Supreme Court of the United States, 1863

Same v. Same

Same v. Same
Supreme Court of the United States · Decided December 15, 1863 · Swayne
1 U.S. 220 (United States Reports)

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.

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