Crowly v. Thornbrough

Lee Seamster, Chief Justice.

The appellant, J. C. Crowly, proceeding as a taxpayer, instituted this suit in the Pulaski Circuit Court, Third Division. The complaint was filed pursuant to Act 274 of 1953, praying for a declaratory judgment and asking that the court enter a holding that Act 115 of 1955, is unconstitutional and void in violation of the constitutional rights of the appellant and other taxpayers similarly situated.

Tlie appellants’ complaint alleged that Act 115 of 1955 was nnconstitntional and void due to the following reasons:

“(a) It delegates legislative power to the Commissioner…