title: List of United States Supreme Court cases, volume 260
text: # List of United States Supreme Court cases, volume 260
  
  This is a list of cases reported in volume 260 of United States Reports, decided by the Supreme Court of the United States in 1922 and 1923.
  
  ## Justices of the Supreme Court at the time of volume 260 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 260 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) |
  | Joseph McKenna | Associate Justice | California | Stephen Johnson Field | January 21, 1898 (Acclamation) | January 26, 1898 – January 5, 1925 (Retired) |
  | Oliver Wendell Holmes Jr. | Associate Justice | Massachusetts | Horace Gray | December 4, 1902 (Acclamation) | December 8, 1902 – January 12, 1932 (Retired) |
  | William R. Day | Associate Justice | Ohio | George Shiras Jr. | February 23, 1903 (Acclamation) | March 2, 1903 – November 13, 1922 (Retired) |
  | Willis Van Devanter | Associate Justice | Wyoming | Edward Douglass White (as Associate Justice) | December 15, 1910 (Acclamation) | January 3, 1911 – June 2, 1937 (Retired) |
  | Mahlon Pitney | Associate Justice | New Jersey | John Marshall Harlan | March 13, 1912 (50–26) | March 18, 1912 – December 31, 1922 (Resigned) |
  | 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) |
  
  ## Notable cases in 260 U.S.
  
  ### Zucht v. King
  
  In Zucht v. King, 260 U.S. 174 (1922), the Supreme Court held that the school district of San Antonio, Texas, could constitutionally exclude students not vaccinated against smallpox from attending schools in the district. This followed the Court's 1905 ruling in Jacobson v. Massachusetts, in which the Court "had settled that it is within the police power of a state to provide for compulsory vaccination".
  
  ### Ozawa v. United States
  
  In Ozawa v. United States, 260 U.S. 178 (1922), the Supreme Court found Takao Ozawa, a Japanese-American who was born in Japan but had lived in the United States for 20 years, ineligible for naturalization. In 1914, Ozawa had filed for US citizenship under the Naturalization Act of 1906. This act allowed only "free white persons" and "persons of African nativity or persons of African descent" to naturalize. Ozawa did not challenge the constitutionality of the racial restrictions. Instead, he claimed that Japanese people should be properly classified as "free white persons". The Court held that "the words 'white person' was only to indicate a person of what is popularly known as the Caucasian race", and so Japanese were not considered "free white persons" within the meaning of the law.
  
  ### Yamashita v. Hinkle
  
  In Yamashita v. Hinkle, 260 U.S. 199 (1922), the Supreme Court upheld the constitutionality of the state of Washington's Alien Land Law. The law prohibited Asians from owning property. Washington's attorney general maintained that in order for Japanese people to fit in, their "marked physical characteristics" would have to be destroyed, that "the Negro, the Indian and the Chinaman" had already demonstrated assimilation was not possible for them. The U.S. Supreme Court heard the case, brought by Takuji Yamashita, and affirmed this race-based prohibition, citing its immediately prior issued decision in Takao Ozawa v. United States (described above). Washington's Alien Land Law would not be repealed until 1966.
  
  ### Pennsylvania Coal Co. v. Mahon
  
  In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), the Supreme Court held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. The decision started the doctrine of regulatory taking. The Takings Clause originally applied only when the government physically seized or occupied property. Prior to 1922, American courts followed a clear rule: regulation of land was not a taking. Rather, it was simply an exercise of the government’s police power to protect the public health, safety, welfare, and morals.
  
