List of United States Supreme Court cases, volume 306

This is a list of cases reported in volume 306 of United States Reports, decided by the Supreme Court of the United States in 1939.

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

Justices of the Supreme Court at the time of volume 306 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 306 were decided the Court comprised the following members (Justice Brandeis retired in the midst of the cases reported in volume 306):

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Charles Evans HughesChief JusticeNew YorkWilliam Howard TaftFebruary 13, 1930
(52–26)
February 24, 1930

June 30, 1941
(Retired)
James Clark McReynoldsAssociate JusticeTennesseeHorace Harmon LurtonAugust 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis BrandeisAssociate JusticeMassachusettsJoseph Rucker LamarJune 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
Pierce ButlerAssociate JusticeMinnesotaWilliam R. DayDecember 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Harlan F. StoneAssociate JusticeNew YorkJoseph McKennaFebruary 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)
Owen RobertsAssociate JusticePennsylvaniaEdward Terry SanfordMay 20, 1930
(Acclamation)
June 2, 1930

July 31, 1945
(Resigned)
Hugo BlackAssociate JusticeAlabamaWillis Van DevanterAugust 17, 1937
(63–16)
August 19, 1937

September 17, 1971
(Retired)
Stanley Forman ReedAssociate JusticeKentuckyGeorge SutherlandJanuary 25, 1938
(Acclamation)
January 31, 1938

February 25, 1957
(Retired)
Felix FrankfurterAssociate JusticeMassachusettsBenjamin Nathan CardozoJanuary 17, 1939
(Acclamation)
January 30, 1939

August 28, 1962
(Retired)

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 306 U.S.

