title: List of United States Supreme Court cases, volume 301
text: # List of United States Supreme Court cases, volume 301
  
  This is a list of cases reported in volume 301 of United States Reports, decided by the Supreme Court of the United States in 1937.
  
  ## Justices of the Supreme Court at the time of volume 301 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 301 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 Cases in 301 U.S.
  
  ### National Labor Relations Board v. Jones and Laughlin Steel Corporation
  
  In National Labor Relations Board v. Jones and Laughlin Steel Corporation, 301 U.S. 1 (1937) the Supreme Court upheld the constitutionality of the National Labor Relations Act of 1935, also known as the Wagner Act, ruling that Congress could regulate economic activities that were "intrastate in character when separately considered" if they held "such a close and substantial relation to interstate commerce that their control is essential or appropriate to protect that commerce from burdens and obstructions." The case represented a major expansion in the Court's interpretation of Congress's power under the Commerce Clause and effectively spelled the end to the Court's striking down of New Deal economic legislation.
  
  ### United States v. Belmont
  
  United States v. Belmont, 301 U.S. 324 (1937), was a dispute between the federal executive branch and the State of New York over property rights to a deposit from a former Russian corporation with August Belmont & Company, a private New York City banking firm. In Belmont the Supreme Court established executive predominance over state laws and constitutions in the sphere of foreign policy, and allocated the constitutional power for initiating executive agreements solely to the president of the United States.
  
  ### Steward Machine Company v. Davis
  
  In Steward Machine Company v. Davis, 301 U.S. 548 (1937), the Supreme Court upheld the unemployment compensation provisions of the Social Security Act of 1935, which established the federal taxing structure that was designed to induce states to adopt laws for funding and payment of unemployment compensation. The decision showed the Court's acceptance of a broad interpretation of Congressional power to influence state laws.
  
