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This is a list of cases reported in volume 289 of United States Reports, decided by the Supreme Court of the United States in 1933.

Justices of the Supreme Court at the time of volume 289 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).[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 289 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
Charles Evans Hughes Chief Justice New York William Howard Taft February 13, 1930
(52–26)
February 24, 1930

June 30, 1941
(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)
Harlan F. Stone Associate Justice New York Joseph McKenna February 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)
Owen Roberts Associate Justice Pennsylvania Edward Terry Sanford May 20, 1930
(Acclamation)
June 2, 1930

July 31, 1945
(Resigned)
Benjamin N. Cardozo Associate Justice New York Oliver Wendell Holmes Jr. February 24, 1932
(Acclamation)
March 14, 1932

July 9, 1938
(Died)

Notable Case in 289 U.S.

Hurn v. Oursler

In Hurn v. Oursler, 289 U.S. 238 (1933), the Supreme Court held that a significant federal question raised in a lawsuit can give jurisdiction to federal courts; even if the federal question is rejected on the merits, the federal court still has jurisdiction to decide the local question on the merits.

Federal court system

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.

List of cases in volume 289 U.S.

Case name Citation Opinion of the Court Vote Concurring opinion or statement Dissenting opinion or statement Procedural jurisdiction Result
Clark v. United States 289 U.S. 1 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) judgment affirmed
Anderson, Collector of Internal Revenue v. Wilson 289 U.S. 20 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment affirmed, and cause remanded
Bemis Brothers Bag Company v. United States 289 U.S. 28 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) judgment reversed
Williams v. City of Baltimore 289 U.S. 36 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) judgments reversed
University of Illinois v. United States 289 U.S. 48 (1933) Hughes 9-0 none none certiorari to the United States Court of Customs and Patent Appeals (C.C.P.A.) judgment affirmed
First National Bank of Shreveport v. Louisiana Tax Commission 289 U.S. 60 (1933) Brandeis 9-0 none none appeal from the Louisiana Supreme Court (La.) affirmed
Public Service Commission of Wisconsin v. Wisconsin Telephone Company 289 U.S. 67 (1933) Hughes 9-0 none none appeal from the United States District Court for the Western District of Wisconsin (W.D. Wis.) decree vacated, and cause remanded
Roberts v. Richland Irrigation District 289 U.S. 71 (1933) McReynolds 8-0[a] none none appeal from the Washington Supreme Court (Wash.) judgment affirmed
St. Louis Southwestern Railway Company v. Missouri Pacific Railroad Company 289 U.S. 76 (1933) Brandeis 9-0 none none certiorari to the Arkansas Supreme Court (Ark.) judgment affirmed
Consolidated Textile Corporation v. Gregory 289 U.S. 85 (1933) McReynolds 9-0 none none appeal from the Wisconsin Supreme Court (Wis.) judgment reversed, and cause remanded
Rossi v. United States 289 U.S. 89 (1933) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment affirmed
C.A. Bradley d/b/a Wolverine Motor Freight Lines v. Public Utilities Commission of Ohio 289 U.S. 92 (1933) Brandeis 9-0 none none appeal from the Ohio Supreme Court (Ohio) judgment affirmed
Gant v. Oklahoma City 289 U.S. 98 (1933) Sutherland 9-0 none none appeal from the Oklahoma Supreme Court (Okla.) decree affirmed
Levering and Garrigues Company v. Morrin 289 U.S. 103 (1933) Sutherland 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) decree affirmed
Lang v. Commissioner of Internal Revenue 289 U.S. 109 (1933) Sutherland 9-0 none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) decree affirmed
Moffat Tunnel League v. United States 289 U.S. 113 (1933) Butler 9-0 none none appeal from the United States District Court for the District of Delaware (D. Del.) judgment affirmed
Transit Commission v. United States 289 U.S. 121 (1933) Butler 9-0 none none appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) judgment affirmed
Public Service Commission of Montana v. Great Northern Utilities Company 289 U.S. 130 (1933) Butler 9-0 none none appeal from the United States District Court for the District of Montana (D. Mont.) judgment reversed
United States v. Flores 289 U.S. 137 (1933) Stone 9-0 none none appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) judgment reversed
United States v. Burroughs and James Cannon, Jr. 289 U.S. 159 (1933) Roberts 9-0 Cardozo (without opinion) none certified questions from the United States Court of Appeals for the District of Columbia (D.C. Cir.) certified questions answered
Royal Indemnity Company v. American Bond and Mortgage Company 289 U.S. 165 (1933) Roberts 9-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgments affirmed
Reinecke v. Smith 289 U.S. 172 (1933) Roberts 9-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment reversed
United States v. Dubilier Condenser Corporation 289 U.S. 178 (1933) Roberts 6-3 none Stone (opinion; with which Cardozo concurred); Hughes (opinion) certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) decrees affirmed
United States v. Darby 289 U.S. 224 (1933) Cardozo 9-0 none none appeal from the United States District Court for the District of Maryland (D. Md.) judgment reversed, and cause remanded
Buffum v. Peter Barceloux Company 289 U.S. 227 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) decree reversed
Hurn v. Oursler 289 U.S. 238 (1933) Sutherland 9-0 Brandeis and Stone think the decree should be affirmed without modification none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) decree modified in accordance with the foregoing opinion, and as modified, affirmed
