title: List of United States Supreme Court cases, volume 100
text: # List of United States Supreme Court cases, volume 100
  
  This is a list of cases reported in volume 100 of United States Reports, decided by the Supreme Court of the United States in 1879 and 1880.
  
  ## Justices of the Supreme Court at the time of 100 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 100 U.S. were decided the Court comprised the following nine members:
  
  | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
  | - | - | - | - | - | - |
  | Morrison Waite | Chief Justice | Ohio | Salmon P. Chase | January 21, 1874 (63–0) | March 4, 1874 – March 23, 1888 (Died) |
  | Nathan Clifford | Associate Justice | Maine | Benjamin Robbins Curtis | January 12, 1858 (26–23) | January 21, 1858 – July 25, 1881 (Died) |
  | Noah Haynes Swayne | Associate Justice | Ohio | John McLean | January 24, 1862 (38–1) | January 27, 1862 – January 24, 1881 (Retired) |
  | Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | July 16, 1862 (Acclamation) | July 21, 1862 – October 13, 1890 (Died) |
  | Stephen Johnson Field | Associate Justice | California | newly-created seat | March 10, 1863 (Acclamation) | May 10, 1863 – December 1, 1897 (Retired) |
  | William Strong | Associate Justice | Pennsylvania | Robert Cooper Grier | February 18, 1870 (No vote recorded) | March 14, 1870 – December 14, 1880 (Retired) |
  | Joseph P. Bradley | Associate Justice | New Jersey | newly-created seat | March 21, 1870 (46–9) | March 23, 1870 – January 22, 1892 (Died) |
  | Ward Hunt | Associate Justice | New York | Samuel Nelson | December 11, 1872 (Acclamation) | January 9, 1873 – January 27, 1882 (Retired) |
  | John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) | December 10, 1877 – October 14, 1911 (Died) |
  
  ## Notable Cases in 100 U.S.
  
  ### Trade-Mark Cases
  
  The Trade-Mark Cases, 100 U.S. 82 (1879), were three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 ruled that the Copyright Clause of the Constitution gives Congress no power to protect or regulate trademarks. In response, Congress passed the Trade Mark Act of 1881, which was based on its Commerce Clause power and therefore passed constitutional review.
  
  ### Strauder v. West Virginia
  
  Strauder v. West Virginia, 100 U.S. 303 (1880), was the first instance in which the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court under Section 3 of the Civil Rights Act of 1866. The Court's holding established the proposition that it is a denial to criminal defendants of the equal protection of the law for a state to exclude persons from service on a grand or petit jury on account of race, color, or previous condition of servitude.
  