Case nameCitationOpinion of the CourtVoteConcurring opinion or statementDissenting opinion or statementProcedural jurisdictionResult
Currin v. Wallace, Secretary of Agriculture306 U.S. 1 (1939)Hughes6-2[a]noneMcReynolds and Butler (without opinions)certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)affirmed
Bowen v. Johnston306 U.S. 19 (1939)Hughes8-0[a]nonenonecertiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)affirmed
Washingtonian Publishing Company v. Pearson306 U.S. 30 (1939)McReynolds5-3[a]noneBlack (opinion; with which Roberts and Reed concurred)certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)reversed
Utah Fuel Company v. National Bituminous Coal Commission306 U.S. 56 (1939)McReynolds8-0[a]Black (short statement)nonecertiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.)District Court affirmed
Felt and Tarrant Manufacturing Company v. Gallagher306 U.S. 62 (1939)McRaynolds7-0[a][b]nonenoneappeal from the United States District Court for the Southern District of California (S.D. Cal.)affirmed
United States v. Durkee Famous Foods, Inc.306 U.S. 68 (1939)McReynolds8-0[a]nonenoneappeal from the United States District Court for the District of New Jersey (D.N.J.)affirmed
Dixie Ohio Express Company v. State Revenue Commission of Georgia306 U.S. 72 (1939)Butler7-0[a][b]Black (without opinion)noneappeal from the Georgia Supreme Court (Ga.)affirmed
H.P. Welch Company v. New Hampshire306 U.S. 79 (1939)Butler8-0[a]nonenoneappeal from the New Hampshire Supreme Court (N.H.)affirmed
Mackay Radio and Telephone Company v. Radio Corporation of America306 U.S. 86 (1939)Stone7-0[a][b]nonenonecertiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Wichita Royalty Company v. City National Bank of Wichita Falls306 U.S. 103 (1939)Stone8-0[a]nonenonecertiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)affirmed
Helvering, Commissioner of Internal Revenue v. R.J. Reynolds Tobacco Company306 U.S. 110 (1939)Roberts8-0[a]nonenonecertiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.)affirmed
First Chrold Corporation v. Commissioner of Internal Revenue306 U.S. 117 (1939)Roberts8-0[a]nonenonecertiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)reversed
Tennessee Electric Power Company v. Tennessee Valley Authority306 U.S. 118 (1939)Roberts5-2[a][b]noneButler (opinion; joined by McReynolds)appeal from the United States District Court for the Eastern District of Tennessee (E.D. Tenn.)affirmed
Inland Steel Company v. United States306 U.S. 153 (1939)Black8-0[a]nonenoneappeal from the United States District Court for the Northern District of Illinois (N.D. Ill.)affirmed
United States v. Midstate Horticultural Company306 U.S. 161 (1939)Black8-0[a]nonenoneappeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.)affirmed
Southern Pacific Company v. Gallagher306 U.S. 167 (1939)Reed5-2[a][b]Black (without opinion)Butler (short statement; joined by McReynolds)appeal from the United States District Court for the Northern District of California (N.D. Cal.)affirmed
Pacific Telephone and Telegraph Company v. Gallagher306 U.S. 182 (1939)Reed5-2[a][b]noneMcReynolds and Butler (without opinions)appeal from the United States District Court for the Northern District of California (N.D. Cal.)affirmed
City of Texarkana v. Arkansas Louisiana Gas Company306 U.S. 188 (1939)Reed6-2[a]noneMcReynolds and Butler (without opinions)certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.)reversed
Public Service Commission of Missouri v. Brashear Freight Lines, Inc.306 U.S. 204 (1939)per curiam9-0nonenoneappeal from the United States District Court for the Western District of Missouri (W.D. Mo.)dismissed
Interstate Circuit, Inc. v. United States306 U.S. 208 (1939)Stone5-3[a]noneRoberts (opinion; joined by McReynolds and Butler)appeal from the United States District Court for the Northern District of Texas (N.D. Tex.)affirmed
National Labor Relations Board v. Fansteel Metallurgical Corporation306 U.S. 240 (1939)Hughes5-2[a]Stone (opinion, concurring in part)Reed (opinion, dissenting in part; with which Black concurred)certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)affirmed as modified
Eichholz v. Public Service Commission of Missouri306 U.S. 268 (1939)Hughes8-0nonenoneappeal from the United States District Court for the Western District of Missouri (W.D. Mo.)affirmed
United States v. Bertelsen and Petersen Engineering Company306 U.S. 276 (1939)McReynolds7-0[b]nonenonecertiorari to the United States Court of Appeals for the First Circuit (1st Cir.)affirmed
Titus v. Wallick306 U.S. 282 (1939)Stone8-0nonenonecertiorari to the Ohio Supreme Court (Ohio)reversed
National Labor Relations Board v. Columbian Enameling & Stamping Co.306 U.S. 292 (1939)Stone5-2[a]noneBlack (opinion; joined by Reed)certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)affirmed
Taylor v. Standard Gas and Electric Company306 U.S. 307 (1939)Roberts7-0[a]nonenonecertiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.)reversed
