List of United States Supreme Court cases, volume 273
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Established | March 4, 1789 |
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Authorized by | Constitution of the United States, Art. III, § 1 |
Judge term length | life tenure, subject to impeachment and removal |
Number of positions | 9 (by statute) |
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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.
[edit]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 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.
[edit]McGrain v. Daugherty
[edit]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
[edit]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
[edit]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.[2][3] The Court's decision in this case continues to provide precedent today in many cases involving judicial impartiality.[4]
Nixon v. Herndon
[edit]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
[edit]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.
- "# Cir." = United States Court of Appeals
- e.g., "3d Cir." = United States Court of Appeals for the Third Circuit
- "D." = United States District Court for the District of . . .
- e.g.,"D. Mass." = United States District Court for the District of Massachusetts
- "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
- e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
- "Ct. Cl." = United States Court of Claims
- The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
- e.g.,"Pa." = Supreme Court of Pennsylvania
- e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in volume 273 U.S.
[edit]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
[edit]- ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
- ^ 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.
- ^ “Tumey v. Ohio,” Ohio History Central, July 1, 2005. Retrieved on 3/9/2008.
- ^ Layman, James, “Judicial Campaign Speech Regulation: Integrity or Incentives?,” Georgetown University Law Center, Summer 2006.
External links
[edit]- [1] Case reports in volume 273 from Library of Congress
- [2] Case reports in volume 273 from Court Listener
- [3] Case reports in volume 273 from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 273 from Google Scholar
- [5] Case reports in volume 273 from Justia
- [6] Case reports in volume 273 from Open Jurist
- Website of the United States Supreme Court
- United States Courts website about the Supreme Court
- National Archives, Records of the Supreme Court of the United States
- American Bar Association, How Does the Supreme Court Work?
- The Supreme Court Historical Society