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List of United States Supreme Court cases, volume 305

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
Authorized 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 305 of United States Reports, decided by the Supreme Court of the United States in 1938 and 1939.

Justices of the Supreme Court at the time of volume 305 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 305 were decided the Court comprised the following eight members (Justice Cardozo had died in July 1938 and had not yet been replaced):

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)
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 305 U.S.

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Kellogg Company v. National Biscuit Company

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In Kellogg Company v. National Biscuit Company, 305 U.S. 111 (1938), the Supreme Court ruled that the Kellogg Company was not violating any trademark or unfair competition laws when it manufactured its own Shredded Wheat breakfast cereal, which had originally been invented by the National Biscuit Company (later called Nabisco). Kellogg's version of the product was of an essentially identical shape, and was also marketed as "Shredded Wheat"; but Nabisco's patents had expired, and its trademark application for the term "Shredded Wheat" had been turned down as a descriptive, non-trademarkable term. The Court therefore "forcefully applied the principle that once a patent has expired, its benefits are to be freely enjoyed by the public."[2] Kellogg has been called possibly "the Supreme Court's most versatile and influential trademark decision."[3] It had a direct impact on the structure of the Lanham Act and is a "routine starting point for analysis in trademark opinions in lower courts."[3]

Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri

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In Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, 305 U.S. 337 (1938), the Supreme Court held that states that provided a law school to white students had to provide similar in-state education to blacks as well. States could satisfy this requirement by allowing blacks and whites to attend the same school or by creating a second school for blacks, but when the state provides legal training, it must provide it to every qualified person to satisfy equal protection. It can neither send them to other states, nor condition that training for one group of people, such as blacks, on levels of demand from that group. Key to the court's conclusion was that there was no provision for legal education of blacks in Missouri so Missouri law guaranteeing equal protection applied.

