Evening star., 1925-07-17
WITVESSES. UNLEACf1IITU 81 UflH
Darr0,U and Judge CLash-FOrmer CiUes Latter
''Right to Hope'' He Is Not attacking Court
in TOrrid Remark

construed so as to make it carry out
the purposes for which it was enacted.
Intent Exceeds Letter.
''The legislative intent will prevail
over the strict letter and In order to
carry into effect its intent, general
terms will be limited and those which
are narrow expanded.
I'm constituting a statute we must
look to the act as a whole, to the OBJ
ject with which it deals, and the rea-
son and the spirit of the enactment,
and thereby, if possible. discover it's
real purpose. The meaning must be
determined, not from the special words
in a single sentence or section, but
from the act taken as whole, COM
pairing one section with another, and
viewing the legislation in the light of
it's general purposes.
'In the act involved in the case at
bar, if it is found consistent to inter
prer the latter clause as explanatory
of the legislative intent as to the of
fense provided against, then. why call
experts. The ordinary, non-expert
mind can comprehend the simple Ian
guage, descended from a lower order
of animals
Sees No Ambiguity.
These are not ambiguous words
or complex terms. But while discuss
ing these words by way of paren-
thesis, I desire to suggest that I be-
lieve evolutionists should at least
show man the consideration to sub
Stitute the word ascend from the
word descend
'In the final analysis, this court,
after most earnest and careful con-
sideration, has reached the con-
clusions that under the provisions Of
the act involved in this case it is
made unlawful thereby to teach in
the public schools of the State of
Tennessee the theory that man de-
scended from a lower order of ami
mails. If the court is correct in this,
then the evidence of experts would
shed no light on the issues.
Therefore, the court is content to
sustain the motion of the attorney
general to exclude the expert testi-
'mony, the purpose of which is to ex-
plain the origin of man and of life in
this world"
Darrow Arrives Early.
Darrow came into the courtroom 90
minutes before the hour for resuming
the trial. He carried an armful of
mail All principals in this case daily
receive voluminous mail.
Scarcely dozen seats remained un-
occupied Is minutes before o'clock,
the convening hour.
Mimeographed copies of a report on
TennesSee's natural resources was
distributed in the courtroom by Viii
bur A. Nelson. State geologist. Mr..
Nelson has been sworn as a defense
witness. He is president of the Ma
tional Association of State Biologists.
Mrs. William Jennings Bryan was at
the scene of the trial before her hus-
band and son.
Many spectators occupied the inter
val before court opening by reading
newspa pers, which come here from
every part of the country. Perhaps
half were women.
Courtroom Cooler.
George w. Rappleyea, close friend
Of the defendant, told reporters he had
been summoned to answer a charge of
speeding before the town court late
today.
R. S. Keebler, Memphis attorney,
whose address on the evolution issue
was expunged from the records Of the
Tennessee Bar Association recently,
conversed with young Scopes.
Mr.. Bryan and his son soon came in.
The fundamentals champion began
to open kilograms.
Judge Raulston, accompanied by his
wife and two daughters, entered at
915 o'clock.
A Thunderstorm which passed