title: List of United States Supreme Court cases, volume 255
text: # List of United States Supreme Court cases, volume 255
  
  This is a list of cases reported in volume 255 of United States Reports, decided by the Supreme Court of the United States in 1921.
  
  ## Justices of the Supreme Court at the time of volume 255 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 255 were decided the Court comprised the following nine members:
  
  | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
  | - | - | - | - | - | - |
  | Edward Douglass White | Chief Justice | Louisiana | Melville Fuller | December 12, 1910 (Acclamation) | December 19, 1910 – May 19, 1921 (Died) |
  | 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) |
  | John Hessin Clarke | Associate Justice | Ohio | Charles Evans Hughes | July 24, 1916 (Acclamation) | October 9, 1916 – September 18, 1922 (Retired) |
  
  ## 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 255 U.S.
  
  | Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
  | - | - | - | - | - | - | - |
  | Kahn v. Anderson | 1 (1921) | White | none | none | D. Kan. | affirmed |
  | Givens v. Zerbst | 11 (1921) | White | none | none | N.D. Ga. | affirmed |
  | Berger v. United States | 22 (1921) | McKenna | none | Day; McReynolds | 7th Cir. | certification |
  | Alaska Fish Salting and By-Products Company v. Smith | 44 (1921) | Holmes | none | none | D. Alaska | affirmed |
  | Stark Brothers Nurseries and Orchards Company v. Stark | 50 (1921) | Holmes | none | none | 8th Cir. | affirmed |
  | Hogan v. O'Neill | 52 (1921) | Pitney | none | none | D.N.J. | affirmed |
  | Port of Seattle v. Oregon and Washington Railroad Company | 56 (1921) | Brandeis | none | none | W.D. Wash. | reversed |
  | El Banco Popular v. Wilcox | 72 (1921) | White | none | none | 1st Cir. | dismissed |
  | Schooner John Twohy | 77 (1921) | White | none | none | 3d Cir. | reversed |
  | United States v. Cohen Grocery Company | 81 (1921) | White | Pitney | none | E.D. Mo. | affirmed |
  | Tedrow v. A.T. Lewis and Son Dry Goods Company | 98 (1921) | White | none | none | D. Colo. | affirmed |
  | Kennington v. Palmer | 100 (1921) | White | none | none | S.D. Miss. | reversed |
  | Kinnane v. Detroit Creamery Company | 102 (1921) | White | none | none | E.D. Mich. | affirmed |
  | C.A. Weed and Company v. Lockwood | 104 (1921) | White | none | none | W.D.N.Y. | reversed |
  | G.S. Willard Company v. Palmer | 106 (1921) | White | none | none | N.D. Ohio | reversed |
  | Oglesby Grocery Company v. United States | 108 (1921) | White | none | none | N.D. Ga. | reversed |
  | Weeds, Inc. v. United States | 109 (1921) | White | Pitney | none | N.D.N.Y. | reversed |
  | Vandalia Railroad Company v. Schnull | 113 (1921) | McKenna | none | none | Ind. | reversed |
  | Postal Telegraph Cable Company v. City of Fremont | 124 (1921) | McKenna | none | none | Neb. | affirmed |
  | Hartford Life Insurance Company v. Blincoe | 129 (1921) | McKenna | none | none | Mo. | affirmed |
  | United States v. Russell | 138 (1921) | McKenna | none | none | N.D. Ill. | reversed |
  | Lower Vein Coal Company v. Indiana Industrial Board | 144 (1921) | McKenna | none | none | D. Ind. | affirmed |
  | Silver King Coalition Mining Company v. Conkling Mining Company | 151 (1921) | Holmes | none | none | 8th Cir. | reversed |
  | United States v. Rogers | 163 (1921) | Day | none | none | 8th Cir. | affirmed |
  | United States v. Highsmith | 170 (1921) | Day | none | none | 8th Cir. | affirmed |
  | Detroit United Railway Company v. City of Detroit | 171 (1921) | Day | none | none | E.D. Mich. | affirmed |
  | Smith v. Kansas City Title and Trust Company | 180 (1921) | Day | none | Holmes | W.D. Mo. | affirmed |
  | The Pesaro | 216 (1921) | VanDevanter | none | none | S.D.N.Y. | reversed |
  | The Carlo Poma | 219 (1921) | VanDevanter | none | none | 2d Cir. | vacated |
