daugherty, to investigate the perpetrators of the Teapot Dome Scandal. The Supreme Court upheld his conviction, holding for the first time that under the Constitution, Congress has the power to compel witnesses to appear and provide testimony.

Farrington v. Tokushige

Farrington v. Tokushige, 273 U.S. 284 (1927), was a case in which the Supreme Court struck down the Territory of Hawaii's statute making it illegal for schools to teach foreign languages without a permit, as it violated the due process clause of the Fifth Amendment.

Tumey v. Ohio

In Tumey v. Ohio, 273 U.S. 510 (1927), the Supreme Court struck down an Ohio law that financially rewarded public officials for successfully prosecuting cases related to Prohibition. The Court's decision in this case continues to provide precedent today in many cases involving judicial impartiality.

Nixon v. Herndon

Nixon v. Herndon, 273 U.S. 536 (1927), is a United States Supreme Court decision striking down a 1923 Texas law forbidding blacks from voting in the Texas Democratic Party primary. Due to the limited amount of Republican Party activity in Texas at the time following the suppression of black voting through poll taxes, the Democratic Party primary was essentially the only competitive process and chance to choose candidates for the Senate, House of Representatives and state offices. This case was one of four supported by the National Association for the Advancement of Colored People (NAACP) that challenged the Texas Democratic Party's all-white primary, which was finally prohibited in the Supreme Court ruling Smith v. Allwright in 1944.

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 273 U.S.

