# List of United States Supreme Court cases, volume 211

This is a list of cases reported in volume 211 of United States Reports, decided by the Supreme Court of the United States in 1908 and 1909.

## Justices of the Supreme Court at the time of volume 211 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 211 were decided the Court comprised the following nine members:
| Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
| Melville Fuller | Chief Justice | Illinois | Morrison Waite | July 20, 1888 (41–20) | October 8, 1888 – July 4, 1910 (Died) |
| John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) | December 10, 1877 – October 14, 1911 (Died) |
| David Josiah Brewer | Associate Justice | Kansas | Stanley Matthews | December 18, 1889 (53–11) | January 6, 1890 – March 28, 1910 (Died) |
| Edward Douglass White | Associate Justice | Louisiana | Samuel Blatchford | February 19, 1894 (Acclamation) | March 12, 1894 – December 18, 1910 (Continued as chief justice) |
| Rufus W. Peckham | Associate Justice | New York | Howell Edmunds Jackson | December 9, 1895 (Acclamation) | January 6, 1896 – October 24, 1909 (Died) |
| Joseph McKenna | Associate Justice | California | Stephen Johnson Field | January 21, 1898 (Acclamation) | January 26, 1898 – January 5, 1925 (Retired) |
| Oliver Wendell Holmes Jr. | Associate Justice | Massachusetts | Horace Gray | December 4, 1902 (Acclamation) | December 8, 1902 – January 12, 1932 (Retired) |
| William R. Day | Associate Justice | Ohio | George Shiras Jr. | February 23, 1903 (Acclamation) | March 2, 1903 – November 13, 1922 (Retired) |
| William Henry Moody | Associate Justice | Massachusetts | Henry Billings Brown | December 12, 1906 (Acclamation) | December 17, 1906 – November 20, 1910 (Retired) |

## Notable cases in 211 U.S.
### Berea College v. Kentucky

Berea College v. Kentucky, 211 U.S. 45 (1908), is a significant case in which the Supreme Court upheld the right of states to prohibit private educational institutions chartered as corporations from admitting both black and white students. As in the related Plessy v. Ferguson decision, it was marked by a strongly worded dissent by John Marshall Harlan. The ruling also is a minor landmark on the nature of corporate personhood.

### Twining v. New Jersey

In Twining v. New Jersey, 211 U.S. 78 (1908), the Supreme Court established the Incorporation Doctrine by concluding that, while certain rights enumerated in the federal Bill of Rights might apply to the states under the Fourteenth Amendment's Due Process Clause, the Fifth Amendment's right against self-incrimination was not incorporated. Twining was overturned in Malloy v. Hogan (1964), in which the Court finally incorporated the right against self-incrimination.

## 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.
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.
Bluebook citation style is used for case names, citations, and jurisdictions.
* "# Cir." = United States Court of Appeals
** e.g., "3d Cir." = United States Court of Appeals for the Third Circuit
* "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 211 U.S.

