Evening star., 1925-05-31
by BEN McKELWAY.

the two issues WHICH at first appear
to be primarily involved-namely,
whether Moses or Darwin is to be held
infalltble in his conception Of the
origin Of mankind.
1t Is conceivable, for instance,
should the courts decide in favor of
the State of Tennessee that countless
scientists and laymeH VIII still sub
scribe to the belief unscientifically
speaking, that man q descended from
monkey. On the other hand, should
the learned jurists conclude that John
Thomas Scopes and his brethren may
lawfully expound the theory of evolu-
ton to the innocent children of Ten
nessee, It is reasonable to believe that
countless others will continue like
wise to read the Book of Genesis and
subscribe to the letter of the version
of creation contained therein.
WhaE Court Must Do.
When the promised display of foren-
sic fireworks has subsidized. when VIII
liam Jennings Bryan completes what
is certain to be an impassioned appeal,
and when the newspapers of the coun-
try over have handed fat checks to
men Of wisdom for airing in the public
prints their views, both pro and con,
the courts will probably have before
them & comparatively clear-cut ques-
ton for decision. They must eventu-
ally pass an opinion on whether a
State may prescribe a curriculum for
the schools which it supports-possi
bly, that and nothing more.
In his interesting article written for
The Evening Star, Mr.. Scopes, whose
violation Of the newly enacted Ten
nessee law is to be made a test case.
cites the fact that the legislation is
reverston to that stage of civilization,
so recently passed, when scientists
were prosecuted for advocating the
truth. He further maintains that the
new law violates the principle of re-
ltgious freedom. 1t is doubtful, how
ever, whether any court In the land
will attempt to settle the truth" or
falsity of the theory of evolution.
And if the theory of evolution is to
be argued on the ground of religious
freedom and thereby shown to be
fit subject for teaching in the public
schools, there should be no justifable
complaint on the same grounds
against including in the curriculum
of the public schools courses in BAHIA
isrp, sun worship and Mohammedan-
ism.
On the other hand, there is this to
say about the religious freedom side
OF the controversy: The church which
has control of a States public school
system will come very nearly being
the official church'-if such a term
may be used hereof that State. Fol
lowing the same line of thought, 1t is
possible for a State which has the
power to control the curriculum of it's
public schools deliberately to cut out
all reference to religion or religious
controversy in it's text books; in fact,
TO adopt text boots in history, for in
stance, which purpoSely emphasize the
doctrines of a selected cult or belief.
In this way it is obvious that a State
might control in fits public schools
the religion which is to be taught its
public school children. This might
not deliberately abridge the right of
freedom of worship as laid down in
the Constitution, but it would form an
example of a church-controlled State
government, which is at least in op-
position to the principle of absolute
separation Of church and state.
But the point seems to be not that
Mr.. Scopes and his fellow-scientists are
prohibited from teaching the theory
of evolution in Tennessee-or, for that
matter, teaching anything they want
to-So long as they confine their
teaching to pupils who are not in the
State-supported public schools. The
question is whether or not the State
of Tennessee can prevent Mr.. Scopes
and others from teaching certain sub
iects in the public schools and the ex-
tent of this regulatory power. Other
wise 1t would be a clear,cut victory
for Mr.. Scopes, for the Constitution
grants him this freedom.
Other Law Unconstitutional.
When the country was writhing in
patriotic ecstacy at the close of the
war a number of the State legislatures
passed laws which prohibited the
reaching of German-and, in fact, all
modern languages, except English
in the schools of the State, public
private and parochial to children un-
der. q specified age. The United States
Supreme Court declared such laws
unconstitutional, and as there are
points covered in these cases not
wholly dissimilar from those which
seem to be involved in the Tennessee
case, they are worth some discussion
at this time. The Nebraska case, how
ever. differs fundamentally from the
Tennessee case, in that Nebraska en-
acted a law which applied to all
schools within it's Sl1isdictlon. while
Tennessee has restricted application
of it's new law to the public schools Of
the State, which are. of course, sup
ported by public funds.
The Nebraska case came into court
when a teacher in a religious school
was arrested for teaching youngster
the German language. the reading les
sons, by the way, being selected verses
from the Bible. The Supreme Court
Of the State of Nebraska upheld the
LegiSlatu
The law was attacked before the
United States Supreme Court on the
ground that the Constitution permits
oitiZen to choose and pursue legiti-
mate vocation, and that as teaching
wss this teachers vocation his rights
we're encroached upon by the State.
Imparting knowledge in a foreign Ian
gIIage, 1t was argued, is not inherently
immoral or inimicable to the public
welfare Notwithstanding the beliefs
or thousands of school children who
are at this hour wrestling with French
irregular verbs) nor a subject for pro-
hibitory legislation.
Argument for State.
The law was defended at the same
time on the ground that it did not
deny teachers a living. as it left those
engaged in giving private lessons free
10 pursue their courses. The statute,
1t was contended, was a legitimate eX-
ercise of the States police power.
IF 1t 4ss within the police power of
tie State to regulate wages. to legis-
ale respecting housing conditions in
crowded cities, to prohibit dark rooms
in tenement houses. to compel land
lords to place windows in their tene-
ments which will c-aIIe their tenants
tc enjoy ETe sunshine, 1t Is within
,irS police power of the State to COM
mel every resident of Nebraska to edl-
cate his children so that the sunshine
of American ideals will permeate the
: life of the future citizens of this re-