List of United States Supreme Court cases, volume 289
# List of United States Supreme Court cases, volume 289

This is a list of cases reported in volume 289 of United States Reports, decided by the Supreme Court of the United States in 1933.

## Justices of the Supreme Court at the time of volume 289 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 289 were decided the Court comprised the following nine members:

| 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) |

## Notable Case in 289 U.S.

### Hurn v. Oursler

In Hurn v. Oursler, 289 U.S. 238 (1933), the Supreme Court held that a significant federal question raised in a lawsuit can give jurisdiction to federal courts; even if the federal question is rejected on the merits, the federal court still has jurisdiction to decide the local question on the merits.

## 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 289 U.S.

| Case name | Citation | Opinion of the Court | Vote | Concurring opinion or statement | Dissenting opinion or statement | Procedural jurisdiction | Result |
| - | - | - | - | - | - | - | - |
| Clark v. United States | 289 U.S. 1 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment affirmed |
| Anderson, Collector of Internal Revenue v. Wilson | 289 U.S. 20 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed, and cause remanded |
| Bemis Brothers Bag Company v. United States | 289 U.S. 28 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment reversed |
| Williams v. City of Baltimore | 289 U.S. 36 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgments reversed |
| University of Illinois v. United States | 289 U.S. 48 (1933) | Hughes | 9-0 | none | none | certiorari to the United States Court of Customs and Patent Appeals (C.C.P.A.) | judgment affirmed |
| First National Bank of Shreveport v. Louisiana Tax Commission | 289 U.S. 60 (1933) | Brandeis | 9-0 | none | none | appeal from the Louisiana Supreme Court (La.) | affirmed |
| Public Service Commission of Wisconsin v. Wisconsin Telephone Company | 289 U.S. 67 (1933) | Hughes | 9-0 | none | none | appeal from the United States District Court for the Western District of Wisconsin (W.D. Wis.) | decree vacated, and cause remanded |
| Roberts v. Richland Irrigation District | 289 U.S. 71 (1933) | McReynolds | 8-0[a] | none | none | appeal from the Washington Supreme Court (Wash.) | judgment affirmed |
| St. Louis Southwestern Railway Company v. Missouri Pacific Railroad Company | 289 U.S. 76 (1933) | Brandeis | 9-0 | none | none | certiorari to the Arkansas Supreme Court (Ark.) | judgment affirmed |
| Consolidated Textile Corporation v. Gregory | 289 U.S. 85 (1933) | McReynolds | 9-0 | none | none | appeal from the Wisconsin Supreme Court (Wis.) | judgment reversed, and cause remanded |
| Rossi v. United States | 289 U.S. 89 (1933) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| C.A. Bradley d/b/a Wolverine Motor Freight Lines v. Public Utilities Commission of Ohio | 289 U.S. 92 (1933) | Brandeis | 9-0 | none | none | appeal from the Ohio Supreme Court (Ohio) | judgment affirmed |
| Gant v. Oklahoma City | 289 U.S. 98 (1933) | Sutherland | 9-0 | none | none | appeal from the Oklahoma Supreme Court (Okla.) | decree affirmed |
| Levering and Garrigues Company v. Morrin | 289 U.S. 103 (1933) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree affirmed |
| Lang v. Commissioner of Internal Revenue | 289 U.S. 109 (1933) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | decree affirmed |
| Moffat Tunnel League v. United States | 289 U.S. 113 (1933) | Butler | 9-0 | none | none | appeal from the United States District Court for the District of Delaware (D. Del.) | judgment affirmed |
| Transit Commission v. United States | 289 U.S. 121 (1933) | Butler | 9-0 | none | none | appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) | judgment affirmed |
| Public Service Commission of Montana v. Great Northern Utilities Company | 289 U.S. 130 (1933) | Butler | 9-0 | none | none | appeal from the United States District Court for the District of Montana (D. Mont.) | judgment reversed |
| United States v. Flores | 289 U.S. 137 (1933) | Stone | 9-0 | none | none | appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) | judgment reversed |
| United States v. Burroughs and James Cannon, Jr. | 289 U.S. 159 (1933) | Roberts | 9-0 | Cardozo (without opinion) | none | certified questions from the United States Court of Appeals for the District of Columbia (D.C. Cir.) | certified questions answered |
| Royal Indemnity Company v. American Bond and Mortgage Company | 289 U.S. 165 (1933) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgments affirmed |
| Reinecke v. Smith | 289 U.S. 172 (1933) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed |
| United States v. Dubilier Condenser Corporation | 289 U.S. 178 (1933) | Roberts | 6-3 | none | Stone (opinion; with which Cardozo concurred); Hughes (opinion) | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | decrees affirmed |
| United States v. Darby | 289 U.S. 224 (1933) | Cardozo | 9-0 | none | none | appeal from the United States District Court for the District of Maryland (D. Md.) | judgment reversed, and cause remanded |
| Buffum v. Peter Barceloux Company | 289 U.S. 227 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decree reversed |
| Hurn v. Oursler | 289 U.S. 238 (1933) | Sutherland | 9-0 | Brandeis and Stone think the decree should be affirmed without modification | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree modified in accordance with the foregoing opinion, and as modified, affirmed |
| Edelman, State Treasurer v. Boeing Air Transport, Inc. | 289 U.S. 249 (1933) | Stone | 8-0[b] | none | none | certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) | judgment reversed |
