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List of United States Supreme Court cases, volume 303

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 303 of United States Reports, decided by the Supreme Court of the United States in 1938.

Justices of the Supreme Court at the time of volume 303 U.S.

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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).[1] 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 303 were decided the Court comprised the following nine members:

Portrait 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)
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)
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)
Hugo Black Associate Justice Alabama Willis Van Devanter August 17, 1937
(63–16)
August 19, 1937

September 17, 1971
(Retired)
Stanley Forman Reed Associate Justice Kentucky George Sutherland January 25, 1938
(Acclamation)
January 31, 1938

February 25, 1957
(Retired)

Notable Cases in 303 U.S.

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Electric Bond and Share Company v. Securities and Exchange Commission

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In Electric Bond and Share Company v. Securities and Exchange Commission, 303 U.S. 419 (1938), the Supreme Court ruled in favor of the Securities and Exchange Commission (SEC) in a constitutional dispute between the Electric Bond and Share Company and the SEC over the Public Utility Holding Company Act of 1935.[2] The Act gave the SEC authority to regulate electric companies nationwide, and to enforce its rules. It required all companies selling gas and electricity in the United States to register with the SEC, and restricted holding companies to one or two tiers of subsidiaries. The Act also gave the SEC the power to limit holding companies to a geographic area so that individual states could regulate them.

Lovell v. City of Griffin

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Lovell v. City of Griffin, 303 U.S. 444 (1938), related to the requirement of persons to seek government permission to distribute religious material. The Supreme Court ruled it was not constitutional for a city to require such consent; the city ordinance was unconstitutionally overbroad. Because the ordinance restricted not merely the time, place, or manner of the materials distributed, the Court ruled it violated the First Amendment and, by extension, the Fourteenth Amendment, which guaranteed that the federal constitutional guarantees would be binding on individual states.

New Negro Alliance v. Sanitary Grocery Company

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New Negro Alliance v. Sanitary Grocery Company, 303 U.S. 552 (1938), is a landmark decision of the Supreme Court which affects US labor law, safeguarding a right to boycott, and relating to the struggle by African Americans against discriminatory hiring practices. The Court concluded that "peaceful and orderly dissemination of information by those defined as persons interested in a labor dispute concerning 'terms and conditions of employment' in an industry or a plant or a place of business should be lawful".

Hale v. Kentucky

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In Hale v. Kentucky, 303 U.S. 613 (1938), the Supreme Court overturned the conviction of an African American man accused of murder, because the lower court of Kentucky had systematically excluded African Americans from serving on the jury in the case.[3]

Federal court system

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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 303 U.S.

