Proposed plan to provide Negro law student with legal education by establishment of school of law at Negro Agricultural College was in conformity with equal protection of the laws clause of federal Constitution and established segregation policy of state, where it was contemplated that course of study would be equal to that provided at state university and that temporary instruction would be given at state university if new law school was not in actual operation at time of student's enrollment. F.S.A. ss 228.09, 239.01; F.S.A.Const. art. 12, s 12; U.S.C.A.Const. Amend. 14.
In our view this alternative plan presented by the respondents in their answer satisfies all the requirements of the equal protection of the laws clause of the Federal Constitution, Moreover, it conforms as nearly as it can, with due regard to the requirements of the paramount Federal law, with the long established policy of the State of Florida that there shall be a system of segregation of the races in the state school system but that impartial provision shall be made in the schools for white and Negro students alike. See Section 12, Article XII, Constitution of Florida, F.S.A.; Sections 228.09, 239.01, as amended, Florida Statutes, 1941, F.S.A. For under the plan the State will furnish the relator with the legal education requested as soon as such course of study will be furnished to new applicants of any other race group. It will provide the necessary instruction at a tax-supported college or university within the borders of the state. It will offer to the relator facilities for legal education at a Negro college which, according to allegations of the answer and admitted by the motion for peremptory writ to be true, will be substantially equal to those offered within the state at any tax- supported institution of higher learning whose enrollment is restricted to white students. It will stand ready to furnish law instruction, temporarily, at the State university maintained exclusively for white students, in the event adequate facilities for teaching the course are not actually and physically available *614 at the state law school established for Negroes at the time of relator's application and enrollment.
No court in the land has ever required of a sovereign state any more than is encompassed within the plan proposed by the Board of Control in its answer. Every individual political right and privilege guaranteed the citizen by the provisions of the Federal Constitution is maintained under the program, while at the same time the right of the State to adopt such method as it finds best designed to afford substantially equal educational opportunities to Florida citizens of different race groups has been preserved. See Missouri ex rel. Gaines v. Canada, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208, reversing 342 Mo. 121, 113 S.W.2d 783, complying with mandate 344 Mo. 1238, 131 S.W.2d 217; McLaurin v. Oklahoma State Regents for Higher Ed., 70 S.Ct. 851 reversing 87 F.Supp. 528; Fisher v. Hurst, 333 U.S. 147, 68 S.Ct. 389, 92 L.Ed. 604, denying motion for conforming to mandate of Sipuel v. Board of Regents, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247, in 199 Okl. 586, 190 P.2d 437; Sweatt v. Painter, 70 S.Ct. 848, reversing Tex.Civ.App., 210 S.W.2d 442.