The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1908-12-25


fhe Board of Public Instruction Cor the
County ol Santa oaa, Appellant ~.
g. Groom, Comptroller oL the
tste Of Fl0rida, and v. ". Knott,
Troasuer Of the State Of Florida, APP
pellees.-Santa Rosa County.
Hooker, }.
On the 18th of October, 1908, the APP
nellant, The Board of Public Instrue-
ton for Santa Rosa county, filed an
amended bill against A. g. Groom,
omDtroller, and w. V. Knott, Treas
rrer Of the State Of Florida, in the Cir
it Court Of Leon county, seeking TO
Join them from paying out money
0m the General Revenue Fund of the
otate Ia satisfaction of certain claims
against the State, claiming that the
public schools Of Santa ROea county and
other counties were entitled to priority
Of payment from said fund in aid Of
public schools which had become EMIT
led 10 such aid by compliance with the
terms of Chapter 1881 Of the Laws Of
1905 The bill names specifically the
schools in Santa Rosa county which had
complied with the terms Of the act, and
were entitled TO such aid, and alleged
that the Comptroller had refused to
draw warrants on the Treasurer for the
sums of money which were due. On
bearing the Judge Of the Circuit Court
denied the temporary Injunction, and an
appeal TO this court was taken from this
order.
Appellees attack the constitutiOnalty
of Chapter 1881, Laws of 1905, upon
which this suit is based. Sections one
and two of said act are as follows:
Section /. That every public school
in this State, maintaining an average
daily attendance of eighty 1907 per
centum of the total number of pupils
enrolled in such school, during the reg
ular term as now provided for by law
shall receive aid from the State in
sum sufficient in each case to maintain
such school for two (2) months in addi-
tiOn TO the regular term of such school
provided, that no school now or here
after receiving and from the State under
the provisions OF Chapter 5206 of the
Laws Of Florida shall be entitled to the
benefits Of this act.
Section 2. In order to receive aid as
provided IN section one CD of this act
the County Superintendent of Public
Instruction Of the county in which the
school or schools entitled to receive
same may be located shall within ten
(l0) days Of the expiration of the regu-
lar tern Of such school file with the
State Board Of Education a certified
cOpY|H the reports of such school show
ir sne Average daily attendance, upon
such form as may be prescribed by the
State Board of Education. Upon re-
eeipt Of such report the State Board of
ncation, IL satisfied that all condi- |
Is have been fully complied with, |
shall make roquisition upon the State
Comptroller for the amount due such |
school under the provisions Of this act. |
Article ~ Of the Constitution of 1885
deals with the subject of education.
We quote the following sections
Section The Legislature shall pro-
vide for q uniform system of public free
and shall provide for the liberal
of the same.
Section 4. The State School Fund,
the interest Of which shall be eXclu-
sively applied to the support and main
tenance of public free schools, shall be
derived from the following sources:
The proceeds Of all lands that have
been or may hereafter be granted to
the State by the United States for pub
lie school purposes.
Qcnations TO the State when the pur-
pose Is not specified.
Appropriations by the State.
The proceeds Of escheated property
or forleitures.
Twenty-Five per cent. Of the sales Of
public lands which are not or may here
lfter be owned by the State.
Section 8. The priscipal of the State
School Fund shall remain sacred and In
violate.
Section 6. A special tax of one mill ,
y the dollar Of all taxable property in
be State, in addition TO the other means
lroyided, shall be levied and appOr-
ioned annually for the support and
Of public free schools.
Section Z. Provision shall be made by {
aw for the apportionment and distribn. {
ion Of the interest on the State School Y
Fund, and all other means provided, IN
.luding the special tax, for the support '
nd maintenance Of public free schools {
|p0ng the several counties of the State {
rOportion TO the average attendance
schools in the said counties re-
vely. D
am 8. Each county shall be re- t
to assess and collect annually for
ao support Of public free schools {
herein, tax Of not less than three 81 g
lllls nor more than seven ca mills on
be dollar, Of all taxable property in the
anne
Section 9. The county school fund :
ball conaiat, ia addition to the tax pro
Ided fcr IN section eight OF this article, Z
the proportion Of the interest Of the
tate School Fund and Of the one mill
tntn fnx auuortionod "a tha counkv.