List of United States Supreme Court cases, volume 267
# List of United States Supreme Court cases, volume 267

This is a list of cases reported in volume 267 of United States Reports, decided by the Supreme Court of the United States in 1925.

## Justices of the Supreme Court at the time of volume 267 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). 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 267 were decided the Court comprised the following nine members:

| Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
| - | - | - | - | - | - |
| William Howard Taft | Chief Justice | Connecticut | Edward Douglass White | June 30, 1921 (Acclamation) | July 11, 1921 – February 3, 1930 (Retired) |
| Oliver Wendell Holmes Jr. | Associate Justice | Massachusetts | Horace Gray | December 4, 1902 (Acclamation) | December 8, 1902 – January 12, 1932 (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) |
| Edward Terry Sanford | Associate Justice | Tennessee | Mahlon Pitney | January 29, 1923 (Acclamation) | February 19, 1923 – March 8, 1930 (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) |

## Notable Cases in 267 U.S.

### Ex parte Grossman

In Ex parte Grossman, 267 U.S. 87 (1925), the Supreme Court held that the US President may pardon criminal contempt of court. Grossman had been convicted of criminal contempt but was pardoned by the President. The U.S. district court then sent him back to prison, and he appealed to the Supreme Court.

### Carroll v. United States

In Carroll v. United States, 267 U.S. 132 (1925), the Supreme Court upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has been cited as widening the scope of warrantless search. The Court noted that Congress early observed the need for a search warrant in non-border search situations, and Congress always recognized "a necessary difference" between searches of buildings and vehicles "for contraband goods, where it is not practical to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought."

### Samuels v. McCurdy

Samuels v. McCurdy, 267 U.S. 188 (1925), is a decision regarding the application of ex post facto when an object was legally purchased and possessed, but was then later banned by statute. In 1917, Georgia's criminal alcohol prohibition law became effective before federal prohibition did under the Eighteenth Amendment. Sig Samuels had legally purchased alcohol for personal use before the ban. A sheriff seized the alcohol with a valid search warrant after prohibition became effective. Samuels sued for a return of his property for violating his due process; he also claimed the law was being applied in an unconstitutional ex post facto fashion because consumption per se was not forbidden by Georgia's law. The Supreme Court held that ex post facto does not apply, because possession is an ongoing condition.

## Citation style

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.

Bluebook citation style is used for case names, citations, and jurisdictions.

* "# Cir." = United States Court of Appeals
   * e.g., "3d Cir." = United States Court of Appeals for the Third Circuit
* "D." = United States District Court for the District of . . .
   * e.g.,"D. Mass." = United States District Court for the District of Massachusetts
* "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
   * e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
* "Ct. Cl." = United States Court of Claims
* The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
   * e.g.,"Pa." = Supreme Court of Pennsylvania
   * e.g.,"Me." = Supreme Judicial Court of Maine

