List of United States Supreme Court cases, volume 256 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 256 of United States Reports, decided by the Supreme Court of the United States in 1921.

Justices of the Supreme Court at the time of volume 256 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 256 were decided the Court comprised the following nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Edward Douglass WhiteChief JusticeLouisianaMelville Fuller
(Acclamation)


May 19, 1921
(Died)
Joseph McKennaAssociate JusticeCaliforniaStephen Johnson Field
(Acclamation)


January 5, 1925
(Retired)
Oliver Wendell Holmes Jr.Associate JusticeMassachusettsHorace Gray
(Acclamation)


January 12, 1932
(Retired)
William R. DayAssociate JusticeOhioGeorge Shiras Jr.
(Acclamation)


November 13, 1922
(Retired)
Willis Van DevanterAssociate JusticeWyomingEdward Douglass White (as Associate Justice)
(Acclamation)


June 2, 1937
(Retired)
Mahlon PitneyAssociate JusticeNew JerseyJohn Marshall Harlan
(50–26)


December 31, 1922
(Resigned)
James Clark McReynoldsAssociate JusticeTennesseeHorace Harmon Lurton
(44–6)


January 31, 1941
(Retired)
Louis BrandeisAssociate JusticeMassachusettsJoseph Rucker Lamar
(47–22)


February 13, 1939
(Retired)
John Hessin ClarkeAssociate JusticeOhioCharles Evans Hughes
(Acclamation)


September 18, 1922
(Retired)

Notable Cases in volume 256 U.S.

Block v. Hirsh

In Block v. Hirsh, 256 U.S. 135 (1921), the Supreme Court upheld a temporary rent control law in the District of Columbia. It set a precedent in American law that government can regulate housing conditions during times of emergency to maintain or improve living conditions.[2] In 1924, however, the rental property statute upheld in the case reached the Court for a second review. This time, despite the language being the same, the statute was struck down. The Court held that the emergency necessitating the measure had passed, and that that which "justified interference with ordinarily existing property rights as of 1919 had come to an end by 1922."[3]

Newberry v. United States

Newberry v. United States, 256 U.S. 232 (1921), is a decision by the Supreme Court which held that the United States Constitution did not grant the United States Congress the authority to regulate political party primaries or nomination processes. The Court struck down 1911 amendments to the Federal Corrupt Practices Act which placed spending limits on candidate and political election committee spending in primaries or other nomination processes for federal office.

Brown v. United States

In Brown v. United States, 256 U.S. 335 (1921), the Supreme Court held that if a person is attacked, and that person reasonably believes that they are in immediate danger of death or grievous bodily injury, then they have no duty to retreat and may stand their ground; if they kill the attacker they have not exceeded the bounds of lawful self-defense. In writing the opinion, Justice Oliver Wendell Holmes stated “Detached reflection cannot be demanded in the presence of an uplifted knife. Therefore, in this Court, at least, it is not a condition of immunity that one in that situation should pause to consider whether a reasonable man might not think it possible to fly with safety or to disable his assailant rather than to kill him.”

Dillon v. Gloss

Dillon v. Gloss, 256 U.S. 368 (1921), is a case in which the Supreme Court held that Congress, when proposing a constitutional amendment under the authority given to it by Article V of the Constitution, may fix a definite period for its ratification, and further, that the reasonableness of the seven-year period, fixed by Congress in the resolution proposing the Eighteenth Amendment is beyond question.

Citation style

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.

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

List of cases in volume 256 U.S.

