List of United States Supreme Court cases, volume 296

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789;234 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 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 296 of United States Reports , decided by the Supreme Court of the United States in 1935 and 1936.

Contents

Justices of the Supreme Court at the time of volume 296 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 296 were decided the Court comprised the following nine 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)
Willis Van Devanter.jpg Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice)December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
Jamescmcreynolds.jpg James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Brandeisl.jpg Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
Justice George Sutherland 5.jpg George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

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

November 16, 1939
(Died)
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)
Benjamin Cardozo.jpg Benjamin N. Cardozo Associate Justice New York Oliver Wendell Holmes Jr. February 24, 1932
(Acclamation)
March 14, 1932

July 9, 1938
(Died)

Notable Cases in 296 U.S.

Pacific States Box and Basket Company v. White

Pacific States Box and Basket Company v. White , 296 U.S. 176 (1935), arose after The Oregon Division of Plant Industries, having been granted the power to prevent fraud or deception and to promote, protect, further or develop the horticultural interests of the state, prescribed the type, size and shape of containers for the sale of strawberries and raspberries. A California manufacturer of fruit and vegetable containers challenged the rule as arbitrary and capricious in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. On appeal, the Supreme Court held that "where the regulation is within the scope of authority legally delegated, the presumption of the existence of facts justifying its specific exercise attaches alike to statutes, to municipal ordinances, and to orders of administrative bodies." The case served as a precursor to Administrative Procedure Act rationality review.

Fox Film Corporation v. Muller

In Fox Film Corporation v. Muller , 296 U.S. 207 (1935), the Supreme Court held that it cannot exercise certiorari jurisdiction over a case in which there is an adequate and independent state law ground for the state court's final judgment.

United States v. Constantine

United States v. Constantine , 296 U.S. 287 (1935), concerned liquor laws and taxation. Congress placed a tax on liquor dealers who violated state liquor laws. The Supreme Court struck down the relevant portion of the Revenue Act of 1926 as an attempt to punish a state violation through taxation. The Court ruled that the primary purpose of the tax law was to enforce federal police powers, and not to raise revenue. After repeal of the Eighteenth Amendment, the federal law was no longer enforceable. The Supreme Court's opinion in National Federation of Independent Business v. Sebelius (2012) referenced the logic of Constantine in determining whether the Affordable Care Act was a penalty or a tax in terms of the Constitution; the Court held it was a tax, after "[d]isregarding the designation of the exaction, and viewing its substance and application".

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 296 U.S.