## List of cases in volume 267 U.S.

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| - | - | - | - | - | - | - |
| Guardian Savings and Trust Company v. Road Improvement District No. 7 | 1 (1925) | Holmes | none | none | 8th Cir. | reversed |
| College Point Boat Corporation v. United States | 12 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| Lederer v. Fidelity Trust Company | 17 (1925) | Holmes | none | none | 3d Cir. | reversed |
| Direction der Disconto-Gesellschaft v. United States Steel Corporation | 22 (1925) | Holmes | none | none | S.D.N.Y. | affirmed |
| New Mexico v. Colorado | 30 (1925) | Sanford | none | none | original | multiple |
| Swiss National Insurance Company v. Miller | 42 (1925) | Taft | none | McReynolds | D.C. Cir. | affirmed |
| Standard Oil Company of New Jersey v. United States | 76 (1925) | Holmes | none | none | 3d Cir. | reversed |
| Morse v. United States | 80 (1925) | Sutherland | none | none | S.D.N.Y. | affirmed |
| James Shewan and Sons, Inc. v. United States | 86 (1925) | Taft | none | none | S.D.N.Y. | remanded |
| Ex parte Grossman | 87 (1925) | Taft | none | none | N.D. Ill. | habeas corpus granted |
| Nahmeh v. United States | 122 (1925) | Taft | none | none | E.D.N.Y. | reversed |
| Merchants Mutual Liability Insurance Company v. Smart | 126 (1925) | Taft | none | none | N.Y. Sup. Ct. | affirmed |
| Carroll v. United States | 132 (1925) | Taft | none | McReynolds | W.D. Mich. | affirmed |
| Work v. United States ex rel. Rives | 175 (1925) | Taft | none | none | D.C. Cir. | reversed |
| Work v. United States ex rel. Chestatee Pyrites and Chemical Corporation | 185 (1925) | Taft | none | none | D.C. Cir. | reversed |
| Samuels v. McCurdy | 188 (1925) | Taft | none | Butler | Ga. | affirmed |
| Pennsylvania Railroad System and Allied Lines Federation No. 90 v. Pennsylvania Railroad Company | 203 (1925) | Taft | none | none | 3d Cir. | affirmed |
| Pennsylvania System Board of Adjustment of the Brotherhood of Railway and Steamship Clerks v. Pennsylvania Railroad Company | 219 (1925) | Taft | none | none | 3d Cir. | affirmed |
| S.S. Coamo | 220 (1925) | Holmes | none | none | 2d Cir. | certification |
| Flanagan v. Federal Coal Company | 222 (1925) | Holmes | none | none | Tenn. | reversed |
| Stein v. Tip-Top Baking Company | 226 (1925) | Holmes | none | none] | W.D. Ky. | reversed |
| Kaplan v. Tod | 228 (1925) | Holmes | none | none | S.D.N.Y. | affirmed |
| Fort Smith Smelter Company v. Clear Creek Oil and Gas Company | 231 (1925) | Holmes | none | none | Ark. | affirmed |
| A.B. Small Company v. American Sugar Refining Company | 233 (1925) | VanDevanter | none | none | S.D. Ga. | affirmed |
| A.B. Small Company v. Lamborn and Company | 248 (1925) | VanDevanter | none | none | S.D. Ga. | affirmed |
| Browne v. Union Pacific Railroad Company | 255 (1925) | McReynolds | none | none | Kan. | affirmed |
| Austin Nichols and Company v. Steamship "Isla de Panay" | 260 (1925) | McReynolds | none | Sutherland | 2d Cir. | affirmed |
| Fulton National Bank of Atlanta v. Hozier | 276 (1925) | McReynolds | none | none | 5th Cir. | reversed |
| United States v. Cornell Steamboat Company | 281 (1925) | McReynolds | none | none | Ct. Cl. | affirmed |
| Chicago Great Western Railway Company v. Schendel | 287 (1925) | McReynolds | none | none | Minn. | affirmed |
| Davis v. Newton Coal Company | 292 (1925) | McReynolds | none | none | Pa. | affirmed |
| United States v. Archibald McNeil and Sons Company, Inc. | 302 (1925) | McReynolds | none | none | E.D. Pa. | affirmed |
| Buck v. Kuykendall | 307 (1925) | Brandeis | none | McReynolds | W.D. Wash. | reversed |
| G.W. Bush and Sons Company v. Maloy | 317 (1925) | Brandeis | none | McReynolds | Md. | reversed |
| Smyth v. Asphalt Belt Railway Company | 326 (1925) | Brandeis | none | none | W.D. Tex. | remand to 5th Cir. |
