(DOWNLOAD) "Reeves v. Gerard" by Court Of Appeals Of Kentucky " eBook PDF Kindle ePub Free
eBook details
- Title: Reeves v. Gerard
- Author : Court Of Appeals Of Kentucky
- Release Date : January 16, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
WADDILL, Commissioner. This appeal is from a judgment granting a writ of mandamus requiring the Commissioner of Revenue to cause to be fabricated and delivered to appellee an official automobile license plate of the Commonwealth of Kentucky bearing appellee's private radio call number in lieu of the regular official license plate. The Commissioner's defense was that he had been advised by the Attorney General that House Bill No. 60 of the 1952 Session of the General Assembly is violative of Section 3 and Section 59, Subsection 29, of the Kentucky Constitution. This act provides for the issuance of such a license plate to owners of motor vehicles who are residents of this state and who hold official amateur radio station licenses issued by the Federal Communications Commission upon payment of certain fees to the county court clerk. A demurrer to appellant's defense of unconstitutionality was sustained. Appellee contends that the Commissioner of Revenue has no standing or right to call into question the constitutionality of the statute since the duties it imposes upon him are merely ministerial and not discretionary, and do not differ materially from the duties imposed upon him by the remainder of the Motor Vehicle License Statutes. KRS, Chapter 186.
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