New Britain herald., 1925-07-15
SCOPES DEFENSE
 LOSES FIRST TILT
(ContInusd from First PaEsl

which it was held that class legisla- ton which has applied equally to all that are in or that may come l into the like circumstances and | which makes 8 reasonable and nat ural classification, IS valid and con stitutional"
 Discussing the alleged violation ot the fourteenth amendment to the Constitution of the United States, Judge Raulslon read portion Of the decision of the supreme court in the case of Meyer vs, the State of Nebraska, in which 1t vas held that state law prohibiting the teaching of any language other than English 10 children vas not In conflict with the fourteenth amendment
 Concluding, he quoted from the ruling cf the state supreme court in the Leeper case, generally cited as the outstanding authority in similar cases in the state Of Tennessee. In this case it was held that the estab- | lishmant and control of public schools is g function of the general assembly and that If the legislation deems proper 1t may abandon one plan and try another.
 In conclusion he said; "It is fur ther pertinently said tnat it is i'm possible to conceive the existence of uniform system of public schools without powers lodged somewhere 10 make them uniform and in the absence of express constitutional provisions the power must necessar- fly reside in the legislature and hence it has the power 10 prescribe course of study as well as the books 10 be used and how they shall be obtained and is'Tibuted.
 we find neither reason nor au- thority that suggests doubt to inc power Of the legislature to require a designated series Of books to be used in schools,
 "The rule prevailing in Tennessee by which the courts are governed in passing upon the constitutionality of statutes is this: The rule of con- structton that every intendment and presumption is in favor of the con- stitutionality of the statute and that every doubt must ho solved so as 10 sustain it, and whe-e it is subject to two constructions that which will sustain it's ronstitutionalitv must be adopted.
 "The court. having passed on each ground chronolceically and Ei"en the reasons therefore, is now pleased to overrul" the whole motion. and re- nuire the defendant to pload fur thrr"
 N"WurrCrS Tiled
 At the conclusion n' the raa1ing of tho decision defenso counsel rotod an exception to the dental , of th" quashinE motion and then fled 2 demurrer which embodied the same contention Of the late mo- tion to ouash,
 Frank McElwee Thon county at- tornev, made his first statement for tht defense in noting the exception Prayers Again said The ReY Charles Tranc's Tctter. r5stor of the West Side | nitarian churcr New York, today opened the S>opos trial with prayers.
 nr. Potter was called to the plat form by the court after President StriblinE cf the Dayton Pastors as , e"ciation had announced the name cf the visiting minister as the choice of the asso"ioticn
 Assn. Names Minister Judge Raulston yesterday au- , nounce1 that he would ask the Day ton Pastors association to nominate minister to mako the opening . prayer each d7, This followed a protest from the defense at the GUS. tom cf having Iaily prayer. ) Just after the brief prayer. Johr . F. Neal Of defense counscl gained r the floor to make his attitude clear 3 on the question of prayer in court ' He objected. he said to any re. . ligous atmosphere in the cour } room during the trial of the cass. Objects to Hcrkling
 g k Hicks Of state counsel an.
 uouncod that the state denies tha
 there is religious controversy 1T
 'he raee and chlectcd in behalf O the prosecution 10 this heckling' g n}er1 morning on the subject O i urayor. He asked that the cour z stop the dai,v protest and place I in the record
 | luigc RaYston satH ns had nc ] rerard for denominatonal lines ir ] selecting ministers Of the morning f Ura,or'
 He horcd. he s7,d. that thesY |rra} ITS would do eome good The, Q will not hurt anynno and may help , r1aronre Darrow noted an excep [ ton to the remarks of the court
 WuhdraWs Statement
 Attorney General Steuarf VI. recognized to say that he had mad.
 ? remark in court yesterday that h.
 vtshed n withdraw He had ey
 rressed himself in q discourt eou! ,mann"r 'o Mir Hays If defense
 roun>cl. ha said "I feel very mucl
 ashamed that have not beer
 coprteous 10 Ntr. Hays and that ther'
 paS nothing hack o' it but nttlt
 -uff'ed temper"
 Nr Hays rcse to say that he V9l
 l4prv 10 accept the apology Of th'
 Ntfornev general
 Ha, asked that the states attor
 ueys avoid reference 10 the stafel
 from which the defense attorneys
 came and their religious beliefs
 John R. Neal asked the atforne'
 general then 10 remove from th'
 record "snecrlne remark aHeEo'
 70 have heen made toa ard defsns counsel