Evening star., 1925-07-26
CONGRESS TO GET
/ W|TTNER'S BIBLE
AND OATH ISSUES
NerbaI Guncotton Is Seen in
Atheists Opening of
Two Questions.
FAILURE OF 'DISRESPECT'
SUIT FREELY PREDICTED
Constitutional Lawyers See Puzzle
in Clerks Status Under
the Law.


apparently has assured Washington OF
n loauacious and argumentative sea
son, whatever the outcome of the pre-
Iiminary hearing on his bible suit
before Justice Siddons of the District
Supreme Court Tuesday.
Wittner, it developed yesterday, has
succeeded in pushing to the forefront
two major issues. both packed with
verbal guncotton:
l. Was it the intent of the majority
of the House of Representative that
clause be inserted in the 1926 District
of Columbia appropriations act with
holding the salaries of teachers VINO
teach "disrespect" of the Scripture?
Test of Oath.
.. Has a religious test for holding
public office in violation of the Con-
stitution been set up by the Federal
statute prescribing an oath ending
with the words 80 help me God for
all who enter the Federal service, with
the single exception of the Presi-
dent of the United States.
In the first case, Wittner's suit
to restrain payment of salaries to
Supt. of Schools Frank w. Ballou
and W. P. Hay, head of the biology
and chemistry departments of the
local high schools, on the grounds
that they permitted to be taught
scientific theories and facts alegediy
at variance with scriptural statements.
is not likely to become a new Scopes
case as far as the courts are con-
cerned, defense counsel are assured
But II is practically certain that the
whole issue will be fought out on the
floors of the House and Senate when
the next appropriation act is under
consideration.
Fundamentalists Active.
Religious fundamentalists yester-
day we're reported to have approached
Senator Kenneth Mcclellan OF Ten
nessee with the request that he or
gantze and lead a fight to have the
Summers clause retained. Repre-.
sentative Thomas L. Blanton OF
Texas, a meraoer of the House Dis
trict comr4fttee, has predicted that
proponents of the clause will win by
a large majority and has lined himself
definitely with them.
Washington's big monkey show"
seems due to be staged in Congress,
not in the courts.
Corporation Counsel Frank H. Ste
phens and his assistant, Ringgold
Hart, still are studying the brief fled
by Wittner's attornies in search OF
nnent of fact, but they expect the
case to be dismissed without question
at the preliminary hearing on the
precedent of the rockingham case
alone. In this case the Judgment
denied a taxpayer the right to oo-
tain an injunction against the use
of public moneys unless personal
damage resulting from the payments
could be shown.
Mr. Stephens announced yesterday
that he will file a short answer to
the brief as we'll as make a motion
to dismiss. United States Attorney
Peyton Gordon yesterday received
the papers in the case for study be-
fore the preliminary hearing. He
will defend Frank White, treasurer
of the United States, while Mr.. Ste
phens will defend Daniel ]. Donovan
and James r. Lusby, the two Dis
trict officials against whom the in
junction is asked.
Officials at Sea. I
The second issue raised by Vittner
involves such a tangle of fbnstitu-
tional law that Treasury off fals and
lawyers were at sea yesterday.
The status in the service of Wittner,
who three times has entered the en-
ploy of the Treasury under an oath
from which the words 80 help me
whom it is not clear, has not been
officially referred to any legal de-
partment of the Government for a
ruling That the clerk will not be
allowed to escape without cogniZance
being taken of the circumstances was
, indicated by an unofficial conSulta-
ton between an official of the ap-
pointment division and members of
the controller generals staff. Advice
as to the procedure to be followed was
given. Just what this advice was
the controller generals Office will not
divulge, but 1t was stated there yes
terday that the language of the Fed
eral statutes was clear on the re-
quirement of taking the oath. the text
Of which is incorporated in the law.
Any one who has obtained a posi-
ton without taking this exact OATH
it was stated probably has entered
the service illegally. Whatever ac-
ton is taken will not affect the pay
Wittner already has received, since
ne has performed the work for which
the salary is compensation.
May Offer New Oath.
If Treasury officials decide to pro-
ceed on this basis it is probable that
Wittner will be offered an opportun-
ity to take the prescribed oath, and
in case of refusal the only alternative
Will De from ITo service.
In this event he would be in posi-
tion to raise in the courts the issue
as to whether the oath is constitu-
tional.
Local constitutional lawyers ques-
toned yesterday saw scant prospect
of an easy answer to this point. Until
there is some official action in refer
ring the case to them, legal officials
of the Government are loath to dis
cuss publicly the possibilities, but
they obligingly tried to locate prece-
dents, without success. The oath ap-
parently has been taken as a matter
of course.
The one precedent upon which Witt
ner might work, however, is celebrat-
ed in American Jurisprudence.
The original oath prescribed by
Federal statute contained the addi-
tional clause-"that 1 have not borne
arms against the United States
These words made il impossible for
veterans of the Confederacy to take
this oath, and consequently barred
them from the Federal service. al
III,