| Young v. Masci | 289 U.S. 253 (1933) | Brandeis | 9-0 | none | none | appeal from the New Jersey Court of Errors and Appeals (N.J.) | judgment affirmed |
| American Car and Foundry Company v. Brassert | 289 U.S. 261 (1933) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| Federal Radio Commission v. Nelson Brothers Bond and Mortgage Company | 289 U.S. 266 (1933) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed, and cause remanded |
| Los Angeles Gas and Electric Corporation v. California Railroad Commission | 289 U.S. 287 (1933) | Hughes | 6-2[b] | none | Butler (opinion; joined by Sutherland) | appeal from the United States District Court for the Southern District of California (S.D. Cal.) | decree affirmed |
| Harrisonville v. W.S. Dickey Clay Manufacturing Company | 289 U.S. 334 (1933) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment reversed |
| Gross v. Irving Trust Company | 289 U.S. 342 (1933) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment affirmed |
| Mintz v. Baldwin, Commissioner of Agriculture and Markets of New York | 289 U.S. 346 (1933) | Butler | 9-0 | none | none | appeal from the United States District Court for the Northern District of New York (N.D.N.Y.) | judgment affirmed |
| United States ex rel. Greathouse v. Dern, Secretary of War | 289 U.S. 352 (1933) | Stone | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed |
| Washington ex rel. Bond and Goodwin and Tucker, Inc. v. Superior Court of Washington for Spokane County | 289 U.S. 361 (1933) | Roberts | 9-0 | none | none | appeal from the Washington Supreme Court (Wash.) | judgment affirmed |
| Daube v. United States | 289 U.S. 367 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Claims (Ct. Cl.) | judgment affirmed |
| George Moore Ice Cream Company v. Rose, Collector of Internal Revenue | 289 U.S. 373 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment reversed |
| Interstate Commerce Commission v. United States ex rel. Campbell | 289 U.S. 385 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
| Wisconsin v. Illinois | 289 U.S. 395 (1933) | Hughes | 9-0 | none | none | original | decree of special master revised |
| South Carolina v. Bailey | 289 U.S. 412 (1933) | McReynolds | 7-2 | none | Brandeis and Butler (joint short statement) | certiorari to the North Carolina Supreme Court (N.C.) | judgment reversed, and cause remanded |
| United States ex rel. Volpe v. Smith, Director of Immigration | 289 U.S. 422 (1933) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
| National Surety Company v. Coriell | 289 U.S. 426 (1933) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed, and cause remanded |
| Ohio v. Chattanooga Boiler and Tank Company | 289 U.S. 439 (1933) | Brandeis | 9-0 | none | none | original | judgment for plaintiff |
| Ex parte La Prade | 289 U.S. 444 (1933) | Butler | 9-0 | none | none | petition for writ of mandamus to the United States District Court for the District of Arizona (D. Ariz.) | mandamus granted |
| Bevan v. Krieger | 289 U.S. 459 (1933) | Roberts | 9-0 | none | none | appeals from the Ohio Supreme Court (Ohio) | judgment affirmed in one case; appeals dismissed in two cases |
| Quercia v. United States | 289 U.S. 466 (1933) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment reversed |
| Conrad, Rubin and Lesser v. Pender | 289 U.S. 472 (1933) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
| Johnson v. Manhattan Railway Company | 289 U.S. 479 (1933) | VanDevanter | 7-0[c][d] | Butler (without opinion) | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree affirmed |
| Leighton v. United States | 289 U.S. 506 (1933) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | judgment affirmed |
| Ickes, Secretary of the Interior v. United States ex rel. Chestatee Pyrites and Chemical Company | 289 U.S. 510 (1933) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment reversed |
| O'Donoghue v. United States | 289 U.S. 516 (1933) | Sutherland | 6-3 | none | Hughes, VanDevanter, and Cardozo (joint opinion) | certified questions from the United States Court of Claims (Ct. Cl.) | certified questions answered |
| Williams v. United States | 289 U.S. 553 (1933) | Sutherland | 9-0 | none | none | certified questions from the United States Court of Claims (Ct. Cl.) | certified questions answered |
| Rogers v. Hill | 289 U.S. 582 (1933) | Butler | 8-0[e] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed, and cause remanded |
| Vermont v. New Hampshire | 289 U.S. 593 (1933) | Stone | 8-0[c] | none | none | original | boundary set |
| Tait, Collector of Internal Revenue v. Western Maryland Railroad Company | 289 U.S. 620 (1933) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment affirmed |
| Texas and Pacific Railroad Company v. United States | 289 U.S. 627 (1933) | Roberts | 5-4 | none | Stone (opinion; with which Hughes, Brandeis, and Cardozo concurred) | appeal from the United States District Court for the Southern District of Texas (S.D. Tex.) | judgment reversed, and cause remanded |
| Burnet, Commissioner of Internal Revenue v. Wells | 289 U.S. 670 (1933) | Cardozo | 5-4 | none | Sutherland (opinion; with which VanDevanter, McReynolds, and Butler concurred) | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment reversed |
| DuPont v. Commissioner of Internal Revenue | 289 U.S. 685 (1933) | Cardozo | 9-0 | VanDevanter, McReynolds, Sutherland, and Butler (joint short statement) | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgment affirmed |
| Sinclair Refining Company v. Jenkins Petroleum Process Company | 289 U.S. 689 (1933) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | decrees affirmed |

    [a] Sutherland took no part in the case
    [b] VanDevanter took no part in the case
    [c] Hughes took no part in the case
    [d] Brandeis took no part in the case
    [e] Roberts took no part in the case