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| Frasch v. Moore | 1 (1908) | Fuller | none | none | D.C. Cir. | dismissed |
| Brandon v. Ard | 11 (1908) | Harlan | none | none | Kan. | affirmed |
| Steele v. Culver | 26 (1908) | Holmes | none | none | C.C.W.D. Mich. | dismissed |
| New York ex rel. Silz v. Hesterberg | 31 (1908) | Day | none | none | N.Y. Sup. Ct. | affirmed |
| Berea College v. Kentucky | 45 (1908) | Brewer | none | Harlan | Ky. | affirmed |
| Louisiana v. Garfield | 70 (1908) | Holmes | none | none | original | dismissed |
| Twining v. New Jersey | 78 (1908) | Moody | none | Harlan | N.J. | affirmed |
| Washington v. Oregon | 127 (1908) | Brewer | none | none | original | boundary set |
| Honolulu R.T. and L. Company v. Wilder I | 137 (1908) | Holmes | none | none | Sup. Ct. Terr. Haw. | affirmed |
| Honolulu R.T. and L. Company v. Wilder II | 144 (1908) | Holmes | none | none | Sup. Ct. Terr. Haw. | dismissed |
| Kaizo v. Henry | 146 (1908) | Moody | none | none | Sup. Ct. Terr. Haw. | affirmed |
| Louisville and Nashville Railroad Company v. Mottley | 149 (1908) | Moody | none | none | C.C.W.D. Ky. | reversed |
| American Sugar Refining Company v. United States | 155 (1908) | Fuller | none | none | C.C.S.D.N.Y. | dismissed |
| Cotton v. Hawaii | 162 (1908) | White | none | none | Sup. Ct. Terr. Haw. | dismissed |
| Bowers Hydraulic Dredging Company v. United States | 176 (1908) | White | none | none | Ct. Cl. | affirmed |
| Phoenix Bridge Company v. United States | 188 (1908) | White | none | none | Ct. Cl. | affirmed |
| Pickford v. Talbott | 199 (1908) | McKenna | none | none | D.C. Cir. | affirmed |
| Prentis v. Atlantic Coast Line Railroad Company | 210 (1908) | Holmes | Fuller, Harlan | none | C.C.E.D. Va. | reversed |
| Wilder v. Inter-Island Steam Navigation Company | 239 (1908) | Day | none | none | Sup. Ct. Terr. Haw. | affirmed |
| Garfield v. United States ex rel. Goldsby | 249 (1908) | Day | none | none | D.C. Cir. | affirmed |
| Garfield v. United States ex rel. Allison | 264 (1908) | Day | none | none | D.C. Cir. | affirmed |
| Home Telephone and Telegraph Company v. City of Los Angeles | 265 (1908) | Moody | none | none | C.C.S.D. Cal. | affirmed |
| Honolulu Rapid Transit and Land Company v. Hawaii | 282 (1908) | Moody | none | none | Sup. Ct. Terr. Haw. | reversed |
| Miller and Lux, Inc. v. East Side Canal and Irrigation Company | 293 (1908) | Harlan | none | none | C.C.S.D. Cal. | affirmed |
| North American Cold Storage Company v. City of Chicago | 306 (1908) | Peckham | none | none | C.C.N.D. Ill. | affirmed |
| Fitchie v. Brown | 321 (1908) | Peckham | none | none | Sup. Ct. Terr. Haw. | affirmed |
| Ingersoll v. Coram | 335 (1908) | McKenna | none | none | 1st Cir. | affirmed |
| United States v. Keitel | 370 (1908) | White | none | none | D. Colo. | reversed |
| United States v. Forrester | 399 (1908) | White | none | none | D. Colo. | reversed |
| United States v. Herr I | 404 (1908) | White | none | none | D. Colo. | reversed |
| United States v. Herr II | 406 (1908) | White | none | none | D. Colo. | affirmed |
| Harriman v. Interstate Commerce Commission | 407 (1908) | McKenna | none | none | Tex. Crim. App. | dismissed |
| Hutchins v. William W. Bierce, Ltd. | 429 (1908) | Holmes | none | none | Sup. Ct. Terr. Haw. | dismissed |
| McCorquodale v. Texas | 432 (1908) | McKenna | none | none | Tex. Crim. App. | dismissed |
| McCandless v. Pratt | 437 (1908) | McKenna | none | none | Sup. Ct. Terr. Haw. | dismissed |
| Paddell v. City of New York | 446 (1908) | Holmes | none | none | N.Y. Sup. Ct. | affirmed |
| Bailey v. Alabama | 452 (1908) | Holmes | none | Harlan | Ala. | affirmed |
| Butler v. Frazee | 459 (1908) | Moody | none | none | D.C. Cir. | affirmed |
| People ex rel. Kopel v. Bingham | 468 (1909) | Fuller | none | none | N.Y. Sup. Ct. | affirmed |
| Beers v. Glynn | 477 (1909) | Brewer | none | none | N.Y. Cnty. Sur. Ct. | affirmed |
| Knop v. Monongahela River Consolidated Coal and Coke Company | 485 (1909) | Brewer | none | none | C.C.E.D. La. | dismissed |
| Lemieux v. Young | 489 (1909) | White | none | none | Conn. | affirmed |
| Miller v. New Orleans Acid and Fertilizer Company | 496 (1909) | White | none | none | La. | affirmed |
| United States v. Biggs | 507 (1909) | White | none | none | D. Colo. | affirmed |
| United States v. Sullenberger | 522 (1909) | White | none | none | D. Colo. | affirmed |
| United States v. Freeman | 525 (1909) | White | none | none | D. Colo. | affirmed |
| Rusch v. John Duncan Land and Mining Company | 526 (1909) | McKenna | none | none | Mich. | affirmed |
| Reid v. United States | 529 (1909) | Holmes | none | none | S.D.N.Y. | dismissed |
| McLean v. Arkansas | 539 (1909) | Day | none | none | Ark. | affirmed |
| Hardaway v. National Surety Company | 552 (1909) | Day | none | none | 6th Cir. | affirmed |
| Murphy v. John Hofman Company | 562 (1909) | Moody | none | none | N.Y. | reversed |
| Page v. Rogers | 575 (1909) | Moody | none | none | 6th Cir. | reversed |
| Green County v. Quinlan | 582 (1909) | Moody | none | Harlan | 6th Cir. | affirmed |
| Green County v. Thomas' Executor | 598 (1909) | Moody | none | none | 6th Cir. | affirmed |
| Southern Realty Investment Company v. Walker | 603 (1909) | Harlan | none | none | C.C.S.D. Ga. | affirmed |
| El Paso and Southwestern Railroad Company v. Vizard | 608 (1909) | Brewer | none | none | 5th Cir. | affirmed |
| Missouri Pacific Railroad Company v. Larabee Flour Mills Company | 612 (1909) | Brewer | Holmes | Moody | Kan. | affirmed |
| Morgan v. Adams | 627 (1909) | McKenna | none | none | D.C. Cir. | dismissed |