Gelpcke v. Dubuque

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

GELPCKE ET AL.
v.
THE CITY OF DUBUQUE.

No. 81.

Supreme Court of United States.

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.