New Britain herald., 1925-07-13
FIRST CLASH IN
 EVOLUTION CASE
(cotninued from First Page)
subject to be expressed in the title.
 Quotes State Constitution

subject to be expressed in the title"
 Quotes State Constitution
 Section l2, Article XI. of the state constitution, which declares "Knowl- edge. learning and virtue. being es- . SHntial 10 tho preservation or. repub- ican institutions, and the diffusion 't the opportunities and advantages II education throughout the different portions of the state, being highly conductive to the promotion of this general assembly, In all future periods of this government to cherish literature and science"
 Section 8, Article l. of the Ten nosste constitution: That all men have natural and indefensible righ, 10 worship Almighty God &C., cordlng 10 the dictates of their own conscience; that no man can of right be compelled 10 attend, erect or sup port any place of worship, or 10 maintain any mini ter against his consent; that no human authority can. in any case whatever control or interfere with the rights of con- science; and that no preference shall eyer be given, by law, 10 any religious establishment or mode of worship"
 Section 10, Article I. of the state constitutions: The free communi- cation of thoughts and the opinions nf fho i,,u I,,n .1a =, # man, and every citizen may freely speak, write or print on any subject, being responsible for the abuse of that liberty"
 Section s, Article I. of the state constitution: That no man shall be taken or imprisoned, or dis seized of his freehold, liberties or privileges or outlawed or exiled, or in any other manner destroyed or deprived Of his life, liberty or prop erty, but by the judgment of his peers or the law Of the land"
 Section 9, Article 1, of the state constitution, providing that in all criminal procedure, the accused has the right 10 demand the nature and cause of the accusation against him"
 Section 2, Article II, of the Ten nessee constitution, prohibiting the exercise by one state department "of any of the powers belonging to eith- CT of the others"
 The fifth and sixth amendments to the constitution of the United States "hlch set forth that no person shall be "depriyed of life, liberty or prop erty without due process of law" and that mo state shall make or en- force any law which shall abridge the privileges or immunities Of citi- ,sns of the United States, nor shall any state deprive any person of life, liberty or property without due pro- cess Of law, nor deny to any person within it's jurisdiction the equal pro- lection Of the laws"
 The first amendment to the con- stitution of the United States, which insures that congress shall make no law respecting an establishment or religion or prohibiting the free exercise thereof or abridging the
 
 The fourteenth amendment of the constitution Of the United States, providing that no state shall make or enforce any law which shall abridge the privileges or immunities of citi- zens of the United States. nor shall any state deprive any person of life, liberty or property without due pro- cess of law, nor deny 10 any person within it's Jurisdiction the equal pro- lection of the law
 we know the legislature repre- sents the majority in Tennessee, but we represent the minority" said Mir. Neal in concluding.
 Hays Also Speaks
 Arthur c. Hays followed in speak ing for the defense, applying himself st the outset 10 discussion of the indefiniteness of the law, as he saw it.
 He devoted himself to the words teach" and theory" in the act of the legislature declaring that the language Is indefinite and falls short of clarity in saving how far a teacher can or cannot go. He also claimed the act is not proper under the police power of the state. He read hypothetical statute he would have the legislature enact prohibit Ing the teaching of the heliocentric theory and making the punishment death. The speaker claimed that the evolution theory was established as reasonably as the heliocentric the ory. "An unreasonable restriction upon the liberty of the individual" " he said in giving his conception of the act.
 He also asked the court to re- serve his decision on the motion to nuash until he had heard the eN- dence in the case. He suggested the court and jurors needed to be in- formed on the subject of evolution, the Bible and other things.
 Former Attorney General Ben c. Mckenzie made the first argument for the state. defending the consti-