Evening star., 1925-07-15

proper it may abandon one plan and
try another.
In conclusion, he said:
1T is is further pertinently said
that it is impossible to conceive the
existence Of a uniform system of pub
lie schools without powers lodged
somewhere to make them uniform,
and in the absence Of express consti-
tutional provisions, the power must
necessa rily reside in the Legislature,
and hence 1t has the power to pre-
scribe a course of study as well as
of the books to be used and how
they shall be obtained and distributed.
Oyerrules Whole Motion.
1--WE find neither reason nor au-
thority that suggests a doubt as to
the power Of the Legislature to re-
uuire a designated series of books to
be used in school.
The rule prevailing in Tennessee
by which the courts are governed in
passing upon the constitutionality of
statutes is this: The rule of construe-
ton that every intendment and pre-
sumption is in favor of the constitu-
tionality of the statute and that every
doubt must be solved $50 as TO sus-
tain it, and where 1t Is subject to two
constructions, that which will sustain
its constitutionality must be adopted.
THE court, having passed on eacn
ground chronologically and given the
reasons therefor, is now pleased to
overrule the whole motion, and re-
uuire the defendant to plead further"
At the conclusion of the reading of
the decision defense counsel noted an
exception to the denial of the quash-
ing motion and then filed a demurrer,
which embodied the same contention
of the late motion to quash. Frank
McElwee, Rhea County attorney, made
his first statement for the defense in
noting the exception.
Judge Raulston then ordered re-
cess. and at the close of the recess
recessed again until the afternoon ses-
sion, announcing, however, the court
would rec6nvene at ] o'clock instead
of 1:30.
Defense Objects to Prayers.
Rev. Charles Francis Potter, pastor
of the West Side Unitarian Church,
New York, opened the trial today with
prayer. DIR. Potter was called to the
platform by the court after President
Stribling of the Dayton Pastors AS
sociation had announced the name of
the visiting minister as the choice of
the association.
Judge Raulston yesterday an
nounced that he would ask the Day
ton Pastors Association to nominate
a minister to make the opening pray
er each day. This followed a protest
from the defense at the custom OF
having daily prayer.
Just after the brief prayer Mr..
Neal of defense counsel gained the
floor to make his attitude clear on
the question of prayer in court. He
objected, he said, to any religious at
mosphere in the courtroom during the
trial of the case.
Mr.. Hicks of State counsel an
nounced that the State denies that
there is a religious controversy in the
case, and objected. in behalf of the
prosecution, ito this heckling" every
morning on the subject of prayer. He
asked that the court stop the daily
protest and place 1t in the record.
Judge Raulston said he had had no
regard for denominational lines in
selecting ministers for the morning
PRAYER. He hoped, he said, that these
prayers would do some good They
will not hurt any one and may help.
Clarence Darrow noted an excep-
ton 10 the remarks of the court.
Apologies for "Sneer
ATTORNEY General Stewart was rec
ognized to say that he had made re-
mark in court yesterday that he
wished to withdraw. He had express
ed himself in a discourteous manner
to Mr.. Hays of defense counsel, he
said. II feel very much ashamed that
l have not been courteous to Mr.. Hays
and there was nothing back of it but
a little ruff1ed temper
Mr.. Hays. rose to say that he was
happy to accept the apology of the at
tornev general. He asked that the