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This is a list of cases reported in volume 133 of United States Reports, decided by the Supreme Court of the United States in 1890.
| Supreme Court of the United States | |
|---|---|
| |
 | |
| 38°53′26″N 77°00′16″W | |
| Established | March 4, 1789 |
| Location | Washington, D.C. |
| Coordinates | 38°53′26″N 77°00′16″W |
| Composition method | Presidential nomination with Senate confirmation |
| Authorised by | Constitution of the United States, Art. III, § 1 |
| Judge term length | life tenure, subject to impeachment and removal |
| Number of positions | 9 (by statute) |
| Website | supremecourt |
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 133 U.S. 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 |
|---|---|---|---|---|---|---|
 |
Melville Fuller | Chief Justice | Illinois | Morrison Waite | July 20, 1888 (41–20) |
October 8, 1888 – July 4, 1910 (Died) |
 |
Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | July 16, 1862 (Acclamation) |
July 21, 1862 – October 13, 1890 (Died) |
 |
Stephen Johnson Field | Associate Justice | California | newly created seat | March 10, 1863 (Acclamation) |
May 10, 1863 – December 1, 1897 (Retired) |
 |
Joseph P. Bradley | Associate Justice | New Jersey | newly created seat | March 21, 1870 (46–9) |
March 23, 1870 – January 22, 1892 (Died) |
 |
John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) |
December 10, 1877 – October 14, 1911 (Died) |
 |
Horace Gray | Associate Justice | Massachusetts | Nathan Clifford | December 20, 1881 (51–5) |
January 9, 1882 – September 15, 1902 (Died) |
 |
Samuel Blatchford | Associate Justice | New York | Ward Hunt | March 22, 1882 (Acclamation) |
April 3, 1882 – July 7, 1893 (Died) |
 |
Lucius Quintus Cincinnatus Lamar | Associate Justice | Mississippi | William Burnham Woods | January 16, 1888 (32–28) |
January 18, 1888 – January 23, 1893 (Died) |
 |
David Josiah Brewer | Associate Justice | Kansas | Stanley Matthews | December 18, 1889 (53–11) |
January 6, 1890 – March 28, 1910 (Died) |
In Davis v. Beason, 133 U.S. 333 (1890), the Supreme Court held that federal laws against polygamy did not conflict with the free exercise clause of the First Amendment to the United States Constitution. The Court stated: "Few crimes are more pernicious to the best interests of society, and receive more general or more deserved punishment." Further, echoing Reynolds v. United States (1878): "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation."
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.
Bluebook citation style is used for case names, citations, and jurisdictions.
| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| United States v. Stowell | 1 (1890) | Gray | none | none | C.C.D. Mass. | reversed |
| Case v. Kelly | 21 (1890) | Miller | none | none | C.C.E.D. Wis. | affirmed |
| Richardson's Executor v. Green | 30 (1890) | Lamar | none | none | C.C.W.D. Mich. | affirmed |
| Mason v. Pewabic Mining Company | 50 (1890) | Miller | Bradley | none | C.C.W.D. Mich. | reversed |
| City of San Francisco v. Itsell | 65 (1890) | Gray | none | none | Cal. | dismissed |
| Schrader v. Manufacturers' National Bank of Chicago | 67 (1890) | Blatchford | none | none | C.C.N.D. Ill. | affirmed |
| Stuart v. Boulware | 78 (1890) | Fuller | none | none | C.C.D.W. Va. | affirmed |
| Ohio Central Railroad Company v. Central Trust Company of New York | 83 (1890) | Fuller | none | none | C.C.N.D. Ohio | reversed |
| Illinois Central Railroad Company v. Bosworth | 92 (1890) | Bradley | none | none | C.C.E.D. La. | reversed |
| Cole v. Cunningham | 107 (1890) | Fuller | none | Miller | Mass. | affirmed |
| Keyser v. Hitz | 138 (1890) | Harlan | none | none | Sup. Ct. D.C. | reversed |
| Knox County v. Harshman | 152 (1890) | Gray | none | none | C.C.E.D. Mo. | affirmed |
| Farmers' Loan and Trust Company v. City of Galesburg | 156 (1890) | Blatchford | none | none | C.C.N.D. Ill. | affirmed |
| Wallace v. United States | 180 (1890) | Blatchford | none | none | Ct. Cl. | affirmed |
| Manning v. French | 186 (1890) | Fuller | none | none | Mass. Super. Ct. | dismissed |
