Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1925-07-22
SCOPES RECORD
Being PREPARED
Case Will Probably Be
Up Before Supreme
Court This F all
(By the Associated Press)

DAYTON, Tenn, July 22.-Close of
the Scopes case brought only extra
work for John R. Neal, chief counsel for
the defense. His was the task Of pre-
pairing the record of the conviction Of
the public schools for submission to
the supreme court AS he began his
work today he estimated that one week
would be required in getting the docu-
ment ready for the printer.
With Scopes convicted and sentenced
to pay fine Of 500, the scene shifted
f ON Dayton to Knoxville where the SUI
preme court hears cases from East
Tennessee in September.
The Tennessee supreme court meets
in Knoxville, Nashville and Jackson and
failure to be heard on the evolution
issue" in September would result in
delay of one year.
Lawyers yesterday suggested a bare
possibility that the case might have
to 60 to an appellate court before reach
; ing the supreme court under an act of
the last legislature expanding the pow
er of the court of appeals to hear GER
tain cases formerly considered by the
supreme court. 1t was considered un-
| likely, however, that the Scopes case
would be side-tracked before reaching
the states highest tribunal.
In connection with the perfection Of
the appeal it was pointed out that a
| new lineup of lawyers may be found
when the case is heard in Knoxville.
John K. Neal, as senior counsel was
expected to represent the defense but
his associates may not be those who
appeared in the trial court. Balm
bridge Colby, former secretary of state.
an active figure in the case before the
trial at Dayton, was not present here
but his associates pointed ou. tnat he
had not withdrawn and was q member
of defense counsel
Asked if Mr.. Colby would make an
argument before the supreme court,
DR.. Neal said that while he was not pre-
pared to announce who would speak ffr
the defense at Knoxville, Mr.. Colby was
still in the case
i, Frank Thompson, attorney general of
Tennessee by virtue Of his office, rep
resents the state in the case.
A petition from Robert w. Wilson,
Rhea Springs tax payer is available for
presentation to a. federal court set-
ting forth the contention that the anti
evolution statue aeprves him of the
right to educate properly his children in
the public schools, in violation Of the
provisions of the cons.ituticl If the
| United States.
John r. Neal has announced he will
! present this petition 10 Judge Ken
Hicks, United States district court at
Knoxville, when favorable opportunity
offers.
Governor Austin Peay and Attorney
General Thompson we're made defend
ants in this action and fiv. days notice
must be served on them before this
can be heard.
Attorneys in the Scopes case were
leaving Dayton today. Dudley Field
Malone and Arthur q. Hays returned
to New York and Attorney General A.
J. Stewart went to his home in VIM
chester county yesterday aa did Judge
j. T. Raulston.
Clarence Darrow remained in Dayton
today but planned to leave for Knox
vile tomorrow morning where he was
scheduled to speak tomorrow night
William jennings Bryan was here to-
day, his program calling for visit To
Winchester Saturday for two addresses,
one to the combined business clubs OF
the town and the other before church
organizations.
Scopes, who will not appear actively
in the case until December when his
bond Is returnable, will probably start
soon on a lecture tour,