Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-08-08
AGAIN LAKE CITY
FAILS or SUCCESS
United States Court Does Not En-
join Moving of University.
HEARD BEFORE JUDGE SHELBY

Again Lake CITY has tailed ~ III
efforts to keep the University Of Flor
ida from being locsted at Gainesville
the reversal this time coming in che
suit argued before lodge David d
Shelby Of Huntsville, Ala, Of the
United States circuit court for the
Fifth judicial circuit.
The Sut was brought ne that OF the
city Of LAKE City and F. B. Moody, a
citizen Of Columbia county, Florida
W. The State Board Of Education, the
State Board OF Control and Andrew
sledd. ~ president Of the University
OF Florida,
The case was argued before Judge
Shelby Mt Huntsville by Col J. \.
Stripping on behalf OF the complain
ants. and Attorney William Wade
Hampton, for the defendants,
The ruling Of the court, which was
filed here yesterday by Clerk f. o.
Locke OF the United States court, de-
mics the petition Of the complainants
for an injunction pendente lite, and
places the costs OF the case on the
complainant
All the papers placed before the
court, including the declaration, are
ordered filed here for record The de-
PENDANTS are given until October let,
1908, TO plead. answer or demur.
Argument on the prayer for lnJunc-
tion pendente lite was heard before
Judge Shelby, In chambers, at Hunts
Vile, Ala. on July q. 1908
What Was introduced.
The decision Of Judge Shelby, As iiled
here yesterday morning for record,
shows that there was presented TO
him the following papers;
The bill OF complaint first filed at
Lake City and then carried before
Judge Malone a. Quincy, together
With Ihe ruling Of Judge Malone there.
on.
Copy Of the order of Judge Malone
diminishing the fret bill filed In the
e6tt to keep the University OF Lake
Cisy.
Copy OF the order Diminishing the bill |
brought just previous to the Hing OF
she last bill OF complaint, bin seeking |
20 compel the return OF such furniture
and equipments 40 had already been
moved TO Gainesville
A telegram sent by President An.
drew eledd, announcing that all the
furniture and equipment had been !
moved from Lake City 20 Gainesville.
The affidavit OF President Sledd that
ths entire equipment and furnishings
OF the University had been moved TO
Gainesville,
The Point involved.
The principal point that 10 raised by
the complainants and on The strength OF
which they hope % eventually secure
an order from the United States courts
compelling the board OF I'D ucation,
81 al. TO move the University back TO
Lake City again, 10 that clause of the
United States constitution which for.
bids the SIstrs 20 pass any law impair
ing the obligation Of any contract
The complainants set W that the
city Of Lake C,ty, aud citizens thereof,
subscribed = certain sum 20 be given
20 the University, together with the
site for the buildings, IN consideration
OF the University locating there The
acceptance OF the site and the money
contribution. they urge. 10 MI accept.
ance ~ the contract Then came the
"BackmAn bill p" rtc., consolidating
the Florida institutions and followed
BY the moving ~ the Un,versity -
Florida
This Law, Therefore, counsel Tor COM
plainants argue tmputs the carving
out OF q eontrAct snd therefore they !
Ask the court to decree that q, con.
IFary 20 the constitution ~ The United
States and therefore null aud VOID
Though no announcement t. that /
Eject has been made q, yet, Il j. prob. ,
able that the ease will 30 TO the Sn-
pSeme court OF the unied state, b..
lore u 10 haAlly disposed ~
University Has Moved.
Meanwhils the University 1i FLORIDA
hes been moved 10 Gainesville, aud
here 10 now none % the furniture or
In Lake Oily
Ne. n =. Bryan, immediately arsrl