Evening star., 1925-07-22
BaIIou and Chief of Biology
Department Accused on
Basis of Subject Matter in
Text Books on World Origin
ACTION is INSTITUTED
BY TREASURY EMPL0YE
Eleven Instances Cited Where
Teaching Is in Contravention of
Bible-Siddons Orders Answer to
Suit Filed by July 28-Founded
on Last Appropriation Act.

Justice Siddons OF the District OF
Columbia Supreme Court today is
sued rule on Daniel J. Donovan,
District auditor; James K. Lusby,
District disburSing officer, and Frank
White, Treasurer of the United
States, directing them to show cause
on or before July % why they should
not be enjoined from paying the
salaries of Frank w. Ballou, super
intendent of schools. and w. P.
Hay, head OF the biology and chemis
try departments in local high
schools, for teaching or permitting
TO be taught, matter intoxicating
'disrespect for the Holy Bible.
Thus Washington may become
the scene OF the next battle between
science and fundamentalism such as
has just been concluded at Dayton,
Tenn
The suit in equity was filed at
noon today. Justice Siddons acted
almost inv, diatelv.
Differs From Dayton Case.
The plaintiff is Loren H. Wittner, a
Treasury employe. He is represented
by Attorneys B. III. Dolby of Colmar
Manor. Md, and ]. \. Torvestad.
The Washington case differs radical
ly from that just tried at Dayton, At
tornev Dolby es;pie ined, and IL 1t
reaches trial will open the doors to far
wider discussion of the origins of life
and the fundamentals of religion. At
Dayton, he explained, specific stat
ute admittedly had been violated. The
court simply was asked to pass upon
the guilt of a man who admitted the
crime and leave to higher cours any
decision as to whether the law itself
was good, bad or Indifferent. Scien-
tific evidence regarding the truth or
falsity of evolution, az the court ruled,
had nothing to do with the specific
case
In the Washington case the court
will be asked to interpret the words
'disrespect of the Holy Bible" This,
Mr.. Dolby believes, will allow an al
most infinite amount of evidence from
scientists, religious liberals, funda-
mentaist clergymen and educational
leaders. In involves the question as
TO whether the denial of any specific
facts, such as the ascent of Elijah to
Heaven, which are narrated in the
Scripture, constitutes disrespect of the
book.
Says Act Is Clear.
I'VE believe there is no question
as to the justice of this suit" Mr..
Dolby said. THE word disrespect Is
defined definitely in Webster's die
tionary and the matter taught in the
public schools of the District of Co
lumbia plainly comes within the def
milton. There is no question as to
what was intended by the man who
inserted the clause in the District
appropriation act. He presumed the
word ''disrespect" to mean just what
The dictionary says 1t means. Pre-
sumably the members of Congress
who passed the act understood this
and meant the act to be interpreted
according to that understanding.
Thousands of our people have been
taught that the Holy Bible Is literally
true. word for word. Is 1t not dis
respect to say that this is not so, that
the Bible is a fairy tale which Is to
be interpreted symbolically?
Such book as "Gulliver's Trav-
els" for instance, is frankly a fairy
tale, although the characters and in
cidents are symbolic. l may say that
I don't believe that Gulliver ever Wis
tied a land peopled by dwarfs or
giants without showing any disre-
spect for the book. Swift never said
that the adventures of Gulliver were
to he taken as actual facts.
But there is very sharp distinction
between such book and the Holy
20 h tnN 4 in
fancy that the Scripture is the literal
word of God. II I say that things did
not happen as God, in his inspired
word. says has happened, l certainly
am showing disrespect.
Promises Hard Fight.
I'VE intend TO force scientists to
exert themselves to the utmost to de-
fend their position here. We have not
yet lined up all our witnesses, but they
will be formidable. Our tentative list
includes clergymen and educators who
believe literally in the Holy Bible and
are well able TO defend their belief be-
fore any court. We want the issue set
tied. once and for all. The Tennessee
case cannot pretend to settle 1t
The suit is based entirely on the
clause in the District appropriation
hill for 1926 which reads as follows:
That no part of this sum shall be
available for the payment of the salary
of any superintendent who permits the
teaching of or any teacher who teaches
disrespect for the Holy Bible"
Wittner alleges II specific in
stances in which Ballou and Hay
either teach or permit to be taught
matter contradicting the literal words
OF the Bible. These are as follows:
Differences Cited.
!. That man, apes and monkeys
belong to the same family and that
all plants and animals come from a
common ancestor, a single celied pro-
toplasmic organism, whereas the
Bible teaches that God made man
specially in a single day out of the
dust of the earth in His own image,
created a living soul by breathing
athe breath of life into the nostrils Of
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