  ## 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 260 U.S.
  
  | Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
  | - | - | - | - | - | - | - |
  | Wyoming v. Colorado | 1 (1922) | per curiam | none | none | original | rehearing denied |
  | Lederer v. Stockton | 3 (1922) | Taft | none | none | 3d Cir. | affirmed |
  | Charlotte Harbor and Northern Railway Company v. Wells | 8 (1922) | McKenna | none | none | Fla. | affirmed |
  | Knights v. Jackson | 12 (1922) | Holmes | none | none | Mass. | affirmed |
  | North Carolina Railroad Company v. Lee | 16 (1922) | Brandeis | none | none | N.C. | reversed |
  | United States v. Wong Sing | 18 (1922) | McKenna | none | none | D. Utah | reversed |
  | Jackman v. Rosenbaum Company | 22 (1922) | Holmes | none | none | Pa. | affirmed |
  | Interstate Commerce Commission v. United States ex rel. Members of Waste Merchants Association of New York | 32 (1922) | Brandeis | none | none | D.C. Cir. | reversed |
  | Chicago and Northwestern Railway Company v. Nye Schneider Fowler Company | 35 (1922) | Taft | none | none | Neb. | multiple |
  | Wichita Railroad and Light Company v. Public Utilities Commission of Kansas | 48 (1922) | Taft | none | none | 8th Cir. | reversed |
  | Freund v. United States | 60 (1922) | Taft | none | none | Ct. Cl. | reversed |
  | National Union Fire Insurance Company v. Wanberg | 71 (1922)\ | Taft | none | none | N.D. | affirmed |
  | Brewer-Elliott Oil and Gas Company v. United States | 77 (1922) | Taft | none | none | 8th Cir. | affirmed |
  | Ryan v. United States | 90 (1922) | Taft | none | none | Ct. Cl. | affirmed |
  | United States v. Bowman | 94 (1922) | Taft | none | none | S.D.N.Y. | reversed |
  | Ortega Company v. Triay | 103 (1922) | McKenna | none | none | S.D. Fla. | affirmed |
  | Bratton v. Chandler | 110 (1922) | McKenna | none | none | W.D. Tenn. | reversed |
  | Duesenberg Motors Corporation v. United States | 115 (1922) | McKenna | none | none | Ct. Cl. | affirmed |
  | Keokuk and Hamilton Bridge Company v. United States | 125 (1922) | Holmes | none | none | Ct. Cl. | affirmed |
  | McKee v. Gratz | 127 (1922) | Holmes | none | none | 8th Cir. | affirmed |
  | Browne v. Thorn | 137 (1922) | Holmes | none | none | 8th Cir. | affirmed |
  | New York, New Haven and Hartford Railroad Company v. Fruchter | 141 (1922) | McReynolds | none | none | 2d Cir. | reversed |
  | Ohio ex rel. Seney v. Swift and Company | 146 (1922) | McReynolds | none | none | 6th Cir. | dismissed |
  | The Sao Vicente | 151 (1922) | McReynolds | none | none | 2d Cir. | dismissed |
  | Keogh v. Chicago and Northwestern Railway Company | 156 (1922) | Brandeis | none | none | 7th Cir. | affirmed |
  | Baltimore and Ohio Southwestern Railroad Company v. Settle | 166 (1922) | Brandeis | none | none | 6th Cir. | reversed |
  | Zucht v. King | 174 (1922) | Brandeis | none | none | Tex. Civ. App. | dismissed |
  | Ozawa v. United States | 178 (1922) | Sutherland | none | none | 9th Cir. | certification |
  | Yamashita v. Hinkle | 199 (1922) | Sutherland | none | none | Wash. | affirmed |
  | Gaston, Williams and Wigmore of Canada, Ltd. v. Warner | 201 (1922) | Sutherland | none | none | 2d Cir. | affirmed |
  | Southern Pacific Company v. Olympian Dredging Company | 205 (1922) | Sutherland | none | none | 9th Cir. | reversed |
  | Cumberland Telephone and Telegraph Company v. Louisiana Public Service Commission | 212 (1922) | Taft | none | none | E.D. La. | remanded |
  | United States v. Atkins | 220 (1922) | McReynolds | none | none | 8th Cir. | affirmed |
  | Kline v. Burke Construction Company | 226 (1922) | Sutherland | none | none | 8th Cir. | reversed |
  | Liberty Oil Company v. Condon National Bank | 235 (1922) | Taft | none | none | 8th Cir. | reversed |
  | Heisler v. Thomas Colliery Company | 245 (1922) | McKenna | none | none | Pa. | affirmed |
  | General Investment Company v. Lake Shore and Michigan Southern Railway Company | 261 (1922) | VanDevanter | none | none | 6th Cir. | affirmed |
  | United States v. Oregon Lumber Company | 290 (1922) | Sutherland | none | Brandeis | 9th Cir. | certification |
  | City of Boston v. Jackson | 309 (1922) | Taft | none | none | Mass. | affirmed |
  | Southern Railway Company v. Clift | 316 (1922) | McKenna | none | none | Ind. | affirmed |
  | United States v. Mason and Hanger Company | 323 (1922) | McKenna | none | none | Ct. Cl. | affirmed |