Case nameCitationOpinion of the CourtVoteConcurring opinion or statementDissenting opinion or statementProcedural jurisdictionResult
Douglas v. Willcuts, Collector of Internal Revenue 296 U.S. 1 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)decree affirmed
Borax Consolidated, Ltd. v. City of Los Angeles 296 U.S. 10 (1935) Hughes8-1noneMcReynolds (short statement) certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)decree affirmed
Graham v. White-Phillips Company 296 U.S. 27 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)judgment affirmed
Atlanta, Birmingham and Coast Railroad Company v. United States 296 U.S. 33 (1935) Brandeis9-0nonenone appeal from the United States District Court for the Northern District of Georgia (N.D. Ga.)judgment affirmed
Helvering, Commissioner of Internal Revenue v. St. Louis Union Trust Company 296 U.S. 39 (1935) Sutherland5-4noneStone (opinion; joined by Hughes, Brandeis, and Cardozo) certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)judgment affirmed
Becker, Collector of Internal Revenue v. St. Louis Union Trust Company 296 U.S. 48 (1935) Sutherland5-4noneStone, Hughes, Brandeis, and Cardozo dissented for the reasons stated in their dissent in Helvering v. St. Louis Union Trust Company, 296 U.S. 39 (1935) certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)judgment affirmed
Chandler and Price Company v. Brandtjen and Kluge, Inc. 296 U.S. 53 (1935) Butler9-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)judgment affirmed
Raybestos-Manhattan, Inc. v. United States 296 U.S. 60 (1935) Stone9-0nonenone certiorari to the United States Court of Claims (Ct. Cl.)judgment affirmed
Di Giovanni v. Camden Fire Insurance Association 296 U.S. 64 (1935) Stone9-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)judgment reversed
Becker Steel Company of America v. Cummings, Attorney General of the United States (in his Capacity as Alien Property Custodian) 296 U.S. 74 (1935) Stone7-2noneRoberts (opinion; with which Sutherland concurred) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)judgment reversed
Helvering, Commissioner of Internal Revenue v. City Bank Farmers Trust Company 296 U.S. 85 (1935) Roberts5-4noneVanDevanter, McReynolds, Sutherland, and Butler (without opinions) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)judgment reversed
Helvering, Commissioner of Internal Revenue v. Helmholz 296 U.S. 93 (1935) Roberts9-0Brandeis, Stone, and Cardozo (short statement)none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)judgment affirmed
White v. Poor 296 U.S. 98 (1935) Roberts9-0Brandeis, Stone, and Cardozo (without opinions)none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)judgment affirmed
McFeely v. Commissioner of Internal Revenue 296 U.S. 102 (1935) Roberts6-3noneBrandeis, Stone, and Cardozo (joint short statement) certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)judgment affirmed (two cases); judgment reversed (three cases)
Schuylkill Trust Company v. Pennsylvania 296 U.S. 113 (1935) Roberts6-3noneCardozo (opinion; joined by Brandeis and Stone) appeal from the Pennsylvania Supreme Court (Pa.)judgment reversed, and cause remanded
American Surety Company v. Westinghouse Electric Manufacturing Company 296 U.S. 133 (1935) Cardozo8-1noneRoberts (opinion) certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)decree affirmed
McCandless v. Furlaud 296 U.S. 140 (1935) Cardozo5-4noneRoberts (opinion; with which McReynolds, Sutherland, and Butler concurred) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)decree reversed
Pacific States Box and Basket Company v. White 296 U.S. 176 (1935) Brandeis9-0nonenone appeal from the United States District Court for the District of Oregon (D. Or.)judgment affirmed
Chesapeake and Ohio Railroad Company v. United States 296 U.S. 187 (1935) per curiam 9-0nonenone appeal from the United States District Court for the Southern District of West Virginia (S.D.W. Va.)judgment affirmed
United States v. Hastings 296 U.S. 188 (1935) Hughes9-0nonenone appeal from the United States District Court for the Northern District of Mississippi (N.D. Miss.)judgment affirmed
General Utility and Operating Company v. Helvering, Commissioner of Internal Revenue 296 U.S. 200 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)judgment reversed
Fox Film Corporation v. Muller 296 U.S. 207 (1935) Sutherland8-0[a]nonenone certiorari to the Minnesota Supreme Court (Minn.)writ of certiorari dismissed for want of jurisdiction
Bingham v. United States 296 U.S. 211 (1935) Sutherland9-0Brandeis, Stone, and Cardozo (joint short statement); Hughes (short statement)none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)judgment reversed
Industrial Trust Company v. United States 296 U.S. 220 (1935) Sutherland9-0nonenone certiorari to the United States Court of Claims (Ct. Cl.)judgment reversed
Alexander v. Hillman 296 U.S. 222 (1935) Butler9-0nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)judgment reversed
Klamath and Moadoc Tribes of Indians v. United States 296 U.S. 244 (1935) Butler8-0[b]nonenone certiorari to the United States Court of Claims (Ct. Cl.)judgment affirmed
