Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1905-11-13
Is IT uNooNsTlTUTIONALP

sideTatiOh OF all tair'miDded people OF
this Statei
Editor Caldwell Of The jasper
News signalizes his return TO Florida
journalism by o savage attack on the
BucEmsn education Law enacted BY
the last Legislature, and gives IL q
dressing down which would have
been more effective before &c passage
than it can be now. We had previous
" learned from other sources that the
constItutionSlity OF the Law WaS to be
tested in the courts, and from The
News we gather what will probably be
the precise ground Of attack. Our
Jasper contemporary says that the
Buckmau law violates Article 4, Sec
tiOn %, OF the State COnStitution,
which reads; The superintendent Of
Public Instruction shall have super
vision Of ell matters pertaining to pub
lie instruction; the supervision Of
State buildings devoted TO education
al purposes etc. The Buchanan Law
provides that the Board Of Control
shall have Jurisdiction over and COM
plets management and control of all
Of said several institutions and each
and every one OF them meaning ell
the State schools; and that Law also
provides that the coloFed normal
school at Tallahassee lie established
under the supervision and control
OF the State Board OF Education
and the Board OF Control The
News insists that these two provisions
are in direct conflict with Article 4,
Section %. OF the Constitution, as quo
ted above, and for that reason the
Buchanan law. nov the foundation Of
our entire State school syStep for
higher education, must 60 TO the scrap
pile 90 worthless and invalid legisla.
ton. We pass II to the lsWyeP and
the supreme court but We WOAld not
be auFpFlssd II much the greater part
of State sentiment on this subject, II
Il could be sounded, would earnestly
desiFe that the SupFeme court might
find the Buckman Law TO DO constitu.
tIonal. The people Of Florida, out
side the few cOmmOnltIas 70 be adj
veTsely a8ected by the passage Of the
law because Of the possible removal OF
schools from their midst, didh't seem
so manifest any great degree Of indIg.
nation or opposition while the measure
was under discussion 10 the Legisla.
ture, and after lt he'd became Law there
WAS, so fer % we could see, . general
acquiescsuee Ia Ice Weldon, the VATi-
Gus cities striving for the location Of
the new schools throwing themselves
heartily aud eheeFfully into the COM
petition. The schools have now been
located; expensive preliminary steps
taken for the construction oC the uni-
Veraity buildings at GaineSVillsi the
people generally seem 20 b suReFing
under no sense Of wFong o. injustice 10
the mAtteTj aud 10 che State could be
pollsd today We believe there would be
an overwhelming majority aRainSt rec
turning 70 former conditions when In.
sufficient State cid 70 our higher
schools Was ditlFIbut0d among 90 maAy
different institutions and they we're ~
each session Of the Legislature clam.
orously begging for moro 70 keep them
alive, The News putO Ice case against
the Buskmau Law with che force and
viguT Of strong conviction and IN.
doubted sincerity, bot We doubt % IL
will be able 90 secure . strong follow.
ing In I've opposition 20 = Law approved
from the beginning by many Of the
beat mindS Of Florida and which was
undoubtedly dstlgnsd to cure . con.
oeded evil In the States higher eduoA.
llonal SyUtsm.
But 70 u 10 unconstitutional the fact
ahould BE- known a. soon A possible
before heavy expenses are incurred on
faith Ia che validity Of Ihs statute.
The next Legislature can sure the con.
sIituIionAl defect and give us new
measure ON THE Sobiect Of paramount
importance. The Buekmau Law was
distinctly an educational evolution,
and, like revolution, evolution never
goes backward. Z We cannot believe,
until We zee Il, that there will ever BE-
= return 20 the Old system In Florida 1"
kEElEV lNsTITllTE