Supreme Court of the United States, 1864

Gelpcke v. Dubuque

Gelpcke v. Dubuque
Supreme Court of the United States · Decided January 11, 1864 · Swayne, After Stating the Difference Between the Case and No. 80, and Quoting This Act, Thus
68 U.S. 220; 1 Wall. 220 (United States Reports)

Gelpcke v. Dubuque

Opinion

68 U.S. 220 (____)
1 Wall. 220

GELPCKE ET AL.
v.
THE CITY OF DUBUQUE.

No. 81.

Supreme Court of United States.

*221 Mr. JUSTICE SWAYNE, after stating the difference between the 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 for railroad stock, and to issue their bonds in payment of 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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