Talbott, Commissioner of Finance v. Thomas

Miller and Malin, Special Judges

(concurring).

We fully concur in the decision of the majority of the court, as so splendidly expressed in Judge Faurest’s opinion, but, in amplification of the reasons which moved us to acquiesce in the reversal, we desire to file our separate concurring opinion.

As stated in the opinion of the court prepared by Judge Faurest, there is before this court for consideration the constitutionality of Chapter 131, 1940 Acts of the General Assembly, Sections 951a-l to 951a-5, Kentucky Statutes.

The act is assailed by the Attorney General, representing the Commissioner of…