Same v. Same

Supreme Court of the United States
Same v. Same, 1 U.S. 220 (1863)

Same v. Same

Opinion of the Court

Mr. Justice Swayne,

after stating the difference between tho case and No. 80, and quoting this act, thus delivered the opinion ' of the court:

“ In this act it is clearly implied that cities have authority to subscribe forrailroad stock, and to issue their bonds in payment 3f it. What is implied in a statute is as much a part of it as what is expressed. (United States v. Babbitt, 1 Black, 61.) Considering the subject in the light of these acts, we entertain no doubt that the city possessed the power to issue these bonds.”

Judgment reversed and case remanded.

Reference

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Syllabus
A statute which enacts that whenever any railroad company “shall have received or may hereafter receive the bonds of any city or county upon subscriptions of stock by such city or county, such bonds may bear an interest” at a rate specified, and “may be sold by the company,” in a way mentioned, — implies that a city (whose charter gave it power t