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Albrecht v. United States 1 (1927) Brandeis none none E.D. Ill. affirmed
Florida v. Mellon 12 (1927) Sutherland none none original filing denied
Myers v. Hurley Motor Company 18 (1927) Sutherland none none D.C. Cir. certification
Byars v. United States 28 (1927) Sutherland none none 8th Cir. reversed
Di Santo v. Pennsylvania 34 (1927) Butler none Brandeis; Stone Pa. reversed
Interstate Busses Corporation v. Holyoke Street Railway Company 45 (1927) Butler none none D. Mass. affirmed
Federal Trade Commission v. Pacific States Paper Trade Association 52 (1927) Butler none none 9th Cir. multiple
Maguire and Company v. United States 67 (1927) Sanford none none Ct. Cl. affirmed
Liberty Warehouse Company v. Grannis 70 (1927) Sanford none none E.D. Ky. affirmed
Wong Tai v. United States 77 (1927) Sanford none none N.D. Cal. affirmed
Public Utilities Commission of Rhode Island v. Attleboro Steam and Electric Company 83 (1927) Sanford none none R.I. affirmed
McGuire v. United States 95 (1927) Stone none none 2d Cir. certification
Goodyear Tire and Rubber Company v. United States 100 (1927) Stone none none Ct. Cl. reversed
United States ex rel. Vajtauer v. Commissioner of Immigration 103 (1927) Stone none none S.D.N.Y. affirmed
Waggoner Estate v. Wichita County 113 (1927) Stone none none 5th Cir. affirmed
James-Dickinson Farm Mortgage Company v. Harry 119 (1927) Brandeis none none E.D. Ill. multiple
Missouri ex rel. Wabash Railroad Company v. Missouri Public Service Commission 126 (1927) Stone none none Mo. reversed
Mosler Safe Company v. Ely-Norris Safe Company 132 (1927) Holmes none none 2d Cir. reversed
McGrain v. Daugherty 135 (1927) VanDevanter none none S.D. Ohio reversed
Great Northern Railroad Company v. Sutherland 182 (1927) Brandeis none none S.D.N.Y. affirmed
Jones v. Prairie Oil and Gas Company 195 (1927) Holmes none none N.D. Okla. affirmed
Jacob Reed's Sons v. United States 200 (1927) Brandeis none none Ct. Cl. affirmed
United States v. Noveck 202 (1927) Brandeis none none S.D.N.Y. reversed
Hartford Accident and Indemnity Company v. Southern Pacific Company 207 (1927) Taft none none 5th Cir. affirmed
Charleston Mining Company v. United States 220 (1927) Taft none none 5th Cir. affirmed
Barrett Company v. United States 227 (1927) Taft none none Ct. Cl. reversed
De Forest Radio Telephone Company v. United States 236 (1927) Taft none none Ct. Cl. affirmed
Hellmich v. Missouri Pacific Railroad Company 242 (1927) Taft none none 8th Cir. reversed
Oklahoma Natural Gas Company v. Oklahoma 257 (1927) Taft none none Okla. substitution denied
United States v. Ritterman 261 (1927) Holmes none none 2d Cir. reversed
American Railway Express Company v. Kentucky 269 (1927) McReynolds none none Ky. affirmed
American Railway Express Company v. Royster Guano Company 274 (1927) McReynolds none none Va. Sp. Ct. App. affirmed
Louisiana and Western Railroad Company v. Gardiner 280 (1927) McReynolds none none La. Cir. Ct. App. reversed
Farrington v. Tokushige 284 (1927) McReynolds none none 9th Cir. affirmed
United States v. Los Angeles and Salt Lake Railroad Company 299 (1927) Brandeis none none S.D. Cal. reversed
Pueblo of Santa Rosa v. Fall 315 (1927) Sutherland none none D.C. Cir. reversed
Louisville and Nashville Railroad Company v. United States 321 (1927) Sutherland none none Ct. Cl. affirmed
Davis Sewing Machine Company v. United States 324 (1927) Sutherland none none Ct. Cl. affirmed
Sacramento Navigation Company v. Salz 326 (1927) Sutherland none none 9th Cir. reversed
Smyer v. United States 333 (1927) Sutherland none none 5th Cir. reversed
United States v. Burton Coal Company 337 (1927) Butler none none Ct. Cl. affirmed
Missouri Pacific Railroad Company v. Porter 341 (1927) Butler none none Ark. reversed
Bowers v. New York and Albany Lighterage Company 346 (1927) Butler none none 2d Cir. affirmed
Quon Quon Poy v. Johnson 352 (1927) Sanford none none D. Mass. affirmed
Eastman Kodak Company of New York v. Southern Photo Materials Company 359 (1927) Sanford none none 5th Cir. affirmed
Myers v. International Trust Company 380 (1927) Sanford none none Mass. Super. Ct. affirmed
Fred T. Ley and Company, Inc. v. United States 386 (1927) Stone none none Ct. Cl. affirmed
Smith v. Wilson 388 (1927) Stone none none S.D. Tex. dismissed
United States v. Trenton Potteries Company 392 (1927) Stone none none 2d Cir. reversed
Swiss Oil Corporation v. Shanks 407 (1927) Stone none none Ky. affirmed
Hayman v. City of Galveston 414 (1927) Stone none none S.D. Tex. affirmed
Tyson and Brother v. Banton 418 (1927) Sutherland none Holmes; Stone; Sanford S.D.N.Y. reversed
Pan American Petroleum and Transport Company v. United States 456 (1927) Butler none none 9th Cir. affirmed
Tumey v. Ohio 510 (1927) Taft none none Ohio reversed
Nixon v. Herndon 536 (1927) Holmes none none W.D. Tex. reversed
Ingenohl v. Olsen and Company 541 (1927) Holmes none none Phil. reversed
Shukert v. Allen 545 (1927) Holmes none none 8th Cir. reversed
First National Bank of Hartford v. City of Hartford 548 (1927) Stone none none Wis. reversed
Minnesota v. First National Bank of St. Paul 561 (1927) Stone none none Minn. affirmed
Georgetown National Bank v. McFarland 568 (1927) Stone none none Ky. affirmed
United States v. Shelby Iron Company 571 (1927) Taft none none 5th Cir. reversed
Shields v. United States 583 (1927) Taft none none 3d Cir. reversed
Kelley v. Oregon 589 (1927) Taft none none Or. dismissed
Ford v. United States 593 (1927) Taft none none 9th Cir. affirmed
Railroad and Warehouse Commission of Minnesota v. Duluth Street Railway Company 625 (1927) Holmes none none D. Minn. affirmed
Beech-Nut Packing Company v. P. Lorillard Company 629 (1927) Holmes none none 3d Cir. affirmed

Notes and references

  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  2. ^ Blount, Jim, "U. S. Supreme Court decision stopped crusading village mayors Archived 2007-10-26 at the Wayback Machine,” Journal-News, February 12, 2003. Retrieved on 3/30/2008.
  3. ^ Tumey v. Ohio,” Ohio History Central, July 1, 2005. Retrieved on 3/9/2008.
  4. ^ Layman, James, “Judicial Campaign Speech Regulation: Integrity or Incentives?,” Georgetown University Law Center, Summer 2006.