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 305 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
Great Northern Railroad Company v. Leonidas 305 U.S. 1 (1938) per curiam 7-1 none Black (without opinion) certiorari to the Montana Supreme Court (Mont.) affirmed in part, and dismissed in part
Texas Consolidated Theatres, Inc. v. Pittman 305 U.S. 3 (1938) per curiam 8-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) certiorari dismissed
Polk Company v. Glover, County Solicitor 305 U.S. 5 (1938) per curiam 7-1 none Black (opinion) appeal from the United States District Court for the Southern District of Florida (S.D. Fla.) reversed
Guarantee Trust Company v. Virginia 305 U.S. 19 (1938) McReynolds 8-0 none none certiorari to the Virginia Supreme Court (Va.) affirmed
Colorado National Bank v. Commissioner of Internal Revenue 305 U.S. 23 (1938) McReynolds 7-1 Reed (short statement) Black (opinion) certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) reversed
Davis v. Davis 305 U.S. 32 (1938) Butler 8-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) reversed
Davidson v. Commissioner of Internal Revenue 305 U.S. 44 (1938) Butler 8-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) affirmed
Schriber-Schroth Company v. Cleveland Trust Company 305 U.S. 47 (1938) Stone 7-0[a] none none certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) reversed
Stahmann v. Vidal, Collector of Internal Revenue 305 U.S. 61 (1938) Roberts 7-0[b] none none certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) reversed
Sovereign Camp of Woodmen v. Bolin 305 U.S. 66 (1938) Roberts 8-0 none none certiorari to the Missouri Court of Appeals (Mo. Ct. App.) reversed
Helvering, Commissioner of Internal Revenue v. Winmill 305 U.S. 79 (1938) Black 8-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) reversed
Hines, Administrator of Veterans' Affairs v. Lowrey 305 U.S. 85 (1938) Black 8-0 none none certiorari to the New York Supreme Court (N.Y. Sup. Ct.) reversed
Waialua Agricultural Company v. Christian 305 U.S. 91 (1938) Reed 8-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) reversed
Kellogg Company v. National Biscuit Company 305 U.S. 111 (1938) Brandeis 6-2 none McReynolds and Butler (joint short statement) certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) reversed
General Talking Pictures Corporation v. Western Electric Company 305 U.S. 124 (1938) Brandeis 5-2[a] none Black (opinion; joined by Reed) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed
Welch v. Henry 305 U.S. 134 (1938) Stone 5-3 none Roberts (opinion; joined by McReynolds and Butler) appeal from the Wisconsin Supreme Court (Wis.) affirmed
Harris v. Avery Brundage Company 305 U.S. 160 (1938) Black 8-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) affirmed
Stoll v. Gottlieb 305 U.S. 165 (1938) Reed 8-0 McReynolds (without opinion) none certiorari to the Illinois Supreme Court (Ill.) reversed
Shields v. Utah Idaho Central Railroad Company 305 U.S. 177 (1938) Hughes 8-0 Black (without opinion) none certiorari to the United States Court of Appeals for the Tenth Circuit (10th Cir.) reversed
Lyeth v. Hoey, Collector of Internal Revenue 305 U.S. 188 (1938) Hughes 8-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) reversed
Consolidated Edison Company v. National Labor Relations Board 305 U.S. 197 (1938) Hughes 8-0 Butler (opinion, concurring in part and dissenting in part; with which McReynolds concurred); Reed (opinion, concurring in part and dissenting in part; with which Black concurred) none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed as modified
Scher v. United States 305 U.S. 251 (1938) McReynolds 8-0 none none certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) affirmed
California v. Latimer 305 U.S. 255 (1938) Brandeis 8-0 none none original jurisdiction bill dismissed
McDonald v. Thompson 305 U.S. 263 (1938) Butler 8-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) affirmed
M.E. Blatt Company v. United States 305 U.S. 267 (1938) Butler 8-0 Stone (short statement) none certiorari to the United States Court of Claims (Ct. Cl.) reversed
White v. United States 305 U.S. 281 (1938) Stone 5-3 none McReynolds, Butler, and Robert (without opinions) certiorari to the United States Court of Claims (Ct. Cl.) affirmed
Helvering, Commissioner of Internal Revenue v. Chester N. Weaver Company 305 U.S. 293 (1938) Stone 5-3 none McReynolds, Butler, and Robert (without opinions) certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Neblett v. Carpenter, Insurance Commissioner 305 U.S. 297 (1938) Roberts 7-0[b] none none certiorari to the California Supreme Court (Cal.) affirmed
Inter-Island Steam Navigation Company v. Hawaii 305 U.S. 306 (1938) Black 8-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Armstrong Paint and Varnish Works v. Nu-Enamel Corporation 305 U.S. 315 (1938) Reed 8-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) affirmed
Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri 305 U.S. 337 (1938) Hughes 6-2 none McReynolds (opinion; with which Butler concurred) certiorari to the Missouri Supreme Court (Mo.) reversed
Ex parte Century Indemnity Company 305 U.S. 354 (1938) per curiam 8-0 none none appeal from the United States Court of Appeals for the Ninth Circuit (9th Cir.) show-cause rule discharged
United States v. Pleasants 305 U.S. 357 (1939) Hughes 8-0 none none certiorari to the United States Court of Claims (Ct. Cl.) affirmed
Ford Motor Company v. National Labor Relations Board 305 U.S. 364 (1939) Hughes 7-0[a] none none certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) affirmed (one case); certiorari dismissed (one case)
Patterson v. Stanolind Oil and Gas Company 305 U.S. 376 (1939) per curiam 8-0 none none appeal from the Oklahoma Supreme Court (Okla.) dismissed
J. Bacon and Sons v. Martin 305 U.S. 380 (1939) per curiam 8-0 none none appeal from the Kentucky Court of Appeals (Ky.) dismissed
Minnesota v. United States 305 U.S. 382 (1939) Brandeis 8-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) affirmed
Indianapolis Brewing Company v. Liquor Control Commission of Michigan 305 U.S. 391 (1939) Brandeis 8-0 none none appeal from the United States District Court for the Eastern District of Michigan (E.D. Michigan) affirmed
Joseph S. Finch and Company v. McKittrick, Attorney General of Missouri 305 U.S. 395 (1939) Brandeis 8-0 none none appeal from the United States District Court for the Western District of Missouri (W.D. Mo.) affirmed
United States v. Continental National Bank and Trust Company 305 U.S. 398 (1939) Butler 6-2 none Stone (opinion; with which Black concurred) certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) affirmed
James v. United Artists Corporation 305 U.S. 410 (1939) Stone 8-0 none none appeal from the United States District Court for the Southern District of West Virginia (S.D.W. Va.) affirmed
United States v. Algoma Lumber Company 305 U.S. 415 (1939) Stone 6-0[a][c] none none certiorari to the United States Court of Claims (Ct. Cl.) reversed
Socony-Vacuum Oil Company v. Smith 305 U.S. 424 (1939) Stone 6-1[a] none McReynolds (short statement) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed
Gwin, White and Prince, Inc. v. Henneford 305 U.S. 434 (1939) Stone 7-1 Butler (opinion; joined by McReynolds) Black (opinion) appeal from the Washington Supreme Court (Wash.) reversed
Princess Lida of Thurn and Taxis v. Thompson 305 U.S. 456 (1939) Roberts 8-0 none none certiorari to the Pennsylvania Supreme Court (Pa.) affirmed
Helvering, Commissioner of Internal Revenue v. Owens 305 U.S. 468 (1939) Roberts 8-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) affirmed (one case); reversed (one case)
United States v. McClure 305 U.S. 472 (1939) Black 8-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Chippewa Indians of Minnesota v. United States 305 U.S. 479 (1939) Black 8-0 none none appeal from the United States Court of Claims (Ct. Cl.) affirmed
Lyon v. Mutual Beneficial Health and Accident Association 305 U.S. 484 (1939) Black 5-2[a] none Butler (short statement; joined by McReynolds) certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) reversed
Connecticut Railway and Lighting Company v. Palmer 305 U.S. 493 (1939) Reed 6-1[d] none McReynolds (without opinion) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) reversed
Baltimore and Ohio Railroad Company v. United States 305 U.S. 507 (1939) Reed 8-0 none none appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) affirmed
United States v. Powers 305 U.S. 527 (1939) McReynolds 7-0[b] none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Pullman Company v. Jenkins 305 U.S. 534 (1939) Hughes 7-0[a] Black (opinion) none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) affirmed
Alton Railroad Company v. Illinois Commerce Commission 305 U.S. 548 (1939) Butler 7-0[a] none Black (without opinion) appeal from the Illinois Supreme Court (Ill.) affirmed
[a] Roberts took no part in the case
[b] Reed took no part in the case
[c] McReynolds took no part in the case
[d] Brandeis 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. ^ David W. Carstens, Preemption of Direct Molding Statutes: Bonito Boats v. Thunder Craft Boats, 3 Harv. J.L. & Tech. 170 (1990).
  3. ^ a b Graeme B. Dinwoodie, "The Story of Kellogg Co. v. National Biscuit Co.: Breakfast with Brandeis", p. 1, Retrieved on 15 December 2008.
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