John Marshall Harlan II,
Farmer v. Arabian American Oil Company…
“ The only possible justification for bringing this case here was to settle the question of whether the 100-mile subpoena rule deprives a district court of power to tax as costs the traveling expenses of witnesses reasonably brought by the prevailing litigant from places beyond that distance. The Court, however, declines to make any precise holding on this question. The scope of the discretion of a district judge acting within his powers, which is the foundation of today's decision, is in my opinion a matter which should be left with the courts of appeals. ”