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Chase v. United States 1 (1921)McKennanonenone8th Cir.affirmed
Gilpin v. United States 10 (1921)McKennanonenone8th Cir.affirmed
United States v. Smith 11 (1921)McKennanonenoneCt. Cl.affirmed
Silver King Coalition Mines Company v. Conkling Mining Company 18 (1921)Holmesnonenone8th Cir.reversed
Arkansas v. Mississippi 28 (1921)per curiamnonenoneoriginalboundary set
Baldwin Company v. R.S. Howard Company 35 (1921)DaynonenoneD.C. Cir.dismissed
American Steel Foundries v. Whitehead 40 (1921)DaynonenoneD.C. Cir.dismissed
Minnesota ex rel. Whipple v. Martinson 41 (1921)DaynonenoneMinn.affirmed
Galbraith v. Vallely 46 (1921)Daynonenone8th Cir.reversed
United States v. Northern Pacific Railroad Company 51 (1921)VanDevanternonenone9th Cir.reversed
Oklahoma v. Texas 70 (1921)Pitneynonenoneoriginalboundary set
Ownbey v. Morgan 94 (1921)PitneynoneWhiteDel.affirmed
Economy Light and Power Company v. United States 113 (1921)Pitneynonenone7th Cir.affirmed
Wall v. Chesapeake and Ohio Railway Company 125 (1921)McReynoldsnonenoneIll.dismissed
Bank of Minden v. Clement 126 (1921)McReynoldsnonenoneLa.reversed
Miller and Lux, Inc. v. Sacramento and San Joaquin Drainage District 129 (1921)McReynoldsnonenoneCal.dismissed
Ex parte National Park Bank of New York 131 (1921)Brandeisnonenone5th Cir.mandamus denied
Missouri Pacific Railroad Company v. McGrew Coal Company 134 (1921)Brandeis nonenoneMo.affirmed
Block v. Hirsh 135 (1921)HolmesnoneMcKennaD.C. Cir.reversed
Marcus Brown Holding Company v. Feldman 170 (1921)HolmesnoneMcKennaS.D.N.Y.affirmed
Privett v. United States 201 (1921)VanDevanternonenone8th Cir.affirmed
Atchison, Topeka and Santa Fe Railway Company v. United States 205 (1921)VanDevanternonenoneCt. Cl.reversed
Frey and Son, Inc. v. Cudahy Packing Company 208 (1921)McReynoldsnonePitney4th Cir.affirmed
Nickel v. Cole 222 (1921)HolmesnonenoneNev.affirmed
St. Louis–San Francisco Railway Company v. Middlekamp 226 (1921)HolmesnonenoneW.D. Mo.affirmed
Newberry v. United States 232 (1921)McReynoldsMcKenna, PitneyWhiteW.D. Mich.reversed
New York v. New Jersey296 (1921)Clarkenonenoneoriginaldismissed
St. Louis and East St. Louis Electric Railway Company v. Missouri ex rel. Hagerman 314 (1921)ClarkenonenoneMo.affirmed
Blanset v. Cardin 319 (1921)McKennanonenone8th Cir.affirmed
Philadelphia and Reading Railroad Company v. Di Donato 327 (1921)McKennanonenonePa.reversed
Philadelphia and Reading Railroad Company v. Polk 332 (1921)McKennanonenonePa.reversed
Brown v. United States 335 (1921)Holmesnonenone5th Cir.reversed
New York Trust Company v. Eisner 345 (1921)HolmesnonenoneS.D.N.Y.affirmed
American Bank and Trust Company v. Federal Reserve Bank of Atlanta 350 (1921)Holmesnonenone5th Cir.reversed
Heitmuller v. Stokes 359 (1921)DaynonenoneD.C. Cir.reversed
Krichman v. United States 363 (1921)Daynonenone2d Cir.reversed
Dillon v. Gloss 368 (1921)VanDevanternonenoneN.D. Cal.affirmed
LaBelle Iron Works v. United States 377 (1921)PitneynonenoneCt. Cl.affirmed
Frederick v. Fidelity Mutual Life Insurance Company of Philadelphia 395 (1921)PitneynonenonePa. Super. Ct.affirmed
Yee Won v. White 399 (1921)McReynoldsnonenone9th Cir.affirmed
United States v. Aetna Explosives Company 402 (1921)McReynoldsnonenoneCt. Cust. App.affirmed
New York Central Railroad Company v. York and Whitney Company 406 (1921)McReynoldsnonenoneMass. Super. Ct.multiple
Vicksburg, Shreveport and Pacific Railway Company v. Anderson-Tully Company 408 (1921)Clarkenonenone5th Cir.affirmed