  ## 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 100 U.S.
  
  | Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower court | Disposition |
  | - | - | - | - | - | - | - |
  | Ex parte French | 1 (1879) | Waite | none | none | C.C.D. Cal. | mandamus denied |
  | Tintsman v. National Bank | 6 (1879) | Waite | none | none | C.C.W.D. Pa. | dismissed |
  | Garneau v. Dozier | 7 (1879) | Waite | none | none | C.C.E.D. Mo. | dismissal denied |
  | Soule v. United States | 8 (1879) | Clifford | none | none | C.C.D. Cal. | affirmed |
  | Ex parte Reed | 13 (1879) | Swayne | none | none | original | habeas corpus denied |
  | New York Central Railroad Company v. Fraloff | 24 (1879) | Harlan | none | Field | C.C.S.D.N.Y. | affirmed |
  | United States v. Hirsch | 33 (1879) | Miller | none | none | C.C.S.D.N.Y. | certification |
  | Union C.S.M. Company v. Taylor | 37 (1879) | Strong | none | none | C.C.D. Nev. | affirmed |
  | National Bank v. Insurance Company | 43 (1879) | Waite | none | none | not indicated | continued |
  | Tillson v. United States | 43 (1879) | Waite | none | none | Ct. Cl. | affirmed |
  | Fairfield v. Gallatin County | 47 (1879) | Strong | none | none | C.C.S.D. Ill. | reversed |
  | Cowell v. Colorado Springs Company | 55 (1879) | Field | none | none | Supreme Ct. Terr. Colo. | affirmed |
  | American Emigrant Company v. Adams County | 61 (1879) | Bradley | none | none | C.C.D. Iowa | reversed |
  | Holden v. Savings and Trust Company | 72 (1879) | Swayne | none | none | Supreme Ct. D.C. | affirmed |
  | Arthur v. Herold | 75 (1879) | Waite | none | none | C.C.S.D.N.Y. | affirmed |
  | Kansas Pacific Railway Company v. Twombly | 78 (1879) | Waite | none | none | Supreme Ct. Terr. Colo. | affirmed |
  | Trade-Mark Cases | 82 (1879) | Miller | none | none | C.C.S.D.N.Y. and Ohio | certification |
  | Hurt v. Hollingsworth | 100 (1879) | Field | none | none | C.C.E.D. Tex. | reversed |
  | Ricker v. Powell | 104 (1879) | Waite | none | none | C.C.N.D. Ill. | affirmed |
  | Glendale E.F. Company v. Smith | 110 (1879) | Waite | none | none | C.C.D. Mass. | affirmed |
  | Baltimore and Potomac Railroad Company v. Trook | 112 (1879) | Waite | none | none | Supreme Ct. D.C. | dismissed |
  | Lansdale v. Daniels | 113 (1879) | Clifford | none | none | Cal. | affirmed |
  | United States v. Curtis | 119 (1879) | Miller | none | none | C.C.D. Mass. | affirmed |
  | Hatch v. Standard Oil Company | 124 (1879) | Clifford | none | none | C.C.E.D. Mich. | affirmed |
  | City of Brownsville v. Cavazos | 138 (1879) | Field | none | none | C.C.E.D. Tex. | affirmed |
  | Moore v. Simonds | 145 (1879) | Waite | none | none | C.C.D. La. | affirmed |
  | Ballard Paving Company v. Mulford | 147 (1879) | Waite | none | none | Supreme Ct. D.C. | dismissed |
  | Clark v. Freedman's S. and T. Company | 149 (1879) | Harlan | none | none | Supreme Ct. D.C. | affirmed |
  | Hinckley v. Gilman, Clinton and Springfield Railroad Company | 153 (1879) | Miller | none | none | C.C.S.D. Ill. | affirmed |
  | Dow v. Johnson | 158 (1880) | Field | Swayne (part) | Swayne (part), Clifford, Miller | C.C.D. Me. | reversed |
  | National Savings Bank v. Ward | 195 (1880) | Clifford | none | Waite | Supreme Ct. D.C. | affirmed |
  | Phillips v. Moore | 208 (1879) | Field | none | none | C.C.E.D. Tex. | affirmed |
  | Hough v. Texas and Pacific Railway Company | 213 (1880) | Harlan | none | none | C.C.W.D. Tex. | reversed |
  | Craig v. Smith | 226 (1879) | Waite | none | none | C.C.D. Kan. | affirmed |
  | United States v. Perryman | 235 (1880) | Waite | none | none | Ct. Cl. | reversed |
  | Oates v. First National Bank | 239 (1879) | Harlan | none | none | C.C.M.D. Ala. | affirmed |
  | Trenouth v. City of San Francisco | 251 (1880) | Field | none | none | Cal. | affirmed |
  | Tennessee v. Davis | 257 (1880) | Strong | none | Clifford | C.C.M.D. Tenn. | certification |
  | Strauder v. West Virginia | 303 (1880) | Strong | none | Field | W. Va. | reversed |
  | Virginia v. Rives | 313 (1880) | Strong | Field | none | C.C.W.D. Va. | mandamus granted |
