Same v. Same

Decided December 15, 1863

Supreme Court of the United States · decided 1863-12-15

This suit differed from 80 — the principal one — only in the fact that the bonds of the city, which in this case bore date 1st September, 1855, were issued prior to the passage of the act of 28th January, 1857, specially. authorizing the city to subscribe to the railroads for which the bonds in No. 80 had been subsequently given.

Decided 1863-12-15

Mr. Justice Swayne,

¶1after 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.”

¶2Judgment reversed and case remanded.