Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 153

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 153

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...of this case do not warrant us in here applying the principle we have noticed. The city oflicials who testified said that it was the intention in enacting the ordinance that every vendor of milk, whether he sold it exclusively or in connection with other articles, should pay the license tax, and that, although the ordinance was not enforced against persons who sold milk in connection with other lines of business, this failure was not due to any concerted action on the part of the city authorities to exempt such persons from the operation of the ordinance, but rather to the indifference and negligence of the officers charged with the duty of collecting the license fee. In the cases we have mentioned a reason was shown why the ordinance was administered unequally by the public authorities. In this case no such reason exists. It does not appear that the city authorities had any motive for desiring to tax one class of milk vendors and exempt another class. No economic, political, social or other theory is advanced why the city authorities did not wish to enforce this ordinance impartially, and if the failure to so enforce it was due to the indifference or carelessness of the license officers, or to a doubt upon their part as to the meaning and applicability of the ordinance, this non-action furnishes no ground for exempting appellant from the payment of the tax. It is only when it is made plain that the city authorities, who have control of the administration of the affairs of the city, purposely and systematically administer, or connive at or tacitly consent that subordinate agents or officers who are directly charged with the enforcement of the ordinance, may administer it unequally and thereby give an advantage or preference to an...
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Product details

  • Paperback | 396 pages
  • 189 x 246 x 21mm | 703g
  • United States
  • English
  • Illustrations, black and white
  • 1236795385
  • 9781236795380