The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-07-15
RULING BIG VICTORY
FOR STATES FORCES
Statute Violates Neither Fed
eraI or Tennessee ConSti-
tutionS, Judge Declares in
Exhaustive Opinion on
Charge.
By William J. Losh

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DAYTON. Tenn, July 10
Tennessee S anti-evolution law
today was upheld and John 7.
Scopes, Dayton teacher under
indictment for violating it, was
required to stand trial by Judge
John II. Raulston in Rhea coun-
ty court by a 5,000-word de-
cision overruling Scopes mo-
tion to quash his Indictment.
After the decision was read
court was recessed until after
noon.
"Tte court ~ pleased to over-rule
the whole motion. and require the
Gefenoant to plead further" said rhe
judge.
The decision was n big victory for
the prosecution. because in uphold
ing the indictment the judge ruled
that the Tennessee anti-evolution
law was thoroughly constitutional,
violating neither Tennessee nor Fed.
eral Constitutions.
Defense Loses Each Point
The judge then successfully over
ruled contentious Of the defense that
the law was unconstitutional be-
cause the Legislature was required
to cherish education, that 1t violates
the right OF free worship, freedom
Of speech, constitutional rules Of
legislative procedure. guarantees
against seizure OF property without
due process Of law, and all the other
charges by which the defense as
sailed the act on the basis Of the
Tennessee constitution.
''I fail to see how this act in any
wise interfercs or the least re.
strains any person from worship.
ping God in the manner that best
pleases him" said the Judge.
at gives no preference to any
particular religion or mode OF wor.
ship. Our public schools are not
maintained as places to worship,
but, on the contrary, were designed
instituted and maintained for the
purpose Of mental and moral de.
velopment and discipline.
Famed by Policeman
"I cannot conceive how the teach
ers' rights under this provision Of
the constitution would be violated
by the act in issue There is no
law in the State of Tennessee that
undertakes to compel this defend.
ant. or any other citizen, to accept
employment in the public schools.
The relation between the teacher
and his employer are purely con.
tractual and il his conscience con.
strains him to teach the evolution
theory he can find opportunities
elsewhere"
While Rauston read his decision in
the steaminG court room, police.
man stood over him tanning his
head. Raulston himself mopped his
face steadily.
OF the validity OK the act under
the Federal Constitution. Raulston,
after citing the OREGON school law
and Nebraska teacher law decisions
by the United States Supreme Court.
said:
PLEASED to OverruIe"
THE rule prevailing in Tennessee
by which the courts are governed
in passing upon the constitutional.
ity of the statute and is that every
doubt must be solved so as to sus.
tain IT.; and. whereas, il is subject
to the two constructions. that which
will sustain its constitutionality
must be adopted.
Under the holdings in the Ore.
gon case and in the Nebraska case
and in the Leeper Tennessee case,
the court is satisfied that the act
involved in the case at bar does not
violate the Fourteenth Amendment
to the Constitution of the United
States. and is therefore pleased to
overrule this ground"
Judge indignant
Judge Raulston would have hand
ed down his decision on the motion
to quash yesterday except for the
fact that one news agency sent
news dispatch representing that Il
had learned the judge had held the
law and >indictment valid.
When informed that certain news
papers were on streets with this dis.
patch, Judge Raul@ton Indignantly
deferred his decision until today.
threatening the representative of the
agency with proceedings for con.
tempt OF court and appointed com.
mittee to ascertain for him whether
the dispatch was based on informa.
tion properly or improperly obtained
or whether 1t was just guess.
Judge Raulston freely conceded that
the agency had 'the right TO guess"
but he said ''it was very serioue
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