List of United States Supreme Court cases, volume 309

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
List of United States Supreme Court cases, volume 309
38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789;235 years ago (1789-03-04)
Location Washington, D.C.
Coordinates 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized by Constitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Website supremecourt.gov

This is a list of cases reported in volume 309 of United States Reports , decided by the Supreme Court of the United States in 1939 and 1940.

Contents

Justices of the Supreme Court at the time of volume 309 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 309 were decided the Court comprised the following members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Charles Evans Hughes cph.3b15401.jpg Charles Evans Hughes Chief Justice New York William Howard Taft February 13, 1930
(52–26)
February 24, 1930

June 30, 1941
(Retired)
Jamescmcreynolds.jpg James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Chief Justice Harlan Fiske Stone photograph circa 1927-1932.jpg 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 J. Roberts cph.3b11988.jpg Owen Roberts Associate Justice Pennsylvania Edward Terry Sanford May 20, 1930
(Acclamation)
June 2, 1930

July 31, 1945
(Resigned)
HugoLaFayetteBlack.jpg Hugo Black Associate Justice Alabama Willis Van Devanter August 17, 1937
(63–16)
August 19, 1937

September 17, 1971
(Retired)
Stanley Reed.jpg Stanley Forman Reed Associate Justice Kentucky George Sutherland January 25, 1938
(Acclamation)
January 31, 1938

February 25, 1957
(Retired)
Frankfurter-Felix-LOC.jpg Felix Frankfurter Associate Justice Massachusetts Benjamin Nathan Cardozo January 17, 1939
(Acclamation)
January 30, 1939

August 28, 1962
(Retired)
Justice William O Douglas.jpg William O. Douglas Associate Justice Connecticut Louis Brandeis April 4, 1939
(62–4)
April 17, 1939

November 12, 1975
(Retired)
Justice Frank Murphy.jpg Frank Murphy Associate Justice Michigan Pierce Butler January 16, 1940
(Acclamation)
February 5, 1940

July 19, 1949
(Died)

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 309 U.S.

