United States Supreme Court Cases & Opinions

U.S. Supreme Court

Allen v. Louisiana, 103 U.S. 80 (1880)

Allen v. Louisiana

103 U.S. 80

Syllabus

1. If the provisions of a statute which are unconstitutional be so connected with its general scope that, should they be stricken out, effect cannot be given to the legislative intent, the other provisions must fall with them.

2. Neither the charter of the City of Louisiana, Missouri, approved March 12, 1870, construed with art. 10, sec. 14, of the state constitution adopted in 1820, nor sec. 17, chap. 63, of the General Statutes of 1865, taken in connection with an amendment to that chapter adopted as sec. 52, March 24, 1870, authorized the city to subscribe to the capital stock of a railroad company organized under the laws of Illinois.

3. A popular vote in favor of a municipal subscription for stock of a railroad company cast at an election held without authority of law does not bind the municipality nor confer the power to make the subscription.

The facts are stated in the opinion of the Court.