The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-07-25
SHOWS CONGRESS-
UNITES Church
AND The STATE
GIorifeS Ignorance, In.
tolerance, Claim
Continued from page y

lCOntlnueG ITOm page ~
definitely on record forbidding con-
gress to "foist the religion of the holy
.ible upon the schools and stop the
orces Of bigotry from gaining posses
sion of school curricula."
Justice Siddons has ordered the de-
PENDANTS in the suit. all fiscal agents
of the city to show cause on next
Tuesday why an injunction should not
be granted to halt the salaries.
I'VE are going to flght this thing
thru to the supreme court and get
final decision" said Wittner
He has brought the suit in federal
court with the hope that it will reach
the supreme court more speedily than
the Scopes case in Tennessee.
He's All For Speed
THE injunction process is faster,
and think it may get into the su-
preme court early in the winter" he
said.
He conceived the idea of test"
case here. Wittner said, Immediately
after John T. Scopes was indicted in
Dayton, but did not press it pending
the outcome of the Tennessee trial.
The federal government became
more directly involved in the case to-
day when it was learned that the
treasury officials who are being sued
will be represented by Attorney Gen
eral Sargent. The department OF
justice thus will be placed in a posi-
tion OF defending the law or showing
that the teaching of science does not
show disrespect to the bible.
Believe There is Free Speech.
Frank R. Stephens, corporation
counsel. who will handle the defense
in the local evolution suit today ex-
pressed unofficially the opinion that
the amendment to the appropriation
bill violated the first amendment to
the constitution. guaranteeing the
freedom of religion. speech and press.
Thus the defense is put in the
rather paradoxical position of assail-
ing congress- action while at the same
time attacking the Injunction.
The bills rider" was enacted by
the house on May 8, 1924. 1t was
sponsored by Representative John Q.
Summers, republican, of Washington
Not more than 20 members were on
the floor at the time and there was
but the briefest debate. The provision
was not questioned in the senate.
Plans to Dismiss Case.
Stephens said he would move to dis
miss the case when it comes up in
court.
81 have detected several serious err
rors in the complaint" Stephens saif ;,
These cannot now be corrected and
| think they will furnish us with
ample grounds to have the complaint
dismissed. II necessary we will also
be prepared to show that no dis
respect to the bible is intended in
the teaching of science in the local
schools.
Call barrow in Washington Case.
Clarence barrow was called on to-
day to assist in Washington's "evolu-
ton case"
In a telegram TO the noted lawyer
who handled the defense of John T.
Scopes in Tennessee. Loren H. Witt
ner who brought the suit here to
free the schools of bigotry and ig-
norance,' declared:
With the approval Of congress. the
forces of intolerance are combining
the education of Washington chill
dren to the teachings of the holy
bible which denies all natural science.
To liberalize education / would ap-
preciate suggestions from you. Dudley
Field Malone and Arthur Garfield
Hays in my suit in the District Of
Columbia supreme court"
Wittner, who is a great admirer of
barrow said he hoped William Jen-
nings Bryan would be prevailed on
TO take the other side here"
Both Darrow and Bryan indicated
that they would not come to Wash
ington when the injunction is to be
heard next Tuesday.