| Fort Smith Light and Traction Company v. Bourland | 330 (1925) | Brandeis | none | none | Ark. | affirmed |
| Cannon Manufacturing Company v. Cudahy Packing Company | 333 (1925) | Brandeis | none | none | W.D.N.C. | affirmed |
| Merritt v. United States | 338 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| Mitchell v. United States | 341 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| St. Louis, Kennett and Southeastern Railroad Company v. United States | 346 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| Cairo, Truman and Southern Railroad Company v. United States | 350 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| Grayson v. Harris | 352 (1925) | Sutherland | none | none | Okla. | multiple |
| Ohio Utilities Company v. Public Utilities Commission of Ohio | 359 (1925) | Sutherland | none | none | Ohio | reversed |
| Lynch v. Alworth-Stephens Company | 364 (1925) | Sutherland | none | none | 8th Cir. | affirmed |
| Blundell v. Wallace | 373 (1925) | Sutherland | none | none | Okla. | affirmed |
| City of Newark v. Central Railroad Company of New Jersey | 377 (1925) | Butler | none | none | 3d Cir. | affirmed |
| United States v. Butterworth-Judson Corporation | 387 (1925) | Butler | none | none | 2d Cir. | reversed |
| Louisville and Nashville Railroad Company v. United States | 395 (1925) | Butler | none | none | Ct. Cl. | affirmed |
| Chicago, Milwaukee and St. Paul Railway Company v. United States | 403 (1925) | Butler | none | none | Ct. Cl. | affirmed |
| Missouri Pacific Railroad Company v. Stroud | 404 (1925) | Butler | none | none | Mo. Ct. App. | reversed |
| United States v. Kaufman | 408 (1925) | Sanford | none | none | 2d Cir. | affirmed |
| Price v. Magnolia Petroleum Company | 415 (1925) | Sanford | none | none | Okla. | affirmed |
| Pearson v. United States | 423 (1925) | Sanford | none | none | Ct. Cl. | affirmed |
| Lancaster v. McCarty | 427 (1925) | Taft | none | none | Tex. Civ. App. | reversed |
| Brooks v. United States | 432 (1925) | Taft | none | none | D.S.D. | affirmed |
| Barclay and Company, Inc. v. Edwards | 442 (1925) | Taft | none | none | S.D.N.Y. | rehearing denied |
| Oklahoma v. Texas | 452 (1925) | VanDevanter | none | none | original | boundary set |
| Sanford and Brooks Company v. United States | 455 (1925) | Brandeis | none | none | Ct. Cl. | affirmed |
| Horowitz v. United States | 458 (1925) | Sanford | none | none | Ct. Cl. | affirmed |
| Olson v. United States Spruce Production Corporation | 462 (1925) | Holmes | none | none | D. Or. | reversed |
| Lewis v. Roberts | 467 (1925) | Sanford | none | none | 5th Cir. | reversed |
| United States v. P. Lorillard Company | 471 (1925) | Holmes | none | none | Ct. Cl. | affirmed |
| Wells v. Bodkin | 474 (1925) | Taft | none | none | 9th Cir. | affirmed |
| Bohler v. Callaway | 479 (1925) | Taft | none | none | S.D. Ga. | affirmed |
| Western and Atlantic Railroad Company v. Georgia Public Service Commission | 493 (1925) | Taft | none | none | N.D. Ga. | affirmed |
| Steele v. United States I | 498 (1925) | Taft | none | none | S.D.N.Y. | affirmed |
| Steele v. United States II | 505 (1925) | Taft | none | none | S.D.N.Y. | affirmed |
| Santa Fe Pacific Railroad Company v. Work | 511 (1925) | Taft | none | none | D.C. Cir. | affirmed |
| Cooke v. United States | 517 (1925) | Taft | none | none | 5th Cir. | reversed |
| Yeiser v. Dysart | 540 (1925) | Holmes | none | none | Neb. | affirmed |
| Lee v. Lehigh Valley Coal Company | 542 (1925) | Holmes | none | none | S.D.N.Y. | affirmed |
| Modern Woodmen of America v. Mixer | 544 (1925) | Holmes | none | none | Neb. | reversed |
| Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas) | 552 (1925) | VanDevanter | none | none | Kan. | multiple |
