# List of United States Supreme Court cases, volume 196

This is a list of cases reported in volume 196 of United States Reports, decided by the Supreme Court of the United States in 1904 and 1905.

## Justices of the Supreme Court at the time of volume 196 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 196 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) |
| Henry Billings Brown | Associate Justice | Michigan | Samuel Freeman Miller | December 29, 1890 (Acclamation) | January 5, 1891 – May 28, 1906 (Retired) |
| 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) |

## Notable Case in 196 U.S.
### Swift & Co. v. United States

Swift & Co. v. United States, 196 U.S. 375 (1904), is a landmark decision under the Sherman Antitrust Act of 1890. The Supreme Court ruled that the Commerce Clause of the United States Constitution allows the federal government to regulate monopolies having a direct effect on commerce. It marked the success of the Presidency of Theodore Roosevelt in destroying the Beef Trust. In particular, it allowed Congress to regulate the Chicago slaughterhouse industry; though the slaughterhouses claimed they dealt only in intrastate commerce, the butchering of meat was held by the Court to be merely a "station" along the way between cow and consumer. So, as part of the national meat industry among different states, Congress can regulate it. The federal government's victory in the case encouraged it to pursue other antitrust actions. Public opinion, outraged by Upton Sinclair's novel The Jungle, which depicted horribly unsanitary conditions in Chicago's meatpacking plants, supported the decision. Congress followed by passing in 1906 both the Pure Food and Drug Act and the Meat Inspection Act.