Case nameCitationOpinion of the CourtVoteConcurring opinion or statementDissenting opinion or statementProcedural jurisdictionResult
Miller v. Hatfield 309 U.S. 1 (1940) per curiam 8-0nonenone certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.)reversed
McGoldrick, Comptroller of the City of New York v. Gulf Oil Corporation 309 U.S. 2 (1940) per curiam 8-0nonenone certiorari to the New York Supreme Court (N.Y. Sup. Ct.)dismissed
Oklahoma Packing Company v. Oklahoma Gas and Electric Company 309 U.S. 4 (1939) Frankfurter8-0Hughes (opinion; joined by McReynolds and Roberts)none certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.)reversed
Real Estate-Land Title and Trust Company v. United States 309 U.S. 13 (1940) Douglas6-0[a][b]nonenone certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)affirmed
Yearsley v. W.A. Ross Trust Company 309 U.S. 18 (1940) Hughes8-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)affirmed
Carpenter v. Wabash Railroad Company 309 U.S. 23 (1940) Hughes8-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)vacated
Bell Telephone Company of Pennsylvania v. Pennsylvania Public Utilities Commission 309 U.S. 30 (1940) per curiam 8-0nonenone appeal from the Superior Court of Pennsylvania (Pa. Super. Ct.)dismissed
McGoldrick, Comptroller of the City of New York v. Berwind-White Coal Mining Company 309 U.S. 33 (1940) Stone5-3noneHughes (opinion; joined by McReynolds and Roberts) certiorari to the New York Supreme Court (N.Y. Sup. Ct.)reversed
McGoldrick, Comptroller of the City of New York v. Felt and Tarrant Manufacturing Company 309 U.S. 70 (1940) Stone5-3noneHughes, McReynolds, and Roberts (on the grounds of their dissent in McGoldrick, Comptroller of the City of New York v. Berwind-White Coal Mining Company ) certiorari to the New York Supreme Court (N.Y. Sup. Ct.)reversed
Morgan v. Commissioner of Internal Revenue 309 U.S. 78 (1940) Roberts8-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)affirmed
Madden v. Kentucky 309 U.S. 83 (1940) Reed6-2Hughes (short statement)Roberts (short statement; joined by McReynolds) appeal from the Kentucky Court of Appeals (Ky.)affirmed
James Stewart and Company v. Sadrakula 309 U.S. 94 (1940) Reed8-0nonenone appeal from the New York Supreme Court (N.Y. Sup. Ct.)affirmed
Helvering, Commissioner of Internal Revenue v. Hallock 309 U.S. 106 (1940) Frankfurter6-2Hughes (short statement)Roberts (opinion; joined by McReynolds) certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.)affirmed (one case); reversed (four cases)
Federal Communications Commission v. Pottsville Broadcasting Company 309 U.S. 134 (1940) Frankfurter8-0McReynolds (without opinion)none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)reversed
Fly v. Heitmeyer 309 U.S. 146 (1940) Frankfurter8-0McReynolds (without opinion)none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)reversed
Helvering, Commissioner of Internal Revenue v. Fitch 309 U.S. 149 (1940) Douglas7-1Reed (without opinion)McReynolds (without opinion) certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Illinois Central Railroad Company v. Minnesota 309 U.S. 157 (1940) Douglas8-0nonenone appeal from the Minnesota Supreme Court (Minn.)affirmed
United States ex rel. Midland Loan Finance Company v. National Surety Corporation 309 U.S. 165 (1940) Reed8-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)affirmed
McCarroll v. Dixie Greyhound Lines, Inc. 309 U.S. 176 (1940) McReynolds8-0[c]Stone (opinion; joined by Hughes, Roberts, and Reed)none appeal from the United States Court of Appeals for the Eighth Circuit (8th Cir.)affirmed
Deitrick v. Greaney 309 U.S. 190 (1940) Stone6-2[c]noneRoberts (opinion; joined by McReynolds) certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)reversed
National Labor Relations Board v. Waterman Steamship Corporation 309 U.S. 206 (1940) Black8-0[c]nonenone certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)reversed
Chambers v. Florida 309 U.S. 227 (1940) Black8-0[c]nonenone certiorari to the Florida Supreme Court (Fla.)reversed
Federal Housing Administration v. Burr 309 U.S. 242 (1940) Douglas8-0[c]nonenone certiorari to the Michigan Supreme Court (Mich.)affirmed
South Chicago Coal and Dock Company v. Bassett 309 U.S. 251 (1940) Hughes8-0[c]nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)affirmed
Amalgamated Utility Workers (C.I.O.) v. Consolidated Edison Company of New York 309 U.S. 261 (1940) Hughes8-0[c]nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
Minnesota ex rel. Pearson v. Probate Court of Ramsey County 309 U.S. 270 (1940) Hughes9-0nonenone appeal from the Minnesota Supreme Court (Minn.)affirmed
Helvering, Commissioner of Internal Revenue v. Kehoe 309 U.S. 277 (1940) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)reversed
Russel v. Todd 309 U.S. 280 (1940) Stone7-1[c]noneRoberts (without opinion) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
Fischer v. Pauline Oil and Gas Company 309 U.S. 294 (1940) Roberts8-0[c]nonenone certiorari to the Oklahoma Supreme Court (Okla.)reversed