Ex parte Matthew Addy Steamship and Commerce Corporation 417 (1921)ClarkenonenoneE.D. Va.mandamus denied
Bethlehem Motors Corporation v. Flynt 421 (1921)McKennanonenoneN.C.reversed
Michigan Central Railroad Company v. Mark Owen and Company 427 (1921)McKennanoneMcReynoldsIll.affirmed
Garland's Heirs v. Choctaw Nation 439 (1921)McKennanonenoneCt. Cl.reversed
United States v. American Chicle Company 446 (1921)HolmesnonenoneS.D.N.Y.reversed
United States v. Yuginovich 450 (1921)DaynonenoneD. Or.affirmed
Burdeau v. McDowell 465 (1921)DaynoneBrandeisW.D. Pa.reversed
McLaren v. Fleischer 477 (1921)VanDevanternonenoneCal.affirmed
Culpepper v. Ocheltree 483 (1921)VanDevanternonenoneCal.affirmed
United States v. Bowling 484 (1921)VanDevanternonenone8th Cir.reversed
Ex parte New York I 490 (1921)PitneynonenoneW.D.N.Y.prohibition issued
Ex parte New York II 503 (1921)PitneynonenoneW.D.N.Y.prohibition issued
Ex parte Lincoln Gas and Electric Light Company 512 (1921)PitneynonenoneD. Neb.mandamus denied
Anchor Oil Company v. Gray 519 (1921)Pitneynonenone8th Cir.affirmed
United States v. Hutto I 524 (1921)PitneynonenoneW.D. Okla.reversed
United States v. Hutto II 530 (1921)PitneynonenoneW.D. Okla.reversed
Choctaw, Oklahoma and Gulf Railroad Company v. Mackey 531 (1921)Brandeisnonenone8th Cir.affirmed
Yazoo and Mississippi Valley Railroad Company v. Nichols Company 540 (1921)Brandeis nonenoneMiss.affirmed
United States v. Pfitsch 547 (1921)BrandeisnonenoneS.D.N.Y.dismissed
Missouri Pacific Railroad Company v. Ault 554 (1921)Brandeis nonenoneArk.reversed
Norfolk Southern Railroad Company v. Owens 565 (1921)BrandeisnonenoneN.C.reversed
Western Union Telegraph Company v. Esteve Brothers and Company 566 (1921)Brandeisnonenone5th Cir.reversed
Sutton v. United States 575 (1921)BrandeisnonenoneCt. Cl.affirmed
District of Columbia v. Andrews Paper Company582 (1921)ClarkenonenoneD.C. Cir.reversed
Dane v. Jackson 589 (1921)ClarkenonenoneMass.affirmed
Oklahoma v. Texas 602 (1921)per curiamnonenoneoriginalcontinued
Missouri, Kansas and Texas Railway Company v. United States 610 (1921)HolmesnonenoneCt. Cl.affirmed
Ex parte Bey 616 (1921)VanDevanternonenonenot indicatedmandamus denied
Texas Company v. Hogarth Shipping Company, Ltd. 619 (1921)VanDevanternonenone2d Cir.affirmed
United States v. Woodward 632 (1921)VanDevanternonenoneCt. Cl.affirmed
Merchants' National Bank of Richmond v. City of Richmond 635 (1921)PitneynonenoneVa.reversed
Bowman v. Continental Oil Company 642 (1921)PitneynonenoneD.N.M.reversed
Harris v. District of Columbia 650 (1921)McReynoldsnonenoneD.C. Cir.certification
Seaboard Air Line Railroad Company v. United States 655 (1921)McReynoldsnonenoneCt. Cl.reversed
Kansas City Southern Railway Company v. Road Improvement District Number 6 of Little River County, Arkansas658 (1921)McReynoldsnonenoneArk.reversed
Western Union Telegraph Company v. Poston 662 (1921)BrandeisnonenoneS.C.reversed
Weber Electric Company v. Freeman Electric Company 668 (1921)Clarkenonenone3d Cir.affirmed

External links

Notes and References

  1. Web site: Supreme Court Research Guide . 7 April 2021 . Georgetown Law Library.
  2. Book: Melz, Robert. The Takings Issue: Constitutional Limits on Land-Use Control and Environmental Regulation. 1995. Island Press. 978-1-55963-380-2. 299.
  3. Book: Renstrom, Peter G.. The Taft Court: Justices, Rulings and Legacy. 2003. ABC-CLIO Ltd. 978-1-57607-280-6. 117.