| United States v. Hancock | 193 (1890) | Brewer | none | none | C.C.N.D. Cal. | affirmed |
| Comanche County v. Lewis | 198 (1890) | Brewer | none | none | C.C.D. Kan. | affirmed |
| United States v. Waters | 208 (1890) | Lamar | none | none | Ct. Cl. | affirmed |
| Coulam v. Doull | 216 (1890) | Fuller | none | none | Sup. Ct. Terr. Utah | affirmed |
| Christian v. Atlantic and North Carolina Railroad Company | 233 (1890) | Bradley | none | none | C.C.E.D.N.C. | affirmed |
| Geilinger v. Philippi | 246 (1890) | Fuller | none | none | C.C.E.D. La. | affirmed |
| Geofroy v. Riggs | 258 (1890) | Field | none | none | Sup. Ct. D.C. | reversed |
| United States v. Mosby | 273 (1890) | Blatchford | none | none | Ct. Cl. | reversed |
| Beals v. Illinois, Missouri and Texas Railroad Company | 290 (1890) | Gray | none | none | C.C.E.D. Mo. | affirmed |
| Adams v. Crittenden | 296 (1890) | Brewer | none | none | C.C.N.D. Ala. | affirmed |
| Street v. United States | 299 (1890) | Brewer | none | none | Ct. Cl. | affirmed |
| Corbin, May and Company v. W.J. Gould and Company | 308 (1890) | Lamar | none | none | C.C.E.D. Mich. | affirmed |
| C.H. Smith and Company v. Lyon | 315 (1890) | Miller | none | none | C.C.E.D. Mo. | affirmed |
| Buford v. Houtz | 320 (1890) | Miller | none | none | Sup. Ct. Terr. Utah | affirmed |
| Davis v. Beason | 333 (1890) | Field | none | none | D. Terr. Idaho | affirmed |
| Burt and Packard v. Evory | 349 (1890) | Lamar | none | none | C.C.D. Mass. | reversed |
| Phoenix Caster Company v. Spiegel | 360 (1890) | Blatchford | none | none | C.C.D. Ind. | affirmed |
| Coyne v. Union Pacific Railroad Company | 370 (1890) | Blatchford | none | none | C.C.D. Colo. | affirmed |
| Quebec Steamship Company v. Merchant | 375 (1890) | Blatchford | none | none | C.C.S.D.N.Y. | reversed |
| Hopkins, Dwight and Company v. McLure | 380 (1890) | Blatchford | none | none | S.C. | dismissed |
| California Insurance Company v. Union Compress Company | 387 (1890) | Blatchford | none | none | C.C.E.D. Ark. | affirmed |
| Mills v. Dow's Administrator | 423 (1890) | Blatchford | none | none | C.C.D. Mass. | reversed |
| Armstrong v. American Exchange National Bank of Chicago | 433 (1890) | Blatchford | none | none | C.C.S.D. Ohio | affirmed |
| Gage v. Kaufman | 471 (1890) | Gray | none | none | C.C.N.D. Ill. | affirmed |
| Delaware County v. Diebold Safe and Lock Company | 473 (1890) | Gray | none | none | C.C.D. Ind. | reversed |
| Wisconsin Central Railroad Company v. Price County | 496 (1890) | Field | none | none | Wis. | reversed |
| Burthe v. Denis | 514 (1890) | Field | none | none | La. | reversed |
| Bernards Township v. Morrison | 523 (1890) | Brewer | none | none | C.C.D.N.J. | affirmed |
| Lincoln County v. Luning | 529 (1890) | Brewer | none | none | C.C.D. Nev. | affirmed |
| Fogg v. Blair | 534 (1890) | Field | none | none | C.C.E.D. Mo. | affirmed |
| Sturr v. Beck | 541 (1890) | Fuller | none | none | Sup. Ct. Terr. Dakota | affirmed |
| Searl v. School District No. 2 in Lake County, Colorado | 553 (1890) | Fuller | none | none | C.C.D. Colo. | affirmed |
| St. Louis and San Francisco Railway Company v. Johnston | 566 (1890) | Fuller | none | none | C.C.S.D.N.Y. | reversed |
| Gregory v. Stetson | 579 (1890) | Lamar | none | none | C.C.D. Mass. | affirmed |
| Louisville, New Orleans and Texas Railway Company v. Mississippi | 587 (1890) | Brewer | none | Harlan | Miss. | affirmed |
| Aspinwall v. Butler | 595 (1890) | Bradley | none | none | C.C.D. Mass. | affirmed |
| Keller v. Ashford | 610 (1890) | Gray | none | none | Sup. Ct. D.C. | reversed |
| Shepherd v. Pepper | 626 (1890) | Blatchford | none | Miller | Sup. Ct. D.C. | affirmed |
| Culver v. Uthe | 655 (1890) | Miller | none | none | Ill. | affirmed |
| Palmer v. McMahon | 660 (1890) | Fuller | none | none | N.Y. County Ct. Com. Pl. | affirmed |
| Peters v. Bain & Brother | 670 (1890) | Fuller | none | none | C.C.E.D. Va. | affirmed |
| Boesch v. Graeff | 697 (1890) | Fuller | none | none | C.C.N.D. Cal. | reversed |
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