Red Rock v. Henry
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Minnesota. The legislature of the State of Minnesota, on March 6, 1868, passed an act entitled “ An Act to authorize the towns in Fillmore, Mower, Freeborn, Faribault, Martin, and Jackson Counties to issue bonds to aid in the construction of any railroad running into or through said counties.”
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Error to the Circuit Court of the United States for the District of Minnesota. The legislature of the State of Minnesota, on March 6, 1868, passed an act entitled “ An Act to authorize the towns in Fillmore, Mower, Freeborn, Faribault, Martin, and Jackson Counties to issue bonds to aid in the construction of any railroad running into or through said counties.” The first three sections of the act, the only ones material to this case, are as follows: — “ Sect. 1. Each town in the counties of Fillmore, Mower, Freeborn, Faribault, Martin, and Jackson is authorized to issue bonds as hereinafter…
1Opinion of the CourtJustice Woods
The statute of March 5, 1870, is an affirmative act, and contains no express repeal of the act of March 6,1868. The question is, therefore, whether the former act repeals the latter by-implication. The leaning of the courts is against, repeals by implication, and if it be possible to reconcile two statutes, one will not be held to repeal the other. McCool v. Smith, 1 Black, 459; United States v. Tynen, 11 Wall. 88.
It was held in Wood v. United States, 16 Pet. 842, that a. repeal by implication must be by “ necessary implication; for it is not sufficient to establish that subsequent laws cover…
2Cases cited5 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- Broughton v. PensacolaSupreme Court of the United States · 1876
- McCool v. SmithSupreme Court of the United States · 1862
- Henderson's TobaccoSupreme Court of the United States · 1871
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