Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1905-11-10
IS lT uMooNsrlruTIoNALa

The following sendble argument =
taken from The Live Oak Daily Dem,
ocrat. and 10 worthy the careful edn-
sideratiou Of eli falF,miuded people Of
this State;
Editor CaldSsil Of THE Jasper
News signalizes his return 20 Florida
journslism by assVaGo attack on tbe
Buekman education law enacted by
the last Legislature, and gives II
dressing down which would have
been more effective before Zee passage
than Il can be now. We had previous
y learned from other sources that the
constItutionalIty OF the Law was 70 be
tested IN che courts, and from The
News we gather what Wlll probably be
the precise ground Of stack. Our
IaSpsT contemporary says that the
Buckman law violates Article 4, Sec
zion %, Of the State Constitution,
which reads: The superintendent Of
Public Instruction shall have super
vision Of all matteTs pertaining TO pub
lie instruction; che supervision OF
State buifdings devoted TO education
81 purposes, etc. The Buchanan law
provides that the Board Of CoptrOl
shall have Jurisdiction OTeF and com.
plete management and control Of all
Of sald several institutions aud each
and every one Of Them meaning all
the State schools; and that Law also
provides that the coloFed normal
school At Tallahassee lie establlshed
under the supervision and fcontTol
Of the State Board Of Education
and the Board OF Control The
News insists that these two provisions
are 10 direct conflict with Article 4,
Section %, OF the Constitution, a. quo
ted above, and for that reason the
Buckm0u law. now the foundation Of
our entire State school syStem for
higher education, must 60 TO the scrap
pile 90 worthless and invalid leglsla
ton. We pass it TO the lSWyeFs and
the supreme court but We would not
be suFpFiOed II much the greater part
OF State sentiment on THE subject, 10
Il could be sounded, would earnestly
desire that the SupTeme court might
ilnd the Buckman law 20 be conStitu-
tIOnal. The people OF Florida, out
side the few communities 20 be adj
vsFBsly affected BY the passage Of the
law because Of the possible removal Of
schools from their mIdet, dldn't Seem
70 manifest any great degree Of indig-
nation OF opposition while the measure
was under dlscusUion 10 the Leglsla-
tuFe, and after u hSd became Law there
vas. 90 isV 90 we could see, . RensIAl
aOquieScenee In Ice wisdom, the VaFi-
ous cItlet striving for the location OF
che new schools throwing themselves
heartily and OheeFfully into the com.
petition. The schools have now been
lOcated; expensive preliminary steps
taken for the construction OF the uni
VsFslty buildings az GaInesvillsi the
people generally seem 70 be Suffering
under no sense OF wrong or injustice 10
the matter, aud u the State could be
pollsd today We believe there would be
an overwhelming majority against re-
turning 90 former conditions when 10.
sufficient State cid 20 our higher
schools was distributed among 60 many
different institutions and they were a.
each session Of the Legislature clam.
OTOuSly begging TOE more 10 keep them
alive. The NsWs pats Ice case against
the Buokmsh law WItA ihe fore and
vlRoF OF strong conviction and I'M
doubted sincerity, bet We doubt u Il
viii be abla 20 secure = StFOaa follow
ing % lts opposition 20 Law approved
from che beGinaiaa by many OF che
boSt miBdS OF Florida and which wal
undoubtedly designed TO cure = con-
oeded evil Ia the States higher educa-
tlonal Oystem,
"But 70 IL 10 unconstitutional the feet
ShOuld be known ~ coon ~ possible
before heavy expenses are incurred o.
faith 10 che validity OF the statute
The next Legislature can cure che con
stitutional defect and give ne n mes
measure on this subject Of pAFAmoun,
Importance. The BuekmAn lac Wai
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