Evening star., 1925-06-14
SCOPES ATTORNEY
ASKS DISMISSAL
Judge Godsey Declares Act
Indictment Is Based on
Unconstitutional.
By the Assoniated Preas.


DAYTON, Tenn. June e13.-Judge J.
l.. Godsey, counsel for the defense,
today entered a motion in circuit
court here to quash the indictment
against Prof. John r. Scopes. Rhea
County high school teacher charged
with violation of the Tennessee anti
evolution law. This action is in line
with the rule that all motions of this
kind must be fled 20 days after In
dictment Is returned. Ths motiou
says in part;
The act which is the basis of tbs
indictment and which the Defendant
Is charged with violating, Is uncon.
stftutional and void in that IL violates
the constitution OF Tennessee
That the indictment Is so vague
as not to inform the defendant of
the nature and cause of the accusa-
ton against him, that the statute
which the indictment is based upon
is subject To the same infirmity, be-
cause it is so indefinite as not 10 en-
able the defendant to know what
is forbidden. and. therefore. amounts
to delegation by the legislature OF
power TO courts and 1uries To de-
termine what acts should be held
criminal and punishable.
That II violates the fifth and sixth
amendments OF the Constitution OF
the United States, in that It violates
article Il Of the Constitution OF the
United States or section ] Of the
fourteenth amendment OF the Consti-
tuition Of the United States. in that
II violates the first amendment TO the
Constitution Of the United States.
That II violates the whole Shirt
or the State constitution and the Con
stitution of the United States ard -
against the policy or the law"
Jury to hear the Scopes case will
be selected at the meeting of Rhea.
County court on July 9, Judge John
t. Raulston having announced that q
venire of about 30 men Will be sum
moned from which to draw the Jury.
Preparations to care for the crowd
expected TO attend the trial are going
forward. The high school building
where Scopes teaches Will be used as
an emergency hospital. and a corps OF
physicians and nurses will be on hand
to take care of all cases. Reservations
for newspaper men and all others in.
terested in the coming trial continue
to reach headquarters OF the com
mittee and preparations will be made
to accommodate all.
Policemen to Be Imported
Commissioner VIII Frazier of Dav.
ton today conferred with Commits
sioner Ed Heron of Chattanooga by
telephone and made arrangements for
10 police officers from Chattanooga
TO assist in maintaining order and
directing traffic. One Chattanooga
fire department also is TO be brought
here. The State militia offered 10
send 100 men here to preserve order,
but the offer will not be accepted
Supt Walter White OF the Rhea
County schools and prosecutor in the
Scopes case today directed a letter To
Representative J. w. Taylor, asking
him 10 introduce in Congress a bill
refusing aid TO schools teaching
evolution. His letter says:
Il wish TO urge you TO introduce a
bill in the next Congress that will
withhold financial aid from any col
lege or university that teaches any
theory of evolution that denies the
Biblical origin of man. You VIII he
serving your country we'll by taking
this step"