Germantown Trust Company v. Commissioner of Internal Revenue 309 U.S. 304 (1940) Roberts9-0nonenone certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)reversed
Mayo, Commissioner of Agriculture of Florida v. Lakeland Highlands Canning Company 309 U.S. 310 (1940) Roberts5-3[c]noneFrankfurter (opinion; joined by Black and Douglas) appeal from the United States District Court for the Southern District of Florida (S.D. Fla.)reversed
Cobbledick v. United States 309 U.S. 323 (1940) Frankfurter8-0[c]nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)affirmed
Helvering, Commissioner of Internal Revenue v. Clifford 309 U.S. 331 (1940) Douglas7-2noneRoberts (opinion; joined by McReynolds) certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Helvering, Commissioner of Internal Revenue v. Wood 309 U.S. 344 (1940) Douglas9-0Roberts (without opinion)none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
National Licorice Company v. National Labor Relations Board 309 U.S. 350 (1940) Stone8-0[c]Douglas (short statement; joined by Black)none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed as modified
Paramino Lumber Company v. Marshall 309 U.S. 370 (1940) Reed7-1[c]noneMcReynolds (without opinion) appeal from the United States District Court for the Western District of Washington (W.D. Wash.)affirmed
Dickinson Industrial Site, Inc. v. Cowan 309 U.S. 382 (1940) Douglas9-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)affirmed
Sheldon v. Metro-Goldwyn Pictures Corporation 309 U.S. 390 (1940) Hughes8-0[d]nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
Helvering, Commissioner of Internal Revenue v. Price 309 U.S. 409 (1940) Hughes8-0[d]nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)reversed
McGoldrick, Comptroller of the City of New York v. Gulf Oil Corporation 309 U.S. 414 (1940) Stone8-0[d]nonenone certiorari to the New York Supreme Court (N.Y. Sup. Ct.)affirmed
McGoldrick, Comptroller of the City of New York v. Compagnie Generale Transatlantique 309 U.S. 430 (1940) Stone7-0[c][d]Hughes and Roberts (joint short statement)none certiorari to the New York Supreme Court (N.Y. Sup. Ct.)reversed
Ethyl Gasoline Corp. v. United States 309 U.S. 436 (1940) Stone7-0[a][d]nonenone appeal from the United States District Court for the Southern District of New York (S.D.N.Y.)affirmed
Helvering, Commissioner of Internal Revenue v. Bruun 309 U.S. 461 (1940) Roberts8-0[d]Hughesnone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Federal Communications Commission v. Sanders Brothers Radio Station 309 U.S. 470 (1940) Roberts8-0[d]nonenone certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)reversed
Thompson v. Magnolia Petroleum Company 309 U.S. 478 (1940) Black8-0[d]nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Kersh Lake Drainage District v. Johnson 309 U.S. 485 (1940) Black8-0[d]nonenone certiorari to the Arkansas Supreme Court (Ark.)affirmed
United States v. Shaw 309 U.S. 495 (1940) Reed8-0[d]nonenone certiorari to the Michigan Supreme Court (Mich.)reversed
United States v. United States Fidelity and Guaranty Company 309 U.S. 506 (1940) Reed8-0[d]nonenone certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.)reversed
Inland Waterways Corporation v. Young 309 U.S. 517 (1940) Frankfurter4-3[b][c]noneRoberts (opinion; joined by Hughes and McReynolds) certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)reversed
Woodring, Secretary of War v. Wardell 309 U.S. 527 (1940) Frankfurter4-3[b][c]noneHughes, McReynolds, and Roberts (for the reasons stated in their dissent in Inland Waterways Corporation v. Young ) certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)affirmed reversed
Whitney v. State Tax Commission of New York 309 U.S. 530 (1940) Frankfurter7-1[d]noneRoberts (short statement) appeal from the New York Surrogate's Court (N.Y. Sur. Ct.)affirmed
Puerto Rico v. Rubert Hermanos, Inc. 309 U.S. 543 (1940) Frankfurter8-0[d]nonenone certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)reversed
Minnesota v. National Tea Company 309 U.S. 551 (1940) Douglas5-3[d]noneHughes (opinion; joined by Stone and Roberts) certiorari to the Minnesota Supreme Court (Minn.)vacated
Tradesmens National Bank v. Oklahoma Tax Commission 309 U.S. 560 (1940) Murphy9-0nonenone appeal from the Oklahoma Supreme Court (Okla.)affirmed
Wisconsin v. Illinois 309 U.S. 569 (1940) per curiam 9-0nonenone original jurisdiction special master appointed
Wyoming v. Colorado 309 U.S. 572 (1940) Hughes9-0nonenone original jurisdiction petition of Wyoming denied
Western Union Telegraph Company v. Nester 309 U.S. 582 (1940) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)reversed
City of Yonkers v. Downey 309 U.S. 590 (1940) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
Maurer v. Hamilton, Secretary of Revenue of Pennsylvania 309 U.S. 598 (1940) Stone9-0nonenone appeal from the Pennsylvania Supreme Court (Pa.)affirmed
[a] Roberts took no part in the case
[b] Reed took no part in the case
[c] Murphy took no part in the case
[d] McReynolds took no part in the case

Notes and references

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