List of United States Supreme Court cases, volume 308

Last updated

Supreme Court of the United States
Seal of the United States Supreme Court.svg
List of United States Supreme Court cases, volume 308
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 308 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 308 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 308 were decided the Court comprised the following members (Justice Butler died in the midst of the time-period covered by volume 308):

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)
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)
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)

Notable Case in 308 U.S.

Schneider v. State (Town of Irvington)

Schneider v. State (Town of Irvington) , 308 U.S. 147 (1939), was a decision that combined four similar appeals (Schneider v. State (Town of Irvington), Young v. California, Snyder v. City of Milwaukee, and Nichols v. Massachusetts), each of which presented the question whether municipal ordinances abridged the First Amendment rights of freedom of speech and of the press secured against state invasion by the Fourteenth Amendment of the Constitution. The appellants (Jehovah's Witnesses) were charged with violating ordinances barring persons from distributing handbills on public streets or handing them out door-to-door. The Supreme Court held that the purpose of the ordinances (to keep the streets clean and of good appearance) was insufficient to justify prohibiting the appellants from handing out literature to other persons willing to receive it.

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 308 U.S.

Case nameCitationOpinion of the CourtVoteConcurring opinion or statementDissenting opinion or statementProcedural jurisdictionResult
Massachusetts v. Missouri 308 U.S. 1 (1939) Hughes8-0[a]nonenone Original jurisdiction of the Supreme Court of the United States (original jurisdiction)leave to file bill of complaint denied
Pittman, Clerk of the Superior Court of Baltimore v. Home Owners' Loan Corporation 308 U.S. 21 (1939) Hughes8-0[a]nonenone certiorari to the Maryland Court of Appeals (Md.)affirmed
Standard Brands, Inc. v. National Grain Yeast Corporation 308 U.S. 34 (1939) McReynolds7-0[a][b]nonenone certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)affirmed
Estate of Sanford v. Internal Revenue Service 308 U.S. 39 (1939) Stone8-0[a]nonenone certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)affirmed
Rasquin, Collector of Internal Revenue v. Humphreys 308 U.S. 54 (1939) Stone8-0[a]nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
Boteler v. Ingels, Director of Motor Vehicles of California 308 U.S. 57 (1939) Black8-0[a]nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)affirmed
United States v. Glenn L. Martin Company 308 U.S. 62 (1939) Black8-0[a]nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)reversed
Treinies v. Sunshine Mining Company 308 U.S. 66 (1939) Reed8-0[a]nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)affirmed
Palmer v. Massachusetts 308 U.S. 79 (1939) Frankfurter8-0[a]nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)affirmed
Helvering, Commissioner of Internal Revenue v. Wilshire Oil Company 308 U.S. 90 (1939) Douglas7-0[a][c]nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)reversed
F.H.E. Oil Company v. Helvering, Commissioner of Internal Revenue 308 U.S. 104 (1939) Douglas7-0[a][c]nonenone certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)affirmed
Case v. Los Angeles Lumber Products Company 308 U.S. 106 (1939) Douglas8-0[a]nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)reversed
Ziffrin, Inc. v. Reeves 308 U.S. 132 (1939) McReynolds8-0[a]nonenone appeal from the United States District Court for the Eastern District of Kentucky (E.D. Ky.)affirmed
Valvoline Oil Company v. United States 308 U.S. 141 (1939) Reed8-0[a]nonenone appeal from the United States District Court for the Western District of Pennsylvania (W.D. Pa.)affirmed
Schneider v. State (Town of Irvington) 308 U.S. 147 (1939) Roberts7-1noneMcReynolds (without opinion) certiorari to the New Jersey Court of Errors and Appeals (N.J.)all reversed
Neirbo Company v. Bethlehem Shipbuilding Corporation 308 U.S. 165 (1939) Frankfurter5-3noneRoberts (opinion; joined by Hughes and McReynolds) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
John Hancock Mutual Life Insurance Company v. Bartels 308 U.S. 180 (1939) Hughes8-0nonenone certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)affirmed
United States v. Borden Company 308 U.S. 188 (1939) Hughes8-0nonenone appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.)dismissed in part, and reversed in part