Edelman, State Treasurer v. Boeing Air Transport, Inc. 289 U.S. 249 (1933) Stone 8-0[b] none none certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) judgment reversed
Young v. Masci 289 U.S. 253 (1933) Brandeis 9-0 none none appeal from the New Jersey Court of Errors and Appeals (N.J.) judgment affirmed
American Car and Foundry Company v. Brassert 289 U.S. 261 (1933) Hughes 9-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment affirmed
Federal Radio Commission v. Nelson Brothers Bond and Mortgage Company 289 U.S. 266 (1933) Hughes 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed, and cause remanded
Los Angeles Gas and Electric Corporation v. California Railroad Commission 289 U.S. 287 (1933) Hughes 6-2[b] none Butler (opinion; joined by Sutherland) appeal from the United States District Court for the Southern District of California (S.D. Cal.) decree affirmed
Harrisonville v. W.S. Dickey Clay Manufacturing Company 289 U.S. 334 (1933) Brandeis 9-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) judgment reversed
Gross v. Irving Trust Company 289 U.S. 342 (1933) Sutherland 9-0 none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) judgment affirmed
Mintz v. Baldwin, Commissioner of Agriculture and Markets of New York 289 U.S. 346 (1933) Butler 9-0 none none appeal from the United States District Court for the Northern District of New York (N.D.N.Y.) judgment affirmed
United States ex rel. Greathouse v. Dern, Secretary of War 289 U.S. 352 (1933) Stone 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment affirmed
Washington ex rel. Bond and Goodwin and Tucker, Inc. v. Superior Court of Washington for Spokane County 289 U.S. 361 (1933) Roberts 9-0 none none appeal from the Washington Supreme Court (Wash.) judgment affirmed
Daube v. United States 289 U.S. 367 (1933) Cardozo 9-0 none none certiorari to the United States Court of Claims (Ct. Cl.) judgment affirmed
George Moore Ice Cream Company v. Rose, Collector of Internal Revenue 289 U.S. 373 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) judgment reversed
Interstate Commerce Commission v. United States ex rel. Campbell 289 U.S. 385 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed
Wisconsin v. Illinois 289 U.S. 395 (1933) Hughes 9-0 none none original decree of special master revised
South Carolina v. Bailey 289 U.S. 412 (1933) McReynolds 7-2 none Brandeis and Butler (joint short statement) certiorari to the North Carolina Supreme Court (N.C.) judgment reversed, and cause remanded
United States ex rel. Volpe v. Smith, Director of Immigration 289 U.S. 422 (1933) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment affirmed
National Surety Company v. Coriell 289 U.S. 426 (1933) Brandeis 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed, and cause remanded
Ohio v. Chattanooga Boiler and Tank Company 289 U.S. 439 (1933) Brandeis 9-0 none none original judgment for plaintiff
Ex parte La Prade 289 U.S. 444 (1933) Butler 9-0 none none petition for writ of mandamus to the United States District Court for the District of Arizona (D. Ariz.) mandamus granted
Bevan v. Krieger 289 U.S. 459 (1933) Roberts 9-0 none none appeals from the Ohio Supreme Court (Ohio) judgment affirmed in one case; appeals dismissed in two cases
Quercia v. United States 289 U.S. 466 (1933) Hughes 9-0 none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) judgment reversed
Conrad, Rubin and Lesser v. Pender 289 U.S. 472 (1933) Hughes 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment affirmed
Johnson v. Manhattan Railway Company 289 U.S. 479 (1933) VanDevanter 7-0[c][d] Butler (without opinion) none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) decree affirmed
Leighton v. United States 289 U.S. 506 (1933) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) judgment affirmed
Ickes, Secretary of the Interior v. United States ex rel. Chestatee Pyrites and Chemical Company 289 U.S. 510 (1933) Brandeis 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed
O'Donoghue v. United States 289 U.S. 516 (1933) Sutherland 6-3 none Hughes, VanDevanter, and Cardozo (joint opinion) certified questions from the United States Court of Claims (Ct. Cl.) certified questions answered
Williams v. United States 289 U.S. 553 (1933) Sutherland 9-0 none none certified questions from the United States Court of Claims (Ct. Cl.) certified questions answered
Rogers v. Hill 289 U.S. 582 (1933) Butler 8-0[e] none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed, and cause remanded
Vermont v. New Hampshire 289 U.S. 593 (1933) Stone 8-0[c] none none original boundary set
Tait, Collector of Internal Revenue v. Western Maryland Railroad Company 289 U.S. 620 (1933) Roberts 9-0 none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) judgment affirmed
Texas and Pacific Railroad Company v. United States 289 U.S. 627 (1933) Roberts 5-4 none Stone (opinion; with which Hughes, Brandeis, and Cardozo concurred) appeal from the United States District Court for the Southern District of Texas (S.D. Tex.) judgment reversed, and cause remanded
Burnet, Commissioner of Internal Revenue v. Wells 289 U.S. 670 (1933) Cardozo 5-4 none Sutherland (opinion; with which VanDevanter, McReynolds, and Butler concurred) certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) judgment reversed
DuPont v. Commissioner of Internal Revenue 289 U.S. 685 (1933) Cardozo 9-0 VanDevanter, McReynolds, Sutherland, and Butler (joint short statement) none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) judgment affirmed
Sinclair Refining Company v. Jenkins Petroleum Process Company 289 U.S. 689 (1933) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) decrees affirmed
[a] Sutherland took no part in the case
[b] VanDevanter took no part in the case
[c] Hughes took no part in the case
[d] Brandeis took no part in the case
[e] Roberts took no part in the case

Notes and references

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

External links