The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-07-23
SCOPES CASE TO
co TO j. 8.
COURT
Or. Neal, Chief of Defense
Counsel, to Bring New
Attack on Law
By WILLIAM X. HUTCHINSON
international News Service.

international News CcANhO"
DAYTON, Tenn, July 23.-The
Scopes anti-evolution case will be
carried into the Federal courts
within a month in a new at
tack upon the constitutionality of
the Tennessee law, it was an
nounced here today by Doctor
John R. Neal, chief of defense
council. .....-
"This drive will be entirely dis
tinct from the appeal to the
Tennessee Supreme Court for a
reversal of the conviction of John
Scopes by a Rhea county jury"
Neal said.
Based On Injunction Hearing
The Federal attack, he added, will
be based on the petition for an IN
junction restraining the trial of
Scopes, which was refused two
weeks ago by Federal Judge John
]. Gore at Cookeville, Tennessee.
In entering Federal jurisdiction
without awaiting the decision Of the
Tennessee State supreme court the
interests Of Scopes will be directed
by cambridge Colby, former Secre-
return to the case. 1t also will
mark the passing of a majority Of
the lawyers who held the spotlight
ut the Scopes trial here. On the
States side, the law will be defend
ed by State Attorney General Frank
Thompson and any other counsel he
invites TO his side. This may mean
the elimination of William j. Bryan,
who ranked as the prosecution s
star counsel here.
Win-Right to Hearing
Filing of the petition before Judge
Gore, 1t was learned, gave the
Scopes defense attorneys the right
to a hearing before three Federal
Judges on the constitutional issue.
The defense will take advantage Of
this legal maneuver within the next
month, after serving a required five
days notice upon the Governor Of
Tennessee and Attorney General
Thompson. At present, defense
counsel are awaiting the return Of
Federal Judge Ken o. Hicks 70
Chattanooga before settling a def
mite date for the hearing.
This procedure was agreed upon
by defense counsel, it was learned,
because the plunge into Federal
jurisdiction may result in the anti
evolution law being held uncon-
stitutionaI before the Tennessee
State supreme court meets in
September to hear the appeal of
Scopes conviction. In addition, the
defense also will provide two direct
avenues of approach to the United
States Supreme Court even If they
lose both battles in the lower courts.
Dayton Normal Again
Dayton, meanwhile. returned to
normally. Except for the flaming
banner of Evangelist T. T. Martin,
announcing Hell in the High
Schools the towns smattering Of
~Read Your Bible" signs and the
"where 1t Started advertising at
Robinson's drug store, there are
few visual evidences of the trial.
The streets have been cleared of
the concessionaire stands, which
turned the town into a fair
grounds midway and the crowds
have departed.
Young John Thomas Scopes, who
will return to his Paducan, KY,
home Saturday for a months vaca-
ton, spent the day motoring with
his school friends and in visiting
the old swimming hole. All de-
Tense attorneys, save Neal, have
left for their homes, Clarence Dar-
row stopping off at knoxville to-
night for a public address.
Bryan Still in Town.
William Jennings Bryan alone re-
manned of the vast multitude of
visiting warriors. He stayed merely
to fulfill a speaking engagement at
Winchester, Tenn, Saturday night
at the request of Judge John T.
RauIston, who presided at the
Scopes trial. Bryan then will re-
turn to Florida.