Evening star., 1925-07-13
MOTION TO QUASH
. SCOPES CASE LEADS
TO CLASH IN COURT
ID Constitutional Points
Cited by Defense as
Basis for Move.
TILT between LAWYERS
FAILS TO RUFFLE JUDGE
Raulston Asks Briefs Be Filed on
Profound" Points Raised in
Sharp Debate.
BY the Associated Press.

COURTROOM, DAYTON. Tenn,
July 13-Discussion of a motion by
the defense to quash the indictment
against John T. Scopes, charged with
violating the Tennessee law against
the teaching of evolution theories in
the public schools. occupied the morn
ing session of court today.
. Presenting the motion, John f.
Neal spoke first for the defense, fol-
lowed by Arthur G.. Hays, presenting
the same contention. Former Attor-
ney General B. G.. Mckenzie spoke in
opposition to the notion with Sue
X. Hicks. also of the State counsel.
making the last argument before the
noon recess.
Judge Raulston just before ordering
a recess until l O'Clock, said to the
lawyers:
Gentlemen, the issues in this case
are profound and the court does not
wish to guess adding that he would
expect briefs to be filed on the motion
TO quash.
Clash Marks Hearing.
Other than reading of the indict-
ment and questioning of a juror as
to whether he had expressed an opin-
the defendant, the first hours of the
days first session were uneventful.
A mild clash of attorneys developed
between the attorney general, a. T.
Stewart, and Clarence Darrow, and
again between Ben G. Mckenzie and
Dudley Field Malone. Neither seri-
ously ruffied the calm of the court.
Mr.. Neal, submitting the motion to
quash. cited IA rea sons selected by the
dafonSn m oh tn hoe Ia
The contentious We're nearly all re-
lated to the constitutionality of the
act, claiming that both the Constitu-
ton of Tennessee and that of the
United States were violated in the
act of the Tennessee General AS
sembly
Mr. Neal called attention of the
court to what he termed general lack
of information as to the power of the
court to rule on the Constitution. He
said many otherwise we'll informed
lawyers did not know that the court
had this authority and was sworn to
uphold it as an officer of the State
He called attention to the language
of the Bible in telling the story of
creation and said that every one might
have a different Interpretation of the
Divine story of creation"
Cites State Constitution.
Section -, article XI, of the State
Constitution declares, knowledge
learning and virtue being essential
TO the preservation of republican in
stitutions, and the diffusion of the op-
portunities and advantages of educa-
ton throughout the different portions
of the State being highly conducive
to the promotion of this end, it shall
be the duty of the General Assem-
bly, in all future periods of this Gov
ernment to cherish literature and sci
ence."
Section 8, Article I, of the Tennes-
see constitution: That all men have
a natural and indefensible right to
worship Almighty God according to
the dictates of their own conscience:
that no man can of right be compel
led to attend. erect or support any
place of worship or to maintain any
minister against his consent: that no
human authority can. in any case
whatever control or interfere with
the rights of conscience; and that no
preference shall ever be given by law
to any religious establishment or mode
or worship"
Free Expression Assured.
Section l9, Article l. of the State
constitution: THE free communication
of thoughts and the opinions is one of
the invaluable rights of man, and
every citizen may freely speak, write
or print on any subject, being re-
spOnsible for the abuse of that liber-
ty."
Section 8. Article /, of the State con-
stitution: That no man shall be taken
or imprisoned, or disseiZed of his free
hold, liberties or privileges, or out
lawed or eXiled or in any other man.
ner destroyed or deprived of his life,
liberty or property but by the judge
ment of his peers or the law of the
land"
Section Q. article /, of the State con-
stitution providing that in all crimi
nal procedure the accused had the
right to demand the nature and
cause of accusation against him."
Section 2, article 2, of the Tennessee
constitution, prohibiting the exercise
by one state department "of any of
the powers belonging to either of the
others"
Federal Basic Law Cited.
The fifth and sixth amendments to
the Constitution of the United States
which set forth that no person shall
he deprived of life, liberty or property
without due process of law" and that
mo State shall make or enforce any
Of immunities of citizens of the United
States nor shall any state deprive any
person of life, liberty or property with
out due process of law. nor deny to
any person within it's Jurisdiction the
equal protection of the laws"
The first amendment TO the Con
stitution of the United States which
insures that Congress shall make no
law respecting an establishment of
religion or prohibiting the free ex-
ercise thereof or abridging the free
dom of speech or of the press
The fourteenth amendment of the
Constitution of the United States pro-
viding that no State shall make or en-
force any law which shall abridge the
privileges or immunities of citizens
of the United States, nor shall any
state deprive any person of life,
liberty or property without due
process of law, nor deny to any per-
son within its jurisdiction the equal
protection of the law"
Real First Speaker.
Mr. Neal delivered the first argu-
ment of the defense against the in
dictment. celebrating the points out
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