  ## 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 301 U.S.
  
  | Case name | Citation | Opinion of the Court | Vote | Concurring opinion or statement | Dissenting opinion or statement | Procedural jurisdiction | Result |
  | - | - | - | - | - | - | - | - |
  | National Labor Relations Board v. Jones and Laughlin Steel Corporation | 301 U.S. 1 (1937) | Hughes | 5-4 | none | McReynolds (opinion, found at 301 U.S. 76; joined by VanDevanter, Sutherland, and Butler) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | decree judgment affirmed reversed, and cause remanded |
  | National Labor Relations Board v. Fruehauf Trailer Company | 301 U.S. 49 (1937) | Hughes | 5-4 | none | McReynolds (opinion, found at 301 U.S. 76; joined by VanDevanter, Sutherland, and Butler) | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree reversed, and cause remanded |
  | National Labor Relations Board v. Friedman-Harry Marks Clothing Company | 301 U.S. 58 (1937) | Hughes | 5-4 | none | McReynolds (opinion; joined by VanDevanter, Sutherland, and Butler) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decrees reversed, and causes remanded |
  | Associated Press v. National Labor Relations Board | 301 U.S. 103 (1937) | Roberts | 5-4 | none | Sutherland (opinion; jointly with VanDevanter, McReynolds, and Butler) | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
  | Washington, Virginia and Maryland Coach Company v. National Labor Relations Board | 301 U.S. 142 (1937) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) | judgment affirmed |
  | Southern Natural Gas Corporation v. Alabama | 301 U.S. 148 (1937) | Hughes | 9-0 | none | none | appeal from the Alabama Supreme Court (Ala.) | judgment affirmed |
  | Ray v. United States | 301 U.S. 158 (1937) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | order affirmed |
  | Mumm v. Jacob E. Decker and Sons | 301 U.S. 168 (1937) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) | judgment reversed, and cause remanded |
  | Shulman v. Wilson-Sheridan Hotel Company | 301 U.S. 172 (1937) | per curiam | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | order affirmed |
  | Alaska Packers' Association v. Pillsbury | 301 U.S. 174 (1937) | VanDevanter | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decree reversed |
  | National Fertilizer Association, Inc. v. Bradley | 301 U.S. 178 (1937) | McReynolds | 9-0 | none | none | appeal from the United States District Court for the Western District of South Carolina (W.D.S.C.) | decree affirmed |
  | Bourjois, Inc. v. Chapman | 301 U.S. 183 (1937) | Brandeis | 9-0 | none | none | appeal from the United States District Court for the District of Maine (D. Me.) | decree affirmed |
  | Welch v. Obispo Oil Company | 301 U.S. 190 (1937) | Brandeis | 9-0 | none | none | certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) | decree reversed |
  | Boseman v. Connecticut General Life Insurance Company | 301 U.S. 196 (1937) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | decree affirmed |
  | Oppenheimer v. Harriman National Bank and Trust Company | 301 U.S. 206 (1937) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed, and cause remanded |
  | Smith v. Hall | 301 U.S. 216 (1937) | Stone | 8-0[a] | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | decree affirmed |
  | First Bank Stock Corporation v. Minnesota | 301 U.S. 234 (1937) | Stone | 8-0[b] | none | none | appeal from the Minnesota Supreme Court (Minn.) | judgment affirmed |
  | Herndon v. Lowry, Sheriff | 301 U.S. 242 (1937) | Roberts | 5-4 | none | VanDevanter (opinion; joined by McReynolds, Sutherland, and Butler) | appeals from the Georgia Supreme Court (Ga.) | judgment reversed, and cause remanded |
  | Steelman v. All Continent Corporation | 301 U.S. 278 (1937) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | decree reversed |
  | Ohio Bell Telephone Company v. Public Utilities Commission of Ohio | 301 U.S. 292 (1937) | Cardozo | 9-0 | none | none | appeals from the Ohio Supreme Court (Ohio) | decree reversed, and cause remanded |
  | Cincinnati Soap Company v. United States | 301 U.S. 308 (1937) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | judgments affirmed |
  | United States v. Belmont | 301 U.S. 324 (1937) | Sutherland | 9-0 | Stone (opinion; with which Brandeis and Cardozo concurred) | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment reversed |
  | Anniston Manufacturing Company v. Davis, Collector of Internal Revenue | 301 U.S. 337 (1937) | Hughes | 8-1 | Stone and Cardozo (joint short statement) | McReynolds (without opinion) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
  | Chippewa Indians of Minnesota v. United States | 301 U.S. 358 (1937) | VanDevanter | 9-0 | none | none | appeal from the United States Court of Claims (Ct. Cl.) | judgment affirmed |
  | Old Colony Trust Company v. Commissioner of Internal Revenue | 301 U.S. 379 (1937) | McReynolds | 9-0 | none | none | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | judgment reversed, and cause remanded |
  | A.A. Lewis & Company v. Commissioner of Internal Revenue | 301 U.S. 385 (1937) | Sutherland | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment reversed |
  | Aetna Insurance Company v. Kennedy ex rel. Bogash | 301 U.S. 389 (1937) | Butler | 9-0 | none | none | certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) | judgments modified |
  | Lindsey v. Washington | 301 U.S. 397 (1937) | Stone | 9-0 | none | none | certiorari to the Washington Supreme Court (Wash.) | judgment reversed, and cause remanded |
  | United States v. American Sheet and Tin Plate Company | 301 U.S. 402 (1937) | Roberts | 8-1 | none | Butler (short statement) | appeal from the United States District Court for the Western District of Pennsylvania (W.D. Pa.) | decrees reversed, and causes remanded |
  | Great Atlantic and Pacific Tea Company v. Grosjean, Supervisor of Public Accounts of Louisiana | 301 U.S. 412 (1937) | Roberts | 4-3[a][c] | none | Sutherland (opinion; joined by McReynolds and Butler) | appeal from the United States District Court for the Eastern District of Louisiana (E.D. La.) | judgment affirmed |
  | First National Bank and Trust Company v. Beach | 301 U.S. 435 (1937) | Cardozo | 9-0 | none | none | certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) | judgment affirmed |
  | Townsend v. Yeomans, Attorney General of Georgia | 301 U.S. 441 (1937) | Hughes | 9-0 | none | none | appeal from the United States District Court for the Middle District of Georgia (M.D. Ga.) | judgment affirmed |
  | Hartford Steam Boiler Inspection and Insurance Company v. Harrison, Insurance Commissioner of Georgia | 301 U.S. 459 (1937) | McReynolds | 5-4 | none | Roberts (opinion; with which Brandeis, Stone, and Cardozo concurred) | appeal from the Georgia Supreme Court (Ga.) | judgment reversed, and cause remanded |
  | Senn v. Tile Layers Protective Union | 301 U.S. 468 (1937) | Brandeis | 5-4 | none | Butler (opinion; joined by VanDevanter, McReynolds, and Sutherland) | appeal from the Wisconsin Supreme Court (Wis.) | judgment affirmed |
  | Duke v. United States | 301 U.S. 492 (1937) | Sutherland | 9-0 | none | none | certified questions from the United States Court of Appeals for the Fourth Circuit (4th Cir.) | certified questions answered |
  | Carmichael, Attorney General of Alabama v. Southern Coal and Coke Company | 301 U.S. 495 (1937) | Stone | 5-4 | none | McReynolds (without opinion); Sutherland (opinion; with which VanDevanter and Butler concurred) | appeal from the United States District Court for the Middle District of Alabama (M.D. Ala.) | decree reversed |
  | Stone v. White | 301 U.S. 532 (1937) | Stone | 8-1 | none | Roberts (without opinion) | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | decree affirmed |
  | United States ex rel. Girard Trust Company v. Helvering, Commissioner of Internal Revenue | 301 U.S. 540 (1937) | Stone | 8-1 | none | Roberts (without opinion) | certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) | judgment affirmed |
  | Mantle Lamp Company v. Aluminum Products Company | 301 U.S. 544 (1937) | Roberts | 9-0 | none | none | certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) | judgment affirmed |
  | Steward Machine Company v. Davis | 301 U.S. 548 (1937) | Cardozo | 5-4 | none | McReynolds (opinion); Sutherland (opinion; joined by VanDevanter); Butler (opinion) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | judgment affirmed |
  | Helvering, Commissioner of Internal Revenue v. Davis | 301 U.S. 619 (1937) | Cardozo | 7-2 | none | McReynolds and Butler (joint short statement) | certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) | decree reversed |
  | Great Lakes Transit Corporation v. Interstate Steamship Company | 301 U.S. 646 (1937) | Hughes | 9-0 | none | none | certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) | decree reversed, and cause remanded |
  | Thomas v. Perkins | 301 U.S. 655 (1937) | Butler | 7-2 | none | Stone and Cardozo (joint short statement) | certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) | decree affirmed |
  
      [a] VanDevanter took no part in the case
      [b] Butler took no part in the case
      [c] Stone took no part in the case
  