Evening star., 1925-07-04

concerned over the location of the
trial. Declaring he had signed no
injunction application, he said he
would do so if his attorneys thought
proper. He left decision OF the mat
ter in his legal advisers hands.
The statement today by local prose
cution counsel said:
AS attorneys for the State in the
prosecution of John r. Scopes for a
violation of the recent anti-evolution
teaching statute we have attempted
to maintain a dignity commensurate
with orr duty and responsibility to
the State of Tennessee as officers of
the law.
Deplore Defense Tactics.
I'VE have kept the States case on
a plane of dignity and regularity. We
regret that the defense has made
such widespread effort to make a
sensational display of the trial of
simple case.
The latest effort at sensationalism
is so foolish and ridiculous as to
be ludicrous. The effort to have the
Federal courts interfere with the
courts of Tennessee in the trial of
one of it's residents for a violation of
one of its laws is SO out of line with
the rights and powers of the Federal
Government that one is led to doubt
either the good faith or the intelli-
gence of a lawyer proposing such
procedure.
THE defendant Scopes is being
prosecuted in good faith and Will be
tried in the circuit courts of Rhea
County. The prosecution viii be
ready for trial July 10 and will in
sist on the trial at that time.
Deny Injunction Danger.
There is no danger of the United
States courts issuing an injunction. or
otherwise interfering with the State
courts in the trial of the case. The
State of Tennessee through it's courts
is supreme in the enforcement of
its laws and the trial of the criminal
cases.
"If any question is to be made
as to the regularity of the proceed
ings or as to guilt, 1t must be made
in the State trial courts. Such ques-
tions may be taken into the supreme
courts and later into the Supreme
Court of the United States, provided
there is a Federal constitutional ques-
tion involved"
The first step in the Scopes trial is
scheduled for Monday, when the Rhea
County Circuit Court convenes. Fifty
veniremen will be chosen from the
county roll and from these the trial
Jury will be selected later.
Reports from New York told today
of difference of opinion among de.
fense counsel as to the wisdom of the
Injunction move. Dudley Field Ma
lone and Dr. Neal believed that 1t was
too late to expect a Federal court 10
assume jurisdiction and they opposed
in the conference the proposal to ask
a Federal injunction and temporary
restraining order against the State
courts. Their associates, Clarence
Darrow and cambridge Colby. advo-
cate the injunction proceedings as
both a wise and a possible means of
taking the case from State to Federal
courts.
Louisville public school authorities
announced yesterday that Miss Leila
V. Scopes, sister of the defendant,
could obtain a place in the public
schools of that city upon satisfying
educational requirements. Miss Scopes
application for a position in the Padu-
cab High School recently was rejected
when she declined to declare her dis
belief in the theory of evolution.
The board believed that no one
should be Disseminated against be-
cause of their personal views on the
evolution theory.