title: List of United States Supreme Court cases, volume 262
text: # List of United States Supreme Court cases, volume 262
  
  This is a list of cases reported in volume 262 of United States Reports, decided by the Supreme Court of the United States in 1923.
  
  ## Justices of the Supreme Court at the time of volume 262 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 262 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) |
  | 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) |
  
  ## Notable case in 262 U.S.
  
  ### Meyer v. Nebraska
  
  In Meyer v. Nebraska, 262 U.S. 390 (1923), the Supreme Court held that a 1919 Nebraska law restricting foreign-language education violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Nebraska law had been passed during World War I, during a period of heightened anti-German sentiment in the United States. The Court held that the liberties protected by the Fourteenth Amendment applied to foreign-language speakers. Meyer, along with Pierce v. Society of Sisters (1925), is often cited as one of the first instances in which the U.S. Supreme Court engaged in substantive due process in the area of civil liberties. Harvard Law Professor Laurence Tribe has called them "the two sturdiest pillars of the substantive due process temple". He noted that the decisions in these cases did not describe specific acts as constitutionally protected but a broader area of liberty: "[they] described what they were protecting from the standardizing hand of the state in language that spoke of the family as a center of value-formation and value-transmission ... the authority of parents to make basic choices" and not just controlling the subjects one's child is taught.
  
