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This is a list of cases reported in volume 299 of United States Reports, decided by the Supreme Court of the United States in 1936 and 1937.
| 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 299 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) |
In De Jonge v. Oregon, 299 U.S. 353 (1937), the Supreme Court held that that the Fourteenth Amendment's due process clause applies freedom of assembly against the states. The Court found that De Jonge had the right to speak at a peaceful public meeting held by the Communist Party, even though the party generally advocated an industrial or political change in revolution. However, in the 1950s with the fear of communism on the rise, the Court ruled in Dennis v. United States (1951) that Eugene Dennis, who was the leader of the Communist Party, violated the Smith Act by advocating the forcible overthrow of the United States government.[2]
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.
| Case name | Citation | Opinion of the Court | Vote | Concurring opinion or statement | Dissenting opinion or statement | Procedural jurisdiction | Result |
|---|---|---|---|---|---|---|---|
| Woolsey v. Best, Warden | 299 U.S. 1 (1936) | per curiam | 9-0 | none | none | appeal from the Colorado Supreme Court (Colo.) | appeal dismissed |
| Pick Manufacturing Company v. General Motors Corporation | 299 U.S. 3 (1936) | per curiam | 6-0[a][b][c] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decree affirmed |
| Valentine, New York City Police Commissioner v. United States ex rel. Neidecker | 299 U.S. 5 (1936) | Hughes | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree affirmed |
| Tennessee Publishing Company v. American National Bank | 299 U.S. 18 (1936) | Hughes | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree affirmed |
| In re 620 Church Street Building Corporation | 299 U.S. 24 (1936) | Hughes | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decree affirmed |
| Southeastern Express Company v. Pastime Amusement Company | 299 U.S. 28 (1936) | per curiam | 8-0[b] | none | none | certiorari to the South Carolina Supreme Court (S.C.) | judgment reversed, and cause remanded |
| Cate v. Beasley | 299 U.S. 30 (1936) | per curiam | 7-1[b] | none | McReynolds (without opinion) | certiorari to the Oklahoma Supreme Court (Okla.) | judgment affirmed |
| Valentine, Chairman of the Iowa State Board of Assessment and Review v. Great Atlantic and Pacific Tea Company | 299 U.S. 32 (1936) | per curiam | 6-2[b] | none | Brandeis and Cardozo (without opinions) | appeal from the United States District Court for the Southern District of Iowa (S.D. Iowa) | decree affirmed |
| Barwise v. Sheppard, Comptroller of Texas | 299 U.S. 33 (1936) | VanDevanter | 8-0[b] | none | none | appeal from the Texas Court of Civil Appeals (Tex. Ct. Civ. App.) | decree affirmed |
| P.J. Carlin Construction Company v. Heaney | 299 U.S. 41 (1936) | McReynolds | 8-0[b] | none | none | certiorari to the New York Supreme Court (N.Y. Sup. Ct.) | judgment affirmed |
| Jose Rivera Soler and Company v. United Firemen's Insurance Company of Philadelphia | 299 U.S. 45 (1936) | McReynolds | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment reversed |
| Mechanical Universal Joint Company v. Culhane | 299 U.S. 51 (1936) | Brandeis | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| State Board of Equalization of California v. Young's Market Company | 299 U.S. 59 (1936) | Brandeis | 8-0[b] | Butler (without opinion) | none | appeal from the United States District Court for the Southern District of California (S.D. Cal.) | judgment reversed |
| Bourdieu v. Pacific Western Oil Company | 299 U.S. 65 (1936) | Sutherland | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decree reversed, and cause remanded |
| Missouri v. Ross | 299 U.S. 72 (1936) | Sutherland | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | decree affirmed |
| Foust v. Munson Steamship Lines | 299 U.S. 77 (1936) | Butler | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree reversed |
