Evening star., 1925-08-08
Position Sharply Changed.

position taken by the attorneys Tor
John T. Scopes in the Dayton trial in
that it fatty declares that the story
of the creation as taught in the Bible
is contradicted by the theory of evo-
luton
The petitioner, Wilson. who AYERS
that he is the owner of $4,000 worth
of real estate. and is the head of a
family consisting of his wife and 8
children, from TO IS years Of age.
also states that he does not believe
that the theory of the creation as
given in the Bible is true, and that he
objects to it being taught to his chill
dren.
This part of the petition reads:
Your petitioner further AYERS that
he is not a believer in the story OF
the creation of man as given in the
Bible and does not accept said story
as a true story of creation, but he Is
a believer in the scientific theory of
creation popularity known as theory
of evolution. That he does not desire
10 have his children taught the story
of creation of man as given in the
Bible, and If said statute is inforced
he and all other citizens of the State
of Tennessee, who believe in the
theory Of evolution rather than in the
theory of the creation Of man, as
given in the Bible, will be compelled
to withdraw their children from the
public schools of said State, and such
children will be deprived Of the oppor-
tunity to obtain an education to the
great and irreparable damage Of your
petitioner and other citizens Of the
State of Tennessee in the same situa-
ton and thereby your petitioner Will
be deprived of his liberty and property
without due process of law and will
be denied the equal protection OF the
law"
The bill was filed by DIR. John r.
Neal, senior counsel in the Scopes
trial at Dayton. The petition prays
for an injunction, temporarily re-
straining the State officers from in
forcing the evolution law and for a
final decree and judgment declaring
the statute void and unconstitutional,
and as such must be heard by two
district judges and a judge of the
United States Circuit Court of Ap-
peals or Justice of the Supreme Court.
DR.. Neal had an immediate conference
with Judge Ken Hicks at Chambers.
After a short discussion with Judge
Hicks, DIR. Neal left the Offices appar-
emily satisfied. He stated that the
application by the petitioner for a
certificate to bring the visiting Judges
10 East Tennessee district would be
filed later at a date convenient to
Judge Hicks.
The bill also has no connection
with the one filed Wednesday at
Chattanooga on behalf of young
Scopes.
THAT petition was merely copy of
the one on behalf of Scopes refused
by Judge Gore at Cookville. While
both the bills pending in the district
court may be heard together at Knox
vile or some other place in the dis
trict, they have no connection" DR..
Neal stated
"The bill filed today on behalf of
Mr.. Wilson Is a different cause
altogether" the attorney continued,
and 1 consider. 1t a more important
one in the fight against anti-evolution
law than even the Scopes case at
Dayton.
Bill Entirely Different.
THE additional bill filed at Knox
vile IS framed in entirely different
language from the one filed at Chat
tanooga and proceeds from an entirely
different legal angle. It has been
most carefully prepared and will be
carried directly to the Supreme Court
of the United States, in event the
trial judges do not declare the anti
evolution law unconstitutional.
Wilson, the petitioner, stated that
he is a member in good standing Of
a Southern Methodist church
81 am not seeking any publicity in
this matter" Mr.. Wilson stated today,
but I do insist that l am entitled to
have my children receive a modern
education in the public schools of
Tennessee. The fact that reject the
story of the creation as taught in the
Bible has nothing to do with my full
belief in God and the Christian re-
lipiop -