List of United States Supreme Court cases, volume 126

Supreme Court of the United States
38°53′26″N 77°00′16″W
Established	March 4, 1789 (1789-03-04)
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W
Composition method	Presidential nomination with Senate confirmation
Authorized by	Constitution of the United States, Art. III, § 1
Judge term length	life tenure, subject to impeachment and removal
Number of positions	9 (by statute)
Website	supremecourt.gov

This is a list of cases reported in volume 126 of United States Reports, decided by the Supreme Court of the United States in 1888.

Justices of the Supreme Court at the time of volume 126 U.S.

See also: List of justices of the Supreme Court of the United States

See also: List of United States Supreme Court justices by time in office

See also: List of justices of the Supreme Court of the United States by court composition

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 126 U.S. were decided the Court comprised the following eight members (Justice Lucius Quintus Cincinnatus Lamar had not yet joined the Court after the death of Justice William Burnham Woods in 1887):

Portrait	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)
	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)
	Joseph P. Bradley	Associate Justice	New Jersey	newly-created seat	March 21, 1870 (46–9)	March 23, 1870 – January 22, 1892 (Died)
	John Marshall Harlan	Associate Justice	Kentucky	David Davis	November 29, 1877 (Acclamation)	December 10, 1877 – October 14, 1911 (Died)
	Stanley Matthews	Associate Justice	Ohio	Noah Haynes Swayne	May 12, 1881 (24–23)	May 17, 1881 – March 22, 1889 (Died)
	Horace Gray	Associate Justice	Massachusetts	Nathan Clifford	December 20, 1881 (51–5)	January 9, 1882 – September 15, 1902 (Died)
	Samuel Blatchford	Associate Justice	New York	Ward Hunt	March 22, 1882 (Acclamation)	April 3, 1882 – July 7, 1893 (Died)

Citation style

See also: United States district court

See also: United States circuit court

See also: United States federal courts

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 volume 126 U.S.

In volume 126, unique for the United States Reports, an entire volume comprises reports of one set of related cases: The Telephone Cases. They are six cases appealed from various lower courts. The cases all relate to the invention of the telephone. In The Telephone Cases the Supreme Court upheld the priority of patents belonging to Alexander Graham Bell, which were used by the American Bell Telephone Company and the Bell System. The decisions were announced on 19 March 1888, four days before the author of the opinions, Chief Justice Morrison Waite, died unexpectedly of pneumonia.

See also: Waite Court

Case Name	Page & year	Opinion of the Court	Concurring opinion(s)	Dissenting opinion(s)	Lower Court	Disposition
Dolbear v. American Bell Telephone Company	1 (1888)	Waite	none	Bradley	C.C.D. Mass.	affirmed
Molecular Telephone Company v. American Bell Telephone Company	1 (1888)	Waite	none	Bradley	C.C.S.D.N.Y.	reversed
American Bell Telephone Company v. Molecular Telephone Company	1 (1888)	Waite	none	Bradley	C.C.S.D.N.Y.	affirmed
Clay Commercial Telephone Company v. American Bell Telephone Company	1 (1888)	Waite	none	Bradley	C.C.E.D. Pa.	affirmed
People's Telephone Company v. American Bell Telephone Company	1 (1888)	Waite	none	Bradley	C.C.S.D.N.Y.	affirmed
Overland Telephone Company v. American Bell Telephone Company	1 (1888)	Waite	none	Bradley	C.C.S.D.N.Y.	affirmed

See also

• Elisha Gray and Alexander Bell telephone controversy
• History of the telephone
• Timeline of the telephone

External links

• [1] Case reports in volume 126 from Library of Congress
• [2] Case reports in volume 126 from Court Listener
• [3] Case reports in volume 126 from the Caselaw Access Project of Harvard Law School
• [4] Case reports in volume 126 from Google Scholar
• [5] Case reports in volume 126 from Justia
• [6] Case reports in volume 126 from Open Jurist
• Website of the United States Supreme Court
• United States Courts website about the Supreme Court
• National Archives, Records of the Supreme Court of the United States
• American Bar Association, How Does the Supreme Court Work?
• The Supreme Court Historical Society