United States v. Towery306 U.S. 324 (1939)Roberts8-0nonenonecertiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)reversed
National Labor Relations Board v. Sands Manufacturing Company306 U.S. 332 (1939)Roberts5-2[a]noneBlack and Reed (without opinions)certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.)affirmed
Milk Control Board v. Eisenberg Farm Products306 U.S. 346 (1939)Roberts6-2noneMcReynolds and Butler (joint short statement)certiorari to the Pennsylvania Supreme Court (Pa.)reversed
Pierre v. Louisiana306 U.S. 354 (1939)Black8-0nonenonecertiorari to the Louisiana Supreme Court (La.)reversed
United States v. Jacobs306 U.S. 363 (1939)Black4-3[c]noneMcReynolds, Butler, and Roberts (joint opinion)certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.)reversed (one case); affirmed (one case)
Hale v. Bimco Trading, Inc.306 U.S. 375 (1939)Frankfurter8-0nonenoneappeal from the United States District Court for the Northern District of Florida (N.D. Fla.)affirmed
Keifer and Keifer v. Reconstruction Finance Corporation306 U.S. 381 (1939)Frankfurter8-0nonenonecertiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Texas v. Florida306 U.S. 398 (1939)Stone6-2noneFrankfurter (opinion; with which Black concurred)original jurisdictionreport of special master confirmed
Fairbanks v. United States306 U.S. 436 (1939)McReynolds8-0nonenonecertiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)affirmed
Clason v. Indiana306 U.S. 439 (1939)McReynolds8-0nonenoneappeal from the Indiana Supreme Court (Ind.)affirmed
Smith v. The Ferncliff306 U.S. 444 (1939)McReynolds8-0nonenonecertified questions from the United States Court of Appeals for the Fourth Circuit (4th Cir.)certified questions answered
Lanzetta v. New Jersey306 U.S. 451 (1939)Butler7-0[a]nonenoneappeal from the New Jersey Court of Errors and Appeals (N.J.)reversed
Chesebro v. Los Angeles County Flood Control District306 U.S. 459 (1939)Butler8-0nonenoneappeal from the California Supreme Court (Cal.)affirmed
Graves and Others, Commissioners Constituting the State Tax Commission of New York v. New York ex rel. O'Keefe306 U.S. 466 (1939)Stone6-2Hughes (without opinion); Frankfurter (opinion)Butler and McReynolds (joint opinion)certiorari to the New York Supreme Court (N.Y. Sup. Ct.)reversed
Pacific Employers Insurance Company v. Industrial Accident Commission of California306 U.S. 493 (1939)Stone7-0[a]nonenonecertiorari to the California Supreme Court (Cal.)affirmed
Bonet v. Yabucoa Sugar Company306 U.S. 505 (1939)Black8-0nonenonecertiorari to the United States Court of Appeals for the First Circuit (1st Cir.)reversed
State Tax Commission of Utah v. Van Cott306 U.S. 511 (1939)Black7-0[d]nonenonecertiorari to the Utah Supreme Court (Utah)vacated
Lowden v. Simonds-Shields-Lonsdale Grain Company306 U.S. 516 (1939)Reed8-0nonenonecertiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.)reversed
Helvering, Commissioner of Internal Revenue v. Metropolitan Edison Company306 U.S. 522 (1939)Roberts8-0nonenonecertiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)affirmed
General Gas and Electric Corporation v. Commissioner306 U.S. 530 (1939)Roberts8-0nonenonecertiorari to the United States Court of Appeals for the Second Circuit (2d Cir.)reversed
Kohn v. Central Distributing Company306 U.S. 531 (1939)Hughes8-0nonenoneappeal from the United States District Court for the Eastern District of Kentucky (E.D. Ky.)affirmed
Higginbotham v. City of Baton Rouge306 U.S. 535 (1939)Hughes8-0nonenoneappeal from the Louisiana Supreme Court (La.)affirmed
Honeyman v. Jacobs306 U.S. 539 (1939)Hughes8-0nonenoneappeal from the New York Supreme Court (N.Y. Sup. Ct.)affirmed
Carrier v. Bryant306 U.S. 545 (1939)McReynolds8-0nonenonecertiorari to the North Carolina Supreme Court (N.C.)affirmed
Honolulu Oil Corporation v. Halliburton306 U.S. 550 (1939)Butler7-0[d]nonenonecertiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.)reversed (one case); affirmed (one case)
Atlas Life Insurance Company v. W.I. Southern, Inc.306 U.S. 563 (1939)Stone8-0nonenonecertified questions from the United States Court of Appeals for the Tenth Circuit (10th Cir.)dismissed
Wilentz v. Sovereign Camp, Woodmen306 U.S. 573 (1939)Stone8-0nonenoneappeal from the United States District Court for the District of New Jersey (D.N.J.)dismissed
Clark, Director of Department of Motor Vehicles of California v. Paul Gray, Inc.306 U.S. 583 (1939)Stone8-0Black (short statement)noneappeal from the United States District Court for the Southern District of California (S.D. Cal.)reversed
National Labor Relations Board v. Fain-Blatt306 U.S. 601 (1939)Stone6-2noneMcReynolds and Butler (opinion; joined by Butler)certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.)reversed
[a] Frankfurter took no part in the case (he joined the Court on January 30, 1939, and so did not participate in cases argued before that date)
[b] Roberts took no part in the case
[c] Stone took no part in the case
[d] Hughes took no part in the case

Notes and references