## 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 196 U.S.

| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| Johnson v. Southern P.R.R. Co. | 1 (1904) | Fuller | none | none | 8th Cir. | reversed |
| Missouri v. Nebraska | 23 (1904) | Harlan | none | none | original | continued |
| Keely v. Moore | 38 (1904) | Brown | none | none | D.C. Cir. | affirmed |
| Hunt v. Springfield F. & M. Ins. Co. | 47 (1904) | Brown | none | none | D.C. Cir. | affirmed |
| Texas & P. Ry. Co. v. Swearingen | 51 (1904) | White | none | none | 5th Cir. | affirmed |
| Lee v. Robinson | 64 (1904) | Holmes | none | none | C.C.D.S.C. | affirmed |
| Wetmore v. Markoe | 68 (1904) | Day | none | none | N.Y. Sup. Ct. | affirmed |
| Harding v. Illinois | 78 (1904) | Day | none | none | Ill. | dismissed |
| Courtney v. Pradt | 89 (1905) | Fuller | none | none | C.C.E.D. Ky. | dismissed |
| Smalley v. Laugenour | 93 (1905) | Fuller | none | none | Wash. | dismissed |
| Comstock v. Eagleton | 99 (1905) | Fuller | none | none | Sup. Ct. Terr. Okla. | dismissed |
| Scott v. Carew | 100 (1905) | Brewer | none | none | 5th Cir. | affirmed |
| First Nat'l Bank v. Lasater | 115 (1905) | Brewer | none | none | Tex. Civ. App. | reversed |
| Butte C.W. Co. v. Baker | 119 (1905) | Brewer | none | none | Mont. | affirmed |
| Chicago et al. Ry. Co. v. McGuire | 128 (1905) | Brown | none | none | Ind. App. | dismissed |
| American Express Co. v. Iowa | 133 (1905) | White | none | none | Iowa | reversed |
| Adams E. Co. v. Iowa | 147 (1905) | White | none | none | Iowa | reversed |
| Lucius v. Cawthon C. Co. | 149 (1905) | White | none | none | S.D. Ala. | dismissed |
| Wolff v. District of Columbia | 152 (1905) | McKenna | none | none | D.C. Cir. | affirmed |
| DC has no special duty to light streets to prevent people from tripping over lawful road obstructions. |||||||
| Moore v. United States | 157 (1905) | McKenna | none | none | Ct. Cl. | reversed |
| Hartigan v. United States | 169 (1904) | McKenna | none | none | Ct. Cl. | affirmed |
| Sixto v. Sarria | 175 (1905) | Day | none | none | D.P.R. | reversed |
| Fullerton v. Texas | 194 (1905) | Fuller | none | none | Tex. Crim. App. | dismissed |
| Central of Ga. Ry. Co. v. Murphey | 194 (1905) | Peckham | none | none | Ga. | reversed |
| United States v. United V.C. Co. | 207 (1905) | McKenna | none | Brown | Sup. Ct. Terr. Ariz. | affirmed |
| Union S.Y. Co. v. Chicago et al. R.R. Co. | 217 (1905) | Day | none | none | 8th Cir. | certification |
| Slavens v. United States | 229 (1905) | Day | none | none | Ct. Cl. | affirmed |
| Madisonville T. Co. v. St. Bernard M. Co. | 239 (1905) | Harlan | none | Holmes | C.C.W.D. Ky. | affirmed |
| Cook v. Marshall Cnty. | 261 (1905) | Brown | White | none | Iowa | affirmed |
| Hodge v. Muscatine Cnty. | 276 (1905) | Brown | White | none | Iowa | affirmed |
| Burton v. United States | 283 (1905) | Peckham | none | Harlan | E.D. Mo. | reversed |
| United States v. Harvey S. Co. | 310 (1905) | Holmes | none | none | Ct. Cl. | affirmed |
| Rooney v. North Dakota | 319 (1905) | Harlan | none | none | N.D. | affirmed |
| United States v. Crosley | 327 (1905) | Day | none | none | Ct. Cl. | affirmed |
| Creede et al. Co. v. Uinta et al. Co. | 337 (1905) | Brewer | none | none | 8th Cir. | affirmed |
| Ramsey v. Tacoma L. Co. | 360 (1905) | Brewer | none | none | Wash. | affirmed |
| Munsey v. Clough | 364 (1905) | Peckham | none | none | N.H. | affirmed |
| Swift & Co. v. United States | 375 (1905) | Holmes | none | none | C.C.N.D. Ill. | affirmed |
| Small v. Rakestraw | 403 (1905) | Holmes | none | none | Mont. | affirmed |
| Hamburg et al. Co. v. Grube | 407 (1905) | Fuller | none | none | N.H. | affirmed |
| McDaniel v. Traylor | 415 (1905) | Harlan | none | none | C.C.E.D. Ark. | reversed |
| Caledonian C. Co. v. Baker | 432 (1905) | Harlan | none | none | Sup. Ct. Terr. N.M. | affirmed |
| Smiley v. Kansas | 447 (1905) | Brewer | none | none | Kan. | affirmed |
| Allen v. Alleghany Co. | 458 (1905) | Brown | none | none | N.J. Sup. Ct. | dismissed |
| Corry v. City of Baltimore | 466 (1905) | White | none | none | Md. | affirmed |
| Vanderbilt v. Eidman | 480 (1905) | White | none | none | 2d Cir. | certification |
| Western T. & T. Co. v. Brown | 502 (1905) | White | none | none | 8th Cir. | reversed |
| United States v. Engard | 511 (1905) | White | none | none | Ct. Cl. | affirmed |
| Thompson v. Fairbanks | 516 (1905) | Peckham | none | none | Vt. | affirmed |
| City of Oklahoma City v. McMaster | 529 (1905) | Peckham | none | none | Sup. Ct. Terr. Okla. | reversed |
| City of Worcester v. Worcester C.S. Ry. Co. | 539 (1905) | Peckham | none | none | Mass. | affirmed |
| Flanigan v. Sierra Cnty. | 553 (1905) | McKenna | none | none | 9th Cir. | reversed |
| Wheeler v. Plumas Cnty. | 562 (1905) | McKenna | none | none | 9th Cir. | reversed |
| McCaffrey v. Manogue | 563 (1905) | McKenna | none | none | D.C. Cir. | reversed |
| United States v. Montana L. Mfg. Co. | 573 (1905) | McKenna | none | none | 9th Cir. | certification |
| Doctor v. Harrington | 579 (1905) | McKenna | none | none | C.C.S.D.N.Y. | reversed |
| The Germanic | 589 (1905) | Holmes | none | none | 2d Cir. | affirmed |
| Coulter v. Louisville & N.R.R. Co. | 599 (1905) | Holmes | none | none | C.C.E.D. Ky. | reversed |
| Scottish et al. Co. v. Bowland | 611 (1905) | Day | none | none | C.C.S.D. Ohio | reversed |