  ## 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 262 U.S.
  
  | Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
  | - | - | - | - | - | - | - |
  | Chicago Board of Trade v. Olsen | 1 (1923) | Taft | none | none | N.D. Ill. | affirmed |
  | Prendergast v. New York Telephone Company | 43 (1923) | Sanford | none | none | S.D.N.Y. | affirmed |
  | Commercial Trust Company of New Jersey v. Miller, Alien Property Custodian | 51 (1923) | McKenna | none | none | 3d Cir. | affirmed |
  | United States Trust Company of New York v. Miller, Alien Property Custodian | 58 (1923) | McKenna | none | none | D.N.J. | affirmed |
  | Ahrenfeldt v. Miller, Alien Property Custodian | 60 (1923) | McKenna | none | none | 3d Cir. | affirmed |
  | United States v. Luskey | 62 (1923) | McKenna | none | none | Ct. Cl. | affirmed |
  | United States v. Mossel | 65 (1923) | McKenna | none | none | Ct. Cl. | affirmed |
  | A.G. Spalding and Brothers v. Edwards | 66 (1923) | Holmes | none | none | S.D.N.Y. | reversed |
  | St. Louis Southwestern Railway Company v. United States | 70 (1923) | Brandeis | none | none | Ct. Cl. | affirmed |
  | Lion Bonding and Surety Company v. Karatz I | 77 (1923) | Brandeis | none | none | 8th Cir. | reversed |
  | Ex parte Fuller | 91 (1923) | Taft | none | none | S.D.N.Y. | stay denied |
  | New York ex rel. Clyde v. Gilchrist | 94 (1923) | Holmes | none | none | N.Y. Sup. Ct. | affirmed |
  | Cunard Steamship Company, Ltd. v. Mellon, Secretary of the Treasury | 100 (1923) | VanDevanter | none | Sutherland | S.D.N.Y. | multiple |
  | Cullinan v. Walker, Collector of Internal Revenue | 134 (1923) | Brandeis | none | none | S.D. Tex. | affirmed |
  | Yuma County Water Users' Association v. Schlecht | 138 (1923) | Sutherland | none | none | 9th Cir. | affirmed |
  | Dier v. Banton | 147 (1923) | Taft | none | none | S.D.N.Y. | affirmed |
  | Essgee Company of China v. United States | 151 (1923) | Taft | none | none | S.D.N.Y. | affirmed |
  | Magnum Import Company, Inc. v. Coty | 159 (1923) | Taft | none | none | 2d Cir. | suspension denied |
  | United States v. Sischo | 165 (1923) | Holmes | none | none | 9th Cir. | reversed |
  | Bianchi v. Morales | 170 (1923) | Holmes | none | none | D.P.R. | affirmed |
  | Oliver Iron Mining Company v. Lord | 172 (1923) | VanDevanter | none | none | D. Minn. | affirmed |
  | City of Trenton v. New Jersey | 182 (1923) | Butler | none | none | N.J. Sup. Ct. | dismissed |
  | City of Newark v. New Jersey | 192 (1923) | Butler | none | none | N.J. Sup. Ct. | dismissed |
  | Begg v. City of New York | 196 (1923) | Sanford | none | none | 2d Cir. | dismissed |
  | Work v. United States ex rel. McAlester-Edwards Company | 200 (1923) | Taft | none | none | D.C. Cir. | affirmed |
  | American Steel Founderies v. Robertson | 209 (1923) | Taft | none | none | N.D. Ill. | reversed |
  | Curtis, Collins and Holbrook Company v. United States | 215 (1923) | Taft | none | none | 9th Cir. | affirmed |
  | Wagner Electric Manufacturing Company v. Lyndon | 226 (1923) | Taft | none | none | E.D. Mo. | dismissed |
  | Graham v. Du Pont | 234 (1923) | Taft | none | none | 3d Cir. | reversed |
  | Tulsidas v. Insular Collector of Customs | 258 (1923) | McKenna | none | none | Phil. | affirmed |
  | Stevens v. Arnold | 266 (1923) | Holmes | none | none | 3d Cir. | reversed |
  | Hart v. B.F. Keith Vaudeville Exchange | 271 (1923) | Holmes | none | none | S.D.N.Y. | reversed |
  | Ex parte Davis | 274 (1923) | McReynolds | none | none | S.D.N.Y. | prohibition denied |
  | Missouri ex rel. Southwestern Bell Telephone Company v. Public Service Commission of Missouri | 276 (1923) | McReynolds | Brandeis | none | Mo. | reversed |
  | Davis v. Farmers Cooperative Equity Company | 312 (1923) | Brandeis | none | none | Minn. | reversed |
  | Nashville, Chattanooga and St. Louis Railway v. Tennessee | 318 (1923) | Brandeis | none | none | M.D. Tenn. | reversed |
  | South Utah Mines and Smelters v. Beaver County | 325 (1923) | Sutherland | none | none | D. Utah | reversed |
  | Riddle v. Dyche | 333 (1923) | Sutherland | none | none | N.D. Ga. | affirmed |
  | L. Vogelstein and Company, Inc. v. United States | 337 (1923) | Butler | none | none | Ct. Cl. | affirmed |
  | United States v. New River Collieries Company | 341 (1923) | Butler | none | none | 3d Cir. | affirmed |
  | International Life Insurance Company v. Sherman | 346 (1923) | Butler | none | none | Mo. | dismissed |
  | Campbell v. City of Olney | 352 (1923) | Butler | none | none | Young County Ct. | dismissed |
  | McCarthy v. Arndstein | 355 (1923) | Sanford | none | none | S.D.N.Y. | affirmed |
  | Houston Coal Company v. United States | 361 (1923) | McReynolds | none | none | S.D. Ohio | reversed |
  | First National Bank of San Jose v. California | 366 (1923) | McReynolds | none | none | Cal. | reversed |
  | United States v. American Linseed Oil Company | 371 (1923) | McReynolds | none | none | N.D. Ill. | reversed |
  | Meyer v. Nebraska | 390 (1923) | McReynolds | none | none | Neb. | reversed |
  | Bartels v. Iowa | 404 (1923) | McReynolds | none | Holmes | multiple | reversed |
  | Atlantic Coast Line Railroad Company v. Daughton | 413 (1923) | Brandeis | none | none | E.D.N.C. | affirmed |
  | Collins v. Loisel | 426 (1923) | Brandeis | none | none | E.D. La. | affirmed |
  | Georgia Railway and Power Company v. City of Decatur | 432 (1923) | Sutherland | none | none | Ga. | reversed |
  | Georgia Railway and Power Company v. City of College Park | 441 (1923) | Sutherland | none | none | Ga. | reversed |
  | Brush Electric Company v. City of Galveston | 443 (1923) | Sutherland | none | none | S.D. Tex. | affirmed |
  | Massachusetts v. Mellon, Secretary of the Treasury | 447 (1923) | Sutherland | none | none | D.C. Cir. | multiple |
  | Willard, Sutherland and Company v. United States | 489 (1923) | Butler | none | none | Ct. Cl. | affirmed |
  | William C. Atwater and Company, Inc. v. United States | 495 (1923) | Butler | none | none | Ct. Cl. | affirmed |
  | Madera Sugar Pine Company v. Industrial Accident Commission of California | 499 (1923) | Sanford | none | none | Cal. | affirmed |
  | Sonneborn Brothers v. Cureton | 506 (1923) | Taft | McReynolds | none | W.D. Tex. | affirmed |
  | Chas. Wolff Packing Company v. Court of Industrial Relations (Kansas) | 522 (1923) | Taft | none | none | Kan. | reversed |
  | Kentucky Finance Corporation v. Paramount Auto Exchange | 544 (1923) | VanDevanter | none | Brandeis | Wis. | reversed |
  | Pennsylvania v. West Virginia | 553 (1923) | VanDevanter | none | Holmes; McReynolds; Brandeis | original | decree for Pa. |
  | Georgia Railway and Power Company v. Railroad Commission of Georgia | 625 (1923) | Brandeis | none | McKenna | N.D. Ga. | affirmed |
  | Lion Bonding and Surety Company v. Karatz II | 640 (1923) | Brandeis | none | none | 8th Cir. | modification denied |
  | American Bank and Trust Company v. Federal Reserve Bank of Atlanta | 643 (1923) | Brandeis | none | none | 5th Cir. | affirmed |
  | Farmers and Merchants Bank of Monroe, North Carolina v. Federal Reserve Bank of Richmond | 649 (1923) | Brandeis | none | none | N.C. | reversed |
  | Joslin Manufacturing Company v. City of Providence | 668 (1923) | Sutherland | none | none | R.I. Super. Ct. | affirmed |
  | Bluefield Water Works and Improvement Company v. Public Service Commission of West Virginia | 679 (1923) | Butler | none | none | W. Va. | reversed |
  | City National Bank of El Paso v. El Paso and Northeastern Railroad Company | 695 (1923) | Butler | none | none | Tex. Civ. App. | affirmed |
  | Rindge Company v. Los Angeles County | 700 (1923) | Sanford | none | none | Cal. Ct. App. | affirmed |
  | Milheim v. Moffat Tunnel Improvement District | 710 (1923) | Sanford | none | none | Colo. | affirmed |
  