List of United States Supreme Court cases, volume 305

Supreme Court of the United States
38°53′26″N 77°00′16″W
Established	March 4, 1789; 235 years ago (1789-03-04)
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W
Composition method	Presidential nomination with Senate confirmation
Authorised 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 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.

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).^[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.

Kellogg Company v. National Biscuit Company

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

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

See also: United States district court

See also: United States court of appeals

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.

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.

See also: Hughes Court

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

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. Graeme B. Dinwoodie, "The Story of Kellogg Co. v. National Biscuit Co.: Breakfast with Brandeis", p. 1, Retrieved on 15 December 2008.

External links

• [1] Case reports in volume 305 from Library of Congress
• [2] Case reports in volume 305 from Court Listener
• [3] Case reports in volume 305 from the Caselaw Access Project of Harvard Law School
• [4] Case reports in volume 305 from Google Scholar
• [5] Case reports in volume 305 from Justia
• [6] Case reports in volume 305 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