State Ex Rel. State Aeronautics Commission v. Board of Examiners of State

The sole question is whether a specific appropriation 'is a necessary prerequisite for the expenditure of money from the aviation fund to carry on the activities of the state aeronautics commission.

The majority of the court has concluded that the tax of 1 cent per gallon on aviation gasoline is a license tax for regulatory purposes payable into a special fund and is therefore not subject to constitutional prohibitions contained in section' 12 of Article XII, section 34 of Article V and section 10 of Article XII. Section 34 of Article Y declares that “No money shall be paid out of the treasury…