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Case name Citation Opinion of the Court Vote Concurring opinion or statement Dissenting opinion or statement Procedural jurisdiction Result
Kay v. United States 303 U.S. 1 (1938) Hughes 8-0[a] none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) vacated
Brady v. Terminal Railroad Association 303 U.S. 10 (1938) Hughes 8-0[a] none none certiorari to the Missouri Supreme Court (Mo.) reversed
Henneford v. Northern Pacific Railroad Company 303 U.S. 17 (1938) per curiam 8-0[a] none none appeal from the United States District Court for the Eastern District of Washington (E.D. Wash.) reversed
Atkinson v. State Tax Commission of Oregon 303 U.S. 20 (1938) per curiam 8-0[a] none none appeal from the Oregon Supreme Court (Or.) affirmed
United States v. Esnault-Pelterie 303 U.S. 26 (1938) per curiam 7-1[a] none Black (short statement) certiorari to the United States Court of Claims (Ct. Cl.) affirmed
Lonergan v. United States 303 U.S. 33 (1938) McReynolds 8-0[a] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Munro v. United States 303 U.S. 36 (1938) McReynolds 8-0[a] none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed
Myers v. Bethlehem Shipbuilding Corporation 303 U.S. 41 (1938) Brandeis 8-0[a] none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) reversed
Newport News Shipbuilding and Dry Dock Company v. Schauffler 303 U.S. 54 (1938) Brandeis 8-0[a] none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) affirmed
Adam v. Saenger 303 U.S. 59 (1938) Stone 8-0[a] Black (without opinion) none certiorari to the Texas Court of Civil Appeals (Tex. Ct. Civ. App.) reversed
Compania Espanola De Navegacion Maritima, SA v. The Navemar 303 U.S. 68 (1938) Stone 8-0[a] none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) reversed
Connecticut General Life Insurance Company v. Johnson, Treasurer of California 303 U.S. 77 (1938) Stone 7-1[a] none Black (opinion) appeal from the California Supreme Court (Cal.) reversed
Blackton v. Gordon 303 U.S. 91 (1938) Roberts 8-0[a] none none certiorari to the New Jersey Court of Errors and Appeals (N.J.) affirmed
Indiana ex rel. Anderson v. Brand 303 U.S. 95 (1938) Roberts 7-1[a] none Black (opinion) certiorari to the Indiana Supreme Court (Ind.) reversed
Foster v. United States 303 U.S. 118 (1938) Black 8-0[a] none none certiorari to the United States Court of Claims (Ct. Cl.) affirmed
United Gas Public Service Company v. Texas 303 U.S. 123 (1938) Hughes 6-2[b] Black (opinion) McReynolds (opinion; joined by Butler) certiorari to the Texas Court of Civil Appeals (Tex. Ct. Civ. App.) affirmed
New York ex rel. Consolidated Water Company v. Maltbie 303 U.S. 158 (1938) per curiam 8-0[a] none none appeal from the New York Supreme Court (N.Y. Sup. Ct.) dismissed
New York Life Insurance Company v. Gamer 303 U.S. 161 (1938) Butler 6-1[a][b] none Black (opinion) certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
South Carolina Highway Department v. Barnwell Brothers, Inc. 303 U.S. 177 (1938) Stone 7-0[a][b] none none appeal from the United States District Court for the Eastern District of South Carolina (E.D.S.C.) reversed
Maty v. Grasselli Chemical Company 303 U.S. 197 (1938) Black 8-0[a] none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) reversed
Mookini v. United States 303 U.S. 201 (1938) Hughes 8-0[a] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Southwestern Bell Telephone Company v. Oklahoma 303 U.S. 206 (1938) per curiam 8-0[a] none none appeal from the Oklahoma Supreme Court (Okla.) dismissed
Century Indemnity Company v. Nelson 303 U.S. 213 (1938) McReynolds 8-0[a] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Helvering, Commissioner of Internal Revenue v. Therrell 303 U.S. 218 (1938) McReynolds 7-0[a][b] none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) affirmed (one case); reversed (three cases)
United States v. Griffin 303 U.S. 226 (1938) Brandeis 7-0[a][b] Black (without opinion) none appeal from the United States District Court for the Southern District of Georgia (S.D. Ga.) reversed
United States v. Illinois Central Railroad Company 303 U.S. 239 (1938) Butler 7-0[a][b] none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) reversed
McCollum v. Hamilton National Bank 303 U.S. 245 (1938) Butler 8-0[a] none none certiorari to the Tennessee Supreme Court (Tenn.) reversed
Western Live Stock v. Bureau of Revenue 303 U.S. 250 (1938) Stone 6-2[a] none McReynolds and Butler appeal from the New Mexico Supreme Court (N.M.) affirmed
National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc. 303 U.S. 261 (1938) Stone 7-0[a][b] none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) reversed
National Labor Relations Board v. Pacific Greyhound Lines, Inc. 303 U.S. 272 (1938) Stone 7-0[a][b] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
United States v. Klein, Escheator of Pennsylvania 303 U.S. 276 (1938) Stone 7-0[a][b] none none appeal from the Pennsylvania Supreme Court (Pa.) affirmed
St. Paul Mercury Indemnity Company v. Red Cab Company 303 U.S. 283 (1938) Roberts 7-0[a][b] none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) reversed
Helvering, Commissioner of Internal Revenue v. Bullard 303 U.S. 297 (1938) Roberts 7-0[a][b] none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) reversed
Hassett v. Welch 303 U.S. 303 (1938) Roberts 7-0[a][b] none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) affirmed
