
    S. M. TOWLES, Appellant, v. BOARD OF PUBLIC INSTRUCTION OF TAYLOR COUNTY, Rudolph Parker, Bryon Freeman, S. S. Agner, Robert Childs and Harley Bennett, as members of the Board of Public Instruction of Taylor County, and Allen Hart, as Superintendent of Public Instruction of Taylor County, Florida, Appellees.
    No. 35085.
    Supreme Court of Florida.
    Jan. 25, 1967.
    William A. O’Bryan, of Ausley, Ausley, McMullen, O’Bryan, Michaels & McGehee, Tallahassee, for appellant.
    W. Robert Fokes and L. Ralph Smith, Jr., of Fokes, Peeples & McClure, Tallahassee, and W. Turner Davis, of Davis & Browning, Madison, for appellees.
   PER CURIAM.

Affirmed on authority of Barrow et al. v. Smith, 119 Fla. 468, 158 So. 818; Hill v. Milander, Fla., 72 So.2d 796, and Warnock v. Florida Hotel and Restaurant Commission, Fla.App., 178 So.2d 917.

THOMAS, ROBERTS, DREW, CALDWELL and ERVIN, JJ., concur.

THORNAL, C. J., dissents with Opinion.

THORNAL, Chief Justice

(dissenting).

The trial judge held that Ch. 63-1040 Laws of 1963 is unconstitutional. The majority affirms this holding. I would reverse. I think the act was a valid legislative enactment and should be upheld and enforced.  