  | Bodkin v. Edwards | 221 (1921) | VanDevanter | none | none | 9th Cir. | affirmed |
  | Baender v. Barnett | 224 (1921) | VanDevanter | none | none | N.D. Cal. | affirmed |
  | Payne v. Central Pacific Railroad Company | 228 (1921) | VanDevanter | none | none | D.C. Cir. | affirmed |
  | Stoehr v. Wallace | 239 (1921) | VanDevanter | none | none | S.D.N.Y. | affirmed |
  | St. Louis, Iron Mountain and Southern Railway Company v. J.F. Hasty and Sons | 252 (1921) | Pitney | none | none | E.D. Ark. | affirmed |
  | United States v. Field | 257 (1921) | Pitney | none | none | Ct. Cl. | affirmed |
  | New Orleans Land Company v. Leader Realty Company | 266 (1921) | McReynolds | none | none | E.D. La. | affirmed |
  | Rutledge Timber Company v. Farrell | 268 (1921) | McReynolds | none | none | 9th Cir. | reversed |
  | Maguire v. Reardon | 271 (1921) | McReynolds | none | none | Cal. Ct. App. | affirmed |
  | Ex parte Chicago, Rock Island and Pacific Railroad Company | 273 (1921) | Brandeis | none | none | N.D. Ohio | mandamus denied |
  | Armour and Company v. City of Dallas | 280 (1921) | Brandeis | none | none | N.D. Tex. | affirmed |
  | Dawson v. Kentucky Distilleries and Warehouse Company | 288 (1921) | Brandeis | none | none | multiple | affirmed |
  | Gouled v. United States | 298 (1921) | Clarke | none | none | 2d Cir. | certification |
  | Amos v. United States | 313 (1921) | Clarke | none | none | E.D.S.C. | reversed |
  | Union Pacific Railroad Company v. Burke | 317 (1921) | Clarke | none | none | N.Y. Sup. Ct. | affirmed |
  | United States v. Diamond Coal and Coke Company | 323 (1921) | White | none | none | 8th Cir. | reversed |
  | Williams v. United States | 336 (1921) | White | none | none | D. Ind. | affirmed |
  | Oregon-Washington Railroad and Navigation Company v. United States | 339 (1921) | McKenna | none | none | Ct. Cl. | affirmed |
  | Western Pacific Railroad Company v. United States | 349 (1921) | McKenna | none | none | Ct. Cl. | affirmed |
  | Supreme Tribe of Ben-Hur v. Cauble | 356 (1921) | Day | none | none | D. Ind. | reversed |
  | Payne v. New Mexico | 367 (1921) | VanDevanter | none | none | D.C. Cir. | affirmed |
  | Winton v. Amos | 373 (1921) | Pitney | none | none | Ct. Cl. | multiple |
  | Pierce v. United States | 398 (1921) | Brandeis | none | none | 8th Cir. | affirmed |
  | United States ex rel. Milwaukee Social Democratic Publishing Company v. Burleson | 407 (1921) | Clarke | none | Brandeis; Holmes | D.C. Cir. | affirmed |
  | Payne v. United States ex rel. Newton | 438 (1921) | VanDevanter | none | non | D.C. Cir. | affirmed |
  | Quong Ham Wah Company v. California Industrial Accident Commission | 445 (1921) | White | none | none | Cal. | dismissed |
  | Ex parte Riddle | 450 (1921) | Holmes | none | none | not indicated | mandamus denied |
  | Hollis v. Kutz | 452 (1921) | Holmes | none | none | D.C. Cir. | affirmed |
  | Lang v. New York Central Railroad Company | 455 (1921) | McKenna | none | Clarke | N.Y. Sup. Ct. | affirmed |
  | Friedman v. United States | 468 (1921) | McKenna | none | none | Ct. Cl. | affirmed |
  | United States v. Coronado Beach Company | 472 (1921) | Holmes | none | none | S.D. Cal. | affirmed |
  | Wyoming v. United States | 489 (1921) | VanDevanter | none | none | 8th Cir. | reversed |
  | Merchants' Loan and Trust Company v. Smietanka | 509 (1921) | Clarke | none | none | N.D. Ill. | affirmed |
  | Eldorado Coal and Mining Company v. Mager | 522 (1921) | Clarke | none | none | N.D. Ill. | affirmed |
  | Goodrich v. Edwards | 527 (1921) | Clarke | none | none | S.D.N.Y. | multiple |
  | Walsh v. Brewster | 536 (1921) | Clarke | none | none | D. Conn. | multiple |
  | Southern Iowa Electric Company v. City of Chariton | 539 (1921) | White | none | none | S.D. Iowa | reversed |
  | City of San Antonio v. San Antonio Public Service Company | 547 (1921) | White | none | none | W.D. Tex. | affirmed |
  