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.
Justices of the Supreme Court at the time of volume 133 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 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 (41–20) –July 4, 1910(Died) Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel (Acclamation) –October 13, 1890(Died) Stephen Johnson Field Associate Justice California newly created seat (Acclamation)–December 1, 1897(Retired) Joseph P. Bradley Associate Justice New Jersey newly created seat (46–9) –January 22, 1892(Died) John Marshall Harlan Associate Justice Kentucky David Davis (Acclamation) –October 14, 1911(Died) Horace Gray Associate Justice Massachusetts Nathan Clifford (51–5) –September 15, 1902(Died) Samuel Blatchford Associate Justice New York Ward Hunt (Acclamation) –July 7, 1893(Died) Lucius Quintus Cincinnatus Lamar Associate Justice Mississippi William Burnham Woods (32–28) –January 23, 1893(Died) David Josiah Brewer Associate Justice Kansas Stanley Matthews (53–11) –March 28, 1910(Died)
Notable Case in 133 U.S. Davis v. Beason 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."
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.
Bluebook citation style is used for case names, citations, and jurisdictions. "C.C.D." = United States Circuit Court for the District of . . . e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey "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.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York 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 133 U.S.
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
Notes and references
External links Case reports in volume 133 from Library of Congress Case reports in volume 133 from Court Listener Case reports in volume 133 from the Caselaw Access Project of Harvard Law School Case reports in volume 133 from Google Scholar Case reports in volume 133 from Justia Case reports in volume 133 from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society