  | Ex parte Virginia | 339 (1880) | Strong | none | Field | C.C.W.D. Va. | habeas corpus denied |
  | Ex parte Siebold | 371 (1880) | Bradley | none | none | C.C.D. Md. | habeas corpus denied |
  | Ex parte Clarke | 399 (1880) | Bradley | none | Field | C.C.S.D. Ohio | habeas corpus denied |
  | Packet Company v. City of St. Louis | 423 (1880) | Harlan | none | none | C.C.E.D. Mo. | affirmed |
  | City of Vicksburg v. Tobin | 430 (1880) | Harlan | none | none | C.C.S.D. Miss. | reversed |
  | Guy v. City of Baltimore | 434 (1880) | Harlan | none | Waite | City Ct. Balt. | reversed |
  | Pierce v. Wade | 444 (1880) | Waite | none | none | C.C.D. Kan. | dismissed |
  | Case v. Citizens' Bank | 446 (1880) | Clifford | none | none | C.C.D. La. | affirmed |
  | Removal Cases | 457 (1879) | Waite | Strong, Bradley | none | multiple | reversed (all cases) |
  | Hauenstein v. Lynham | 483 (1880) | Swayne | none | none | Va. | reversed |
  | Kirtland v. Hotchkiss | 491 (1879) | Harlan | none | none | Conn. | dismissed |
  | Parish v. United States | 500 (1880) | Miller | none | none | Ct. Cl. | reversed |
  | United States v. Bowen | 508 (1880) | Miller | none | none | Ct. Cl. | affirmed |
  | Mount Pleasant v. Beckwith | 514 (1880) | Clifford | none | Miller | C.C.E.D. Wis. | affirmed |
  | United States v. Murray | 536 (1880) | Waite | none | none | Ct. Cl. | reversed |
  | People v. Weaver | 539 (1880) | Miller | none | none | N.Y. | reversed |
  | Williams v. Weaver | 547 (1880) | Miller | none | none | N.Y. | affirmed |
  | Newton v. Mahoning County | 548 (1880) | Swayne | none | none | Ohio | affirmed |
  | Meeks v. Olpherts | 564 (1880) | Miller | none | none | C.C.D. Cal. | affirmed |
  | Montgomery v. Sawyer | 571 (1880) | Bradley | none | none | C.C.D. La. | reversed |
  | Dickerson v. Colgrove | 578 (1880) | Swayne | none | none | C.C.W.D. Mich. | affirmed |
  | Cass County v. Gillett | 585 (1879) | Bradley | none | none | C.C.W.D. Mo. | affirmed |
  | Michigan Central Railroad Company v. Slack | 595 (1880) | Miller | none | none | C.C.D. Mass. | affirmed |
  | Jones v. Blackwell | 599 (1880) | Harlan | none | none | C.C.D. La. | reversed |
  | Shaw v. Little Rock and Fort Smith Railroad Company | 605 (1880) | Waite | none | none | C.C.E.D. Ark. | affirmed |
  | Insurance Company v. Gridley | 614 (1880) | Swayne | none | none | C.C.E.D.N.Y. | affirmed |
  | Kidd v. Johnson | 617 (1880) | Field | none | none | C.C.D. La. | affirmed |
  | Wills v. Russell | 621 (1880) | Clifford | none | none | C.C.D. Mass. | affirmed |
  | National Savings Bank v. Creswell | 630 (1880) | Miller | none | none | Supreme Ct. D.C. | affirmed |
  | Florida Central Railroad Company v. Schutte | 644 (1879) | Waite | none | none | C.C.N.D. Fla. | conditional dismissal |
  | Kentucky Improvement Company v. Slack | 648 (1880) | Clifford | none | Field | C.C.D. Mass. | affirmed |
  | Eastern Kentucky Railway Company v. Slack | 659 (1880) | Clifford | none | none | C.C.D. Mass. | affirmed |
  | Railroad Company v. Blair | 661 (1879) | Waite | none | none | C.C.N.D. Ill. | conditional dismissal |
  | United States v. Lippitt | 663 (1880) | Harlan | none | none | Ct. Cl. | affirmed |
  | Burns v. Meyer | 671 (1880) | Bradley | none | none | C.C.E.D. Mo. | affirmed |
  | Branch v. United States | 673 (1880) | Waite | none | none | Ct. Cl. | affirmed |
  | Nagle v. Rutledge | 675 (1880) | Waite | none | none | Supreme Ct. Terr. Wyo. | dismissed |
  | Howe Machine Company v. Gage | 676 (1880) | Swayne | none | none | Tenn. | affirmed |
  | Embry v. United States | 680 (1880) | Waite | none | none | Ct. Cl. | affirmed |
  | First National Bank v. Burkhardt | 686 (1880) | Swayne | none | none | C.C.S.D. Ohio | affirmed |
  | Manning v. John Hancock Mutual Life Insurance Company | 693 (1880) | Strong | none | none | C.C.S.D.N.Y. | affirmed |
  | First National Bank v. Graham | 699 (1880) | Swayne | none | none | Pa. | affirmed |
  | Cox v. National Bank | 704 (1880) | Clifford | none | none | C.C.D. Ky. | affirmed |
  