Cities Service Oil Company v. Dunlap 308 U.S. 208 (1939) McReynolds8-0nonenone certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)reversed
Union Stock Yard and Transit Company v. United States 308 U.S. 213 (1939) Stone8-0nonenone appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.)affirmed
United States v. Lowden 308 U.S. 225 (1939) Stone8-0nonenone appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.)reversed
National Labor Relations Board v. Newport News Shipbuilding and Dry Dock Company 308 U.S. 241 (1939) Roberts8-0nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)reversed
Helvering, Commissioner of Internal Revenue v. F. and R. Lazarus and Company 308 U.S. 252 (1939) Black7-0[c]nonenone certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.)affirmed
United States v. Sponenbarger 308 U.S. 256 (1939) Black8-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Danforth v. United States 308 U.S. 271 (1939) Reed8-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)affirmed in part; reversed in part
Bruno v. United States 308 U.S. 287 (1939) Frankfurter8-0McReynolds (without opinion)none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Pepper v. Litton 308 U.S. 295 (1939) Douglas8-0nonenone certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)reversed
Pearson, State Treasurer of Oregon v. McGraw 308 U.S. 313 (1939) Douglas7-1Stone (opinion; with which Frankfurter concurred)McReynolds (without opinion) certiorari to the Oregon Supreme Court (Or.)reversed
Weiss v. United States 308 U.S. 321 (1939) Roberts8-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Ford Motor Company v. Beauchamp, Secretary of State of Texas 308 U.S. 331 (1939) Reed7-1Black and Douglas (without opinions)McReynolds (without opinion) certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)affirmed
Nardone v. United States 308 U.S. 338 (1939) Frankfurter6-1[c]noneMcReynolds (without opinion) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Jackson County v. United States 308 U.S. 343 (1939) Frankfurter8-0McReynolds (without opinion); Black (opinion; with which Douglas concurred)none certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.)modified
Griffiths v. Commissioner of Internal Revenue 308 U.S. 355 (1939) Frankfurter8-0nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)affirmed
Buckstaff Bath House Company v. McKinley, Commissioner of the Department of Labor of Arkansas 308 U.S. 358 (1939) Douglas8-0Reed (brief statement)none certiorari to the Arkansas Supreme Court (Ark.)affirmed
Helis v. Ward 308 U.S. 365 (1939) Douglas8-0nonenone certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)affirmed
Chicot County Drainage District v. Baxter State Bank 308 U.S. 371 (1940) Hughes8-0nonenone certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Postal Steamship Corporation v. El Isleo 308 U.S. 378 (1940) Hughes8-0nonenone certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Haggar Company v. Helvering, Commissioner of Internal Revenue 308 U.S. 389 (1940) Stone8-0nonenone certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)reversed
American Federation of Labor v. National Labor Relations Board 308 U.S. 401 (1940) Stone8-0nonenone certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)affirmed
National Labor Relations Board v. International Brotherhood of Electrical Workers 308 U.S. 413 (1940) Stone8-0nonenone certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.)reversed
LeTulle v. Scofield, Collector of Internal Revenue 308 U.S. 415 (1940) Roberts8-0nonenone certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)affirmed
General American Tank Car Corporation v. El Dorado Terminal Company 308 U.S. 422 (1940) Roberts8-0nonenone certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)reversed
Kalb v. Feuerstein 308 U.S. 433 (1940) Black8-0nonenone appeal from the Wisconsin Supreme Court (Wis.)reversed
Avery v. Alabama 308 U.S. 444 (1940) Black8-0nonenone certiorari to the Alabama Supreme Court (Ala.)affirmed
National Labor Relations Board v. Falk Corporation 308 U.S. 453 (1940) Black7-0[d]nonenone certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)reversed
Bonet v. Texas Company (P.R.), Inc. 308 U.S. 463 (1940) Douglas7-0[b]nonenone certiorari to the United States Court of Appeals for the First Circuit (1st Cir.)reversed
Higgins v. Smith 308 U.S. 473 (1940) Reed6-2noneRoberts (opinion; joined by McReynolds) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Deputy v. du Pont 308 U.S. 488 (1940) DouglasFrankfurter (opinion; joined by Reed)Roberts (opinion; joined by McReynolds) certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)reversed
[a] Butler took no part in the case
[b] Stone took no part in the case
[c] Reed 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.