Evening star., 1925-07-23
STEPHENS TOBALK
EVOLUTION CLASH
HERE IF POSSIBLE
Sees Many Flaws in Brief to
Enjoin Payment of Edu-
Gators Salaries.
DENIES SCHOOLS TEACH
DISRESPECT FOR BIBLE
Corporation Counsel Does Not
Think Court Will Refuse Mo-
tion to Dismiss.

court clash between scientists and re-
ligious fundamentalists in Washing
ton. starting next Tuesday, is very
slim, Corporation Counsel Francis H.
Stephens said today.
The brief in the suit filed yesterday
in the District Supreme Court by
Loren H. Wittner, a Treasury clerk,
seeking to enjoin the payment of sal
aries to Supt. of Schools Frank w.
Ballou and w. 2. Hay, science teacher
in the local high schools, on the
ground that they have permitted to
be taught in the public schools matter
intoxicating disreSpect for the holy
Bible, in violation of clause in the
1926 appropriation act, is so full of
technical flaws that Mr.. Stephens is
confident the case can be stopped at
q preliminary hearing, he claims.
Sees Many Exceptions.
Mr. Stephens went over the brief
carefully last night and noted a num-
Der of grounds on which he can make
exceptions. The chief of these are
legal technicalities regarding the
means of filing the suit. He will also
enter a number of objections to the
actual language of the brief itself, in
which definite cases are stated.
ne touHSel prefers "
block the suit in its initial stages,
despite the fact that he recognizes
there is opportunity for a new ac
ton, fiawlesSly drawn up and en-
tered, so long as the clause in ques-
tion remains in the appropriation act
Mr.. Stephens said today that he pre-
fers to leave the matter to Congress
In the expectation that the clause
either will be removed from the next
appropriation act or inserted only
after full consideration and debate
Meanwhile he hopes nobody will
choose to bring up again technical
questions which, if properly presented
might make necessary a long and
acrimonious trial.
Mr.. Stephens believes personally, he
said. that none of the material al
legged in the brief to be taught in
the public schools here constitutes
disrespect for the Bible, although ev-
erylhing hinges on the word .'disre-
spect,' the Interpretation OF which
would devolve upon a judge or jury.
First Point Scored.
The first point raised in the brief
IL that the teaching of the evolution
ary theory, to the effect that life
evolved originally from a single pro-
toplasmic cell, denied the story of
the creation of life ais recounted in
IcIltSlS anu consequently Is OlST0-
spectful." This would hardly hold in
law, Mr.. Stephens said, unless in
teaching evolution the instructor call
ed attention to the discrepancies be-
tween the scientific doctrine and
Genesis and attempted to argue with
the pupils that the two were incom-
patible. The case is especially weak,
he holds, if the evolutionary doctrine
is not taught as positive fact but
merely as a theory on the origin of
life. 1t is an historical fact that such
a theory has been propounded. 1t is
merely a matter of biological history
to inform pupils that such a doctrine
exists. he holds, and the pupils are
left free to make up their own minds.
In another paragraph the brief de-
ciares that by teaching the law of
gravity in physics classes instructors
have denied the possibility of the phys
ical ascent of Elijah into Heaven and
of the physical resurrection of all men
on judgment day. The conclusion
would not hold in court, Mr.. Stephens
believes. While the law of gravity is
taught, the teachers do not specifi-
cally state that because of this law
some of the incidents related in
Scripture are impossible or that it
might not be possible for super
natural power to set aside a natural
law at his pleasure. Even an air
plane, Mr.. Stephens holds, probably
can overcome the law of gravity and
ascend beyond the limit of vision"
mentioned in the brief, and this with
out divine interference at all.
Plans Not Completed.
Mr.. Stephens believes that further
examination of the brief will reveal
similar discrepancies which would en-
able the court to pass on the action
without actual scientific or religious
testimony as to the truth or falsity
of the matter taught.
81 have not had time to complete
my plans" Mr.. Stephens said, but
/ certainly shall make as many Oh
iections as possible. But it seems
apparent to me that the court must
grant my motion to dismiss on the
technical errors in bringing the suit
alone without going into the question
of what might constitute 'disrespect
Tor the Bible
III the case went further it seems
exceedingly improbable to me that
the matter taught in the District
schools could be interpreted as dis
respect particularly within the
meaning of the act. A common
sense Interpretation of the word
would be in order, not a strained
Interpretation such as would be
given IL Dy an extremist II would
devolve into a case of determining
what Congress meant by the word,
and 1t does not seem likely that it
was meant to prevent the teaching
of science in the public schools, as
this suit would seem to indicate.
There is something more at stake
here than a fantastic issue. 1t in
wolves a question of the salaries of
public officials and this necessitates
a very straightforward interpreta-
tion not a strained one. A mars pay
cannot be denied him on very
strained technicality.
Issue Is Regretted.
The exact intention of the man
who introduced the clause into the
appropriation act is not so essential
as the plain meaning of the word dis
respect as it would be understood by
the average individual.
II regret exceedingly that such an
issue has been brought up at this
time The clause has been in the act
for two years and has caused no
trouble Why should it, be brought
up at this time when in a few months
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