New Britain herald., 1925-07-15
Lengthy Decision Or ders Defendant Ia Plead Further And Denies Tenn. Consti- tuition Has Been Vio- lated.
Points Out Teachers
 Rights Are Not Abridged as They Need Not Ac. cept Employment if They Do Not Like Conditions.
By The Associated Press.

By The Associated Press.
 Courtroom Dayton. Tenn. July 1a Judge John T, Raulston today de- nled the defense motion to quash the indictment against John T. scopes. The judges decision upheld the con sltutionality of the Tennessee anti evolution law.
 Motion Is Denied.
 The motion to duash was made Monday and the day was spent in argument. Judge Raulston was oc- cupied all of yesterday in writing his decision, which was columinous.
 It took up each contention of the defense and ruled that the defendant would be required 10 plead further.
 Before reading his decision, Judge Raulston consented to pose for pho- tographers with the decision in his hand.
 After the judge read the grounds on which the defense sought to quash the motion he discussed the authorities cited.
 Discussing the alleged discrepancy between the caption Of the act and the body of the bill itself, he said: Goes Into Details. The general title to the act is one which is broad and comprehensiye and covers all legislation germane to l the general subject stated. The title may cover more than the body but 1t must not cover less. IL need not index the details Of the act, nor give q synopsis thef7M'
 In this particulK case. he saiI, the caption of the at provides subjeciS In the public schools of the state.
 Tt is true that this provision is rather general in its nature" he said, and In my conception of the terms employed in the caption and body, those used in the caption are broader and more comprehensive than those employed in the body Of the act, but in my opinion the cap ton covers all the legislation pro vided in the body and is Germane thereto, and in no way obscures the legislation provided for"
 Tn my judgment, the caption is sufficient to put any member of the legislature on notice as to what the nature of the proposed legislation is and that the caption is really more comprehensive than the body of the act"
 The second point alleging a vio- lation of the constitutional provision that the legislature should cherish literature and learning in schools of the state, he passed over with a brief statement of the law, since the point had not been pressed by the defense.
 A Technical Point.
 The next, a purely technical point, charging the bill had not been read a sufficient number of times in the two houses of the legislature before It's enactment, alo was dismissed with simple reading of the constitu- tional provision.
 Taking up the next phase, which alleged a violation of the constitu- tional right to worship God accord ing 10 the dictates of the individual conscience, he declared he failed 10 see "how this act in anywise inter- feres or in the leastwise restraints any person from worshipping God in the manner that pleaSeth him. lt gives no preference to any particu- lar religion or mode of worship. Our public schools are not maintained as places of worship but on the other hand, were designed, instituted and are maintained for the purpose of mental and moral development and discipline"
 He also failed to see how the teachers rights under the same pro vision Of the state constitution werc violated by the act since there Is no , law in the state Of Tennessee Una, undertakes 10 compel this deTendan or any other citizen to accept em Plcyment in the public schools" These relations, he said, aru pu, I@ NttbA NANbdl dis anu IT us col ! science constrains him to teach c. evolution theory. he can find oppo. tunities elsewhere in other schools, the state and give iul rNpr, sion 10 his beliefs and conviction upon this and other subjects withm any interference from the stale Tennessee or its authorities. Neither do see how inc act la, any restraint on his right to worship according to the dictates Of his con science. Under the provisions Of tn, act this defendant or any other per. son can entertain any religious bs. lief which most appeals 10 hts con ! science"
 Liberty Not Abridged The statute, he also held, does moi unlawfully deprive Scopes Of any Of his liberties, privileges or property.
 The alleged vagueness in the in. dictment, he held, did not exist since il substantially copies the word Of the statute and therefore is sufficiently certain"
 i Weakness charged in the law in