  | United States v. Northeastern Construction Company | 326 (1922) | McKenna | none | none | Ct. Cl. | affirmed |
  | Portsmouth Harbor Land and Hotel Company v. United States | 327 (1922) | Holmes | none | Brandeis | Ct. Cl. | reversed |
  | New York Central and Hudson River Railroad Company v. Kinney | 340 (1922) | Holmes | none | none | N.Y. Sup. Ct. | affirmed |
  | St. Louis Cotton Compress Company v. Arkansas | 346 (1922) | Holmes | none | none | Ark. | reversed |
  | Davis v. Green | 349 (1922) | Holmes | none | none | Miss. | reversed |
  | McKelvey v. United States | 353 (1922) | VanDevanter | none | none | 9th Cir. | affirmed |
  | American Mills Company v. American Surety Company | 360 (1922) | Taft | none | none | 2d Cir. | affirmed |
  | Champlain Realty Company v. Town of Brattleboro | 366 (1922) | Taft | none | none] | Vt. | reversed |
  | United States v. Lanza | 377 (1922) | Taft | none | none | W.D. Wash. | reversed |
  | Regal Drug Corporation v. Wardell | 386 (1922) | McKenna | none | none | 9th Cir. | reversed |
  | Pennsylvania Coal Company v. Mahon | 393 (1922) | Holmes | none | Brandeis | Pa. | reversed |
  | Kirby v. United States ex rel. Crow Tribe | 423 (1922) | VanDevanter | none | none | 9th Cir. | affirmed |
  | Cox v. Hart | 427 (1922) | Sutherland | none | none | 9th Cir. | affirmed |
  | Heitler v. United States | 438 (1923) | Taft | none | none | N.D. Ill. | remanded |
  | Sioux City Bridge Company v. Dakota County | 441 (1923) | Taft | none | none | Neb. | reversed |
  | Walker v. Gish | 447 (1923) | Taft | none | none | D.C. Cir. | affirmed |
  | Blamberg Brothers v. United States | 452 (1923) | Taft | none | none | D. Md. | affirmed |
  | Kansas City Southern Railway Company v. Van Zant | 459 (1923) | McKenna | none | none | Mo. | reversed |
  | St. Louis Malleable Casting Company v. George C. Prendergast Construction Company | 469 (1923) | McKenna | none | none | Mo. | affirmed |
  | Galveston Wharf Company v. City of Galveston | 473 (1923) | Holmes | none | none | S.D. Tex. | affirmed |
  | United States v. Stafoff | 477 (1923) | Holmes | none | none | multiple | multiple |
  | United States v. Carver | 482 (1923) | Holmes | none | none | 2d Cir. | certification |
  | Osaka Shosen Kaisha v. Pacific Export Lumber Company | 490 (1923) | McReynolds | none | none | 9th Cir. | reversed |
  | Charles A. Ramsay Company v. Associated Bill Posters of the United States and Canada | 501 (1923) | McReynolds | none | none | 2d Cir. | reversed |
  | Greenport Basin and Construction Company v. United States | 512 (1923) | Brandeis | none | none | E.D.N.Y. | affirmed |
  | Rosenberg Brothers and Company, Inc. v. Curtis Brown Company | 516 (1923) | Brandeis | none | none | W.D.N.Y. | affirmed |
  | Southern Railway Company v. Watts | 519 (1923) | Brandeis | none | none | multiple | affirmed |
  | Stockley v. United States | 532 (1923) | Sutherland | none | none | 5th Cir. | reversed |
  | Mason v. United States | 545 (1923) | Sutherland | none | none | 5th Cir. | multiple |
  | Jeems Bayou Fishing and Hunting Club v. United States | 561 (1923) | Sutherland | none | none | 5th Cir. | affirmed |
  | Baltimore and Ohio Railroad Company v. United States | 565 (1923) | Sutherland | none | none | Ct. Cl. | affirmed |
  | Federal Trade Commission v. Curtis Publishing Company | 568 (1923) | McReynolds | none | Taft ("doubting") | 3d Cir. | affirmed |
  | American Railway Express Company v. Lindenburg | 584 (1923) | Sutherland | none | none | W. Va. | reversed |
  | Hill v. Smith | 592 (1923) | Holmes | none | none | Mass. Super. Ct. | affirmed |
  | Snake Creek Mining and Tunnel Company v. Midway Irrigation Company | 596 (1923) | VanDevanter | none | none | 8th Cir. | affirmed |
  | Oklahoma v. Texas | 606 (1923) | VanDevanter | none | McReynolds | original | referred to commissioners |
  | Bankers Trust Company v. Blodgett | 647 (1923) | McKenna | none | none | Conn. Super. Ct. | affirmed |
  | Lee v. Chesapeake and Ohio Railway Company | 653 (1923) | VanDevanter | none | none | E.D. Ky. | affirmed |
  | United States v. Lane | 662 (1923) | Sutherland | none | none | 5th Cir. | affirmed |
  | Foley v. United States | 667 (1923) | McKenna | none | none | Ct. Cl. | affirmed |
  | Conley v. Barton | 677 (1923) | McKenna | none | none | Me. | affirmed |
  | Leigh Ellis and Company v. Davis | 682 (1923) | Holmes | none | none | 5th Cir. | affirmed |
  | A. Bourjois and Company, Inc. v. Katzel | 689 (1923) | Holmes | none | none | 2d Cir. | reversed |
  