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HARVELL v. SCHEIDT

No. 454.

107 S.E.2d 549 (1959)

249 N.C. 699

Frederic March HARVELL v. Edward SCHEIDT, Commissioner of the Department of Motor Vehicles for the State of North Carolina.

Supreme Court of North Carolina.

March 18, 1959.

Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., Lucius W. Pullen, Asst. Atty. Gen., for Department of Motor Vehicles.

Charles W. Daniel, for petitioner.

DENNY, Justice.

The question presented for determination on this appeal is whether or not the authority granted to the Commissioner of Motor Vehicles by the General Assembly in G.S. § 20-16(a) (5) to revoke the petitioner's driver's license constitutes an unconstitutional delegation of legislative power.

G.S. § 20-16(a) provides: "The Department shall have authority to suspend the license of any operator...

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