| Helvering, Commissioner of Internal Revenue v. Illinois Life Insurance Company | 299 U.S. 88 (1936) | Butler | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decree reversed |
| Wainer v. United States | 299 U.S. 92 (1936) | Roberts | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| Essex Razor Blade Corporation v. Gillette Safety Razor Company | 299 U.S. 94 (1936) | Roberts | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment reversed |
| Chisholm v. Gilmer | 299 U.S. 99 (1936) | Cardozo | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment affirmed |
| Fox v. Capital Company | 299 U.S. 105 (1936) | Cardozo | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree affirmed |
| Gully, State Tax Collector for Mississippi v. First National Bank in Meridian | 299 U.S. 109 (1936) | Cardozo | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment reversed, and cause remanded |
| McKee v. Paradise | 299 U.S. 119 (1936) | Hughes | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decree reversed |
| United States v. Wood | 299 U.S. 123 (1936) | Hughes | 5-3[b] | none | McReynolds, Sutherland, and Butler (joint short statement) | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
| Villa v. Van Schaick, Superintendent of Insurance of New York | 299 U.S. 152 (1936) | per curiam | 8-0[b] | none | none | appeal from the New York Supreme Court (N.Y. Sup. Ct.) | judgment vacated, and cause remanded |
| Prairie Farmer Publishing Company v. Indiana Farmer's Guide Publishing Company | 299 U.S. 156 (1936) | per curiam | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed, and cause remanded |
| British-American Oil Production Company v. Board of Equalization of Montana | 299 U.S. 159 (1936) | VanDevanter | 8-0[b] | none | none | certiorari to the Montana Supreme Court (Mont.) | judgment affirmed |
| Mountain States Power Company v. Public Service Commission of Montana | 299 U.S. 167 (1936) | McReynolds | 8-0[b] | none | none | appeals from the United States District Court for the District of Montana (D. Mont.) | judgment reversed |
| Schafer v. Helvering, Commissioner of Internal Revenue | 299 U.S. 171 (1936) | McReynolds | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed |
| Helvering, Commissioner of Internal Revenue v. Fried | 299 U.S. 175 (1936) | McReynolds | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree affirmed |
| John Hancock Mutual Life Insurance Company v. Yates | 299 U.S. 178 (1936) | Brandeis | 8-0[b] | none | none | certiorari to the Georgia Supreme Court (Ga.) | judgment reversed |
| Old Dearborn Distributing Company v. Seagram-Distillers Corporation | 299 U.S. 183 (1936) | Sutherland | 8-0[b] | none | none | appeal from the Illinois Supreme Court (Ill.) | decrees affirmed |
| Pep Boys, Manny, Moe and Jack of California, Inc. v. Pyroil Sales Company, Inc. | 299 U.S. 198 (1936) | Sutherland | 8-0[b] | none | none | appeal from the California Supreme Court (Cal.) | judgment affirmed |
| United States v. Esnault-Pelterie | 299 U.S. 201 (1936) | Butler | 8-0[b] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment vacated, and cause remanded |
| United States v. Resnick | 299 U.S. 207 (1936) | Butler | 8-0[b] | none | none | appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) | judgments affirmed |
| National Home for Disabled Volunteer Soldiers v. Wood | 299 U.S. 211 (1936) | Butler | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | decree affirmed |
| Pufahl v. Estate of Parks | 299 U.S. 217 (1936) | Roberts | 8-0[b] | none | none | certiorari to the Illinois Appellate Court (Ill. App. Ct.) | judgment affirmed |
| American Telephone and Telegraph v. United States | 299 U.S. 232 (1936) | Cardozo | 8-0[b] | none | none | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | decree affirmed |
| Landis v. North American Company | 299 U.S. 248 (1936) | Cardozo | 8-0[b] | McReynolds (without opinion) | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | decrees reversed, and causes remanded |