Miller v. Irving Trust Company 296 U.S. 256 (1935) Butler9-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)judgment affirmed
Clyde Mallory Lines v. Alabama ex rel. State Docks Commission 296 U.S. 261 (1935) Stone9-0nonenone appeal from the Alabama Supreme Court (Ala.)judgment affirmed
Milwaukee County v. M.E. White Company 296 U.S. 268 (1935) Stone7-2noneMcReynolds and Butler (without opinions) certified question from the United States Court of Appeals for the Seventh Circuit (7th Cir.) certified question answered
Del Vecchio v. Bowers 296 U.S. 280 (1935) Roberts9-0nonenone certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)judgment reversed, and cause remanded
United States v. Constantine 296 U.S. 287 (1935) Roberts6-3noneCardozo (opinion; joined by Brandeis and Stone) certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)judgment affirmed
United States v. Kesterson 296 U.S. 299 (1935) Roberts6-3noneBrandeis, Stone, and Cardozo (for the reasons stated in the dissent in United States v. Constantine) certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.)judgment affirmed
Hulburd v. Commissioner of Internal Revenue 296 U.S. 300 (1935) Cardozo9-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)decree reversed
Hopkins Federal Savings and Loan Association v. Cleary 296 U.S. 315 (1935) Cardozo9-0nonenone certiorari to the Wisconsin Supreme Court (Wis.)judgments affirmed
Morrissey v. Commissioner of Internal Revenue 296 U.S. 344 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)judgment affirmed
Swanson v. Commissioner of Internal Revenue 296 U.S. 362 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)judgment affirmed
Helvering, Commissioner of Internal Revenue v. Combs 296 U.S. 365 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)judgment reversed
Helvering, Commissioner of Internal Revenue v. Coleman-Gilbert Associates 296 U.S. 369 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)decrees reversed
John A. Nelson Company v. Helvering, Commissioner of Internal Revenue 296 U.S. 374 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)judgment reversed
Helvering, Commissioner of Internal Revenue v. Minnesota Tea Company 296 U.S. 378 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)judgments affirmed
Helvering, Commissioner of Internal Revenue v. Watts 296 U.S. 387 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)judgments affirmed
G. and K. Manufacturing Company v. Helvering, Commissioner of Internal Revenue 296 U.S. 389 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)judgment reversed
Bus and Transportation Security Corporation v. Helvering, Commissioner of Internal Revenue 296 U.S. 391 (1935) McReynolds9-0nonenone certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)judgments affirmed
Hill v. Martin 296 U.S. 393 (1935) Brandeis8-0[c]nonenone appeal from the United States District Court for the District of New Jersey (D.N.J.)judgment affirmed
Colgate v. Harvey 296 U.S. 404 (1935) Sutherland6-3noneStone (opinion; with which Brandeis and Cardozo concurred) appeal from the Vermont Supreme Court (Vt.)judgment reversed, and cause remanded
United States v. Halsey, Stuart and Company 296 U.S. 451 (1935) per curiam 9-0nonenone appeal from the United States District Court for the Eastern District of Wisconsin (E.D. Wis.)appeal dismissed
Corporation Commission of Oklahoma v. Cary 296 U.S. 452 (1935) per curiam 9-0nonenone appeal from the United States District Court for the Western District of Oklahoma (W.D. Okla.)judgment affirmed
Radio Corporation of America v. Raytheon Manufacturing Company 296 U.S. 459 (1935) Cardozo9-0nonenone certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)decree affirmed
United States v. Bank of New York and Trust Company 296 U.S. 463 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)decrees affirmed
United States Trust Company of New York v. Commissioner of Internal Revenue 296 U.S. 481 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)decision reversed
Helvering, Commissioner of Internal Revenue v. McIlvaine 296 U.S. 488 (1935) Hughes9-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)decrees affirmed
Legg v. St. John 296 U.S. 489 (1935) Brandeis9-0nonenone certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.)judgment affirmed
Posadas v. National City Bank 296 U.S. 497 (1935) Sutherland9-0nonenone certiorari to the Supreme Court of the Philippines (Phil.)judgment affirmed
Public Service Commission of Puerto Rico v. Havemeyer 296 U.S. 506 (1936) Butler9-0nonenone certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)judgment reversed
Oklahoma ex rel. Oklahoma Tax Commission v. Barnsdall Refineries, Inc. 296 U.S. 521 (1936) Stone9-0nonenone certiorari to the Oklahoma Supreme Court (Okla.)judgment affirmed
Chapman v. Hoage 296 U.S. 526 (1936) Stone9-0nonenone certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)judgment reversed
[a] Hughes took no part in the case
[b] McReynolds took no part in the case
[c] Stone took no part in the case

Notes and references

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