Escanaba and Lake Superior Railroad Company v. United States 303 U.S. 315 (1938) Roberts 8-0[a] none none appeal from the United States District Court for the Western District of Michigan (W.D. Mich.) affirmed
Lauf v. E.G. Shinner and Company 303 U.S. 323 (1938) Roberts 5-2[a][b] none Butler (opinion; with which McReynolds concurred) certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) reversed
United States v. Patryas 303 U.S. 341 (1938) Black 7-0[a][b] none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) affirmed
Adair v. Bank of America National Trust and Savings Association 303 U.S. 350 (1938) Reed 8-0[a] McReynolds (without opinion) none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Helvering, Commissioner of Internal Revenue v. Bankline Oil Company 303 U.S. 362 (1938) Hughes 7-0[a][b] McReynolds and Butler (without opinion) none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Helvering, Commissioner of Internal Revenue v. O'Donnell 303 U.S. 370 (1938) Hughes 7-0[a][b] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Helvering, Commissioner of Internal Revenue v. Elbe Oil Land Development Company 303 U.S. 372 (1938) Hughes 7-0[a][b] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Helvering, Commissioner of Internal Revenue v. Mountain Producers Corporation 303 U.S. 376 (1938) Hughes 5-2[a][b] none Butler (opinion; with which McReynolds concurred) certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) reversed
Helvering, Commissioner of Internal Revenue v. Mitchell 303 U.S. 391 (1938) Brandeis 6-1[a][b] none McReynolds (without opinion) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) reversed
Ticonic National Bank v. Sprague 303 U.S. 406 (1938) Reed 8-0[a] none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) affirmed
United States v. Wurts 303 U.S. 414 (1938) Black 7-0[a][b] none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) reversed
Electric Bond and Share Company v. Securities and Exchange Commission 303 U.S. 419 (1938) Hughes 6-1[a][b] none McReynolds (without opinion) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed
Lovell v. City of Griffin 303 U.S. 444 (1938) Hughes 8-0[a] none none appeal from the Georgia Court of Appeals (Ga. Ct. App.) reversed
Santa Cruz Fruit Packing Company v. National Labor Relations Board 303 U.S. 453 (1938) Hughes 5-2[a][b] none Butler (opinion; with which McReynolds concurred) certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Deitrick v. Standard Surety and Casualty Company 303 U.S. 471 (1938) McReynolds 6-2[a] none Black (opinion; with which Reed concurred) certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) affirmed
State Farm Mutual Automobile Insurance Company v. Coughran 303 U.S. 485 (1938) McReynolds 8-0[a] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Guaranty Trust Company v. Commissioner of Internal Revenue 303 U.S. 493 (1938) Stone 5-2[a][b] none McReynolds and Roberts (without opinions) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed
United States v. O'Donnell 303 U.S. 501 (1938) Stone 7-0[a][b] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Calmar Steamship Corporation v. Taylor 303 U.S. 525 (1938) Stone 7-1[a] none Black (without opinion) certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) reversed
Adams v. Nagle 303 U.S. 532 (1938) Roberts 8-0[a] none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) reversed
Lincoln Engineering Company v. Stewart-Warner Corporation 303 U.S. 545 (1938) Roberts 7-0[a][c] none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) reversed
New Negro Alliance v. Sanitary Grocery Company 303 U.S. 552 (1938) Roberts 6-2[a] none McReynolds (opinion; joined by Butler) certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) reversed
United States v. Hendler 303 U.S. 564 (1938) Black 7-0[a][b] none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) reversed
Bates Manufacturing Company v. United States 303 U.S. 567 (1938) Black 7-0[a][b] none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) reversed
New York Rapid Transit Corporation v. City of New York 303 U.S. 573 (1938) Reed 7-0[a][d] none none appeal from the New York Supreme Court (N.Y. Sup. Ct.) affirmed
Shannahan v. United States 303 U.S. 596 (1938) Brandeis 8-0[a] none none appeal from the United States District Court for the Northern District of Indiana (N.D. Ind.) affirmed
Coverdale, Sheriff and Ex-Officio Tax Collector v. Arkansas-Louisiana Pipe Line Company 303 U.S. 604 (1938) Reed 7-1[a] none McReynolds (without opinion) appeal from the United States District Court for the Western District of Louisiana (W.D. La.) reversed
Hale v. Kentucky 303 U.S. 613 (1938) per curiam 8-0[a] none none certiorari to the Kentucky Court of Appeals (Ky.) reversed
[a] Cardozo took no part in the case (Justice Cardozo was seriously ill of heart disease and so missed participating in these cases; he died in July 1938.[4])
[b] Reed took no part in the case
[c] Hughes took no part in the case
[d] Stone took no part in the case

Notes and references

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  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  2. ^ "HOLDING FIRM ACT IS DECLARED VALID BY HIGH COURT. 6-1". Library of Congress. Washington D.C. Evening Star. Retrieved August 26, 2019.
  3. ^ "Encyclopedia". The History of Jim Crow. Archived from the original on February 28, 2008.
  4. ^ "Cardozo is Dead; New Heart Attack Fatal to Justice". The New York Times. July 10, 1938.
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