| Duke Power Company v. Greenwood County | 299 U.S. 259 (1936) | per curiam | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | decree reversed |
| KVOS, Inc. v. Associated Press | 299 U.S. 269 (1936) | Roberts | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decree reversed, and cause remanded |
| Binney v. Long, Commissioner of Corporations and Taxes of Massachusetts | 299 U.S. 280 (1936) | Roberts | 6-2[b] | none | Cardozo (opinion; joined by Brandeis) | appeal from the Massachusetts Probate Court for Norfolk County (Norfolk Cnty. Prob. Ct.) | judgment reversed, and cause remanded |
| Kroger Grocery and Baking Company v. Lutz, Attorney General of Indiana | 299 U.S. 300 (1936) | per curiam | 8-0[b] | none | none | appeal from the United States District Court for the Northern District of Indiana (N.D. Ind.) | decree affirmed |
| Kammerer v. Kroeger, Superintendent of Building and Loan Associations of Ohio | 299 U.S. 302 (1936) | per curiam | 8-0[b] | none | none | appeal from the Ohio Supreme Court (Ohio) | appeals dismissed |
| United States v. Curtiss-Wright Export Corp. | 299 U.S. 304 (1936) | Sutherland | 7-1[b] | none | McReynolds (without opinion) | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | judgment reversed, and cause remanded |
| Kentucky Whip and Collar Company v. Illinois Central Railroad Company | 299 U.S. 334 (1937) | Hughes | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree affirmed |
| De Jonge v. Oregon | 299 U.S. 353 (1937) | Hughes | 8-0[b] | none | none | appeal from the Oregon Supreme Court (Or.) | judgment reversed, and cause remanded |
| New York ex rel. Whitney v. Graves | 299 U.S. 366 (1937) | Hughes | 8-0[b] | none | none | appeal from the New York Supreme Court (N.Y. Sup. Ct.) | judgment affirmed |
| Employers Reinsurance Corporation v. Bryant, U.S. District Judge | 299 U.S. 374 (1937) | VanDevanter | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
| Liggett and Myers Tobacco Company v. United States | 299 U.S. 383 (1937) | McReynolds | 8-0[b] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment affirmed |
| Hauge v. City of Chicago | 299 U.S. 387 (1937) | McReynolds | 8-0[b] | none | none | appeal from the Illinois Supreme Court (Ill.) | judgment affirmed |
| W.P. Brown and Sons Lumber Company v. Louisville and Nashville Railroad Company | 299 U.S. 393 (1937) | Brandeis | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | judgment affirmed |
| New York ex rel. Rogers v. Graves | 299 U.S. 401 (1937) | Sutherland | 8-0[b] | none | none | appeal from the New York Supreme Court (N.Y. Sup. Ct.) | judgment reversed, and cause remanded |
| Bengzon v. Secretary of Justice of the Philippine Islands | 299 U.S. 410 (1937) | Sutherland | 8-0[b] | none | none | certiorari to the Supreme Court of the Philippines (Phil.) | judgment reversed, and cause remanded |
| United States v. Seminole Nation | 299 U.S. 417 (1937) | Butler | 8-0[b] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment reversed, and cause remanded |
| City Bank Farmers Trust Company v. Irving Trust Company | 299 U.S. 433 (1937) | Roberts | 7-0[b][d] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed, and cause remanded |
| Kuehner v. Irving Trust Company | 299 U.S. 445 (1937) | Roberts | 7-0[b][d] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Schwartz v. Irving Trust Company | 299 U.S. 456 (1937) | Roberts | 7-0[b][d] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed, and cause remanded |
| Meadows v. Irving Trust Company | 299 U.S. 464 (1937) | Roberts | 7-0[b][d] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Shapleigh v. Mier | 299 U.S. 468 (1937) | Cardozo | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
| Shoshone Tribe of Indians v. United States | 299 U.S. 476 (1937) | Cardozo | 8-0[b] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment reversed, and cause remanded |
| United States v. Hudson | 299 U.S. 498 (1937) | VanDevanter | 8-0[b] | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment reversed |
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