Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1925-07-15
Judge OUeyyuIeS MOUe
Of Defense to Qmash
Evolution Indictment

which the defense sought to quash the
motion he discussed the authorities
cited
Discussing the alleged discrepancy be
tween the caption Of the act and the
body of the bill itself, he said
ihe general title to The act is one
which is broad ana comprehensive and
covers all legislation germane to the
general subject stated The title may
cove more than the bofy but it must
not cover less. 1t need rot index the
details of the act, nor give synopsis
thereof"
In this particular, case he said the
caption of the act provijes that the pur-
pose Of the act was to prohibit the
teaching of evolutionary subject in the
public schools Of the state
1t is true that this provision is
,ather general in its rature," he, said,
and in my conception Of the terms
employed in the caption and body,
those used in the caption are broader
and more comprehensive than those en-
ployed in the body of the act but in my
opinion the caption covers all the legis-
lation provided for in the body and is
germane thereto, and in no way OBJ
scures the legislation provided for"
Taking up the phase which alleged
violation of the constitutional right to
worship God according to the dictates
oft he individual conscience Judge Raul
ston declared he failed to see how this
act in anywise interferes or in the
leastwise restraints any person from
worshipping God in the manner that
pleaseth him. 1t gives no preference to
any particular religion or mode Of wor-
ship. Our public schools. arc not main
tained as places of worship, but on the
other hand, were designed, instituted
and are maintained for the purpose of
mental and moral development and dis
cipline."
He also failed to see how the teach
ers rights under the same provision Of
the state constitution were violated by
the act since there is no law in the
state Of Tennessee that undertakes to
compel this defendant or any other
citizen to accept employment in the
public schools.
These relations, he said are purely
contractual, "and if his conscience
constrains him to teach the evolution
theory, he can find opportunities else
where i other schools Of the state
And give full expression to his be-
lIefs and convictions upon this and
other subjects without any interference
from THE state of Tennessee or its au-
thorities.
Neither do | see how the act laws
any restraint on his right to worship
according to the dictates Of his con
science. Under the provisions Of this
act this defendant or any other person
can entertain any religious belief which
most appeals to their conscience"
The state, he also held, does not un-
lawfully deprive Scopes of any of his
>liberties, privileges or property
The alleged vagueness in the ndict-
ment, he held did not exist, since it
substantially copies the word Of the
statute and therefore is Sufficiently
certain"
Weakness charged in the law in that
there was an alleged discrimination
against teachers as class, he dismissed
with reading of a ruling by the state
supreme court in which it was held that
: class legislation which have applied
equally to all that are in or that may
come into the like situation and cir
cumstances, and which makes reason
able and natural classification, is valid
and constitutional.
Discussing the alleged violation of
the fourteenth amendment to the con-
stitution of the United States, Judge
Raulston read a portion of he decision
| Of the supreme court in the case Of
| Mayer VS.. the State of Nebraska in
which it was held that a state prohibit
ing the teaching of any language other
than English to children was not in con-
! flict with the fourteenth amendment
Concluding he quoted from the ruling
| of the state supreme. court in the Pee
! Peer case, generally cited as tn out
/ standing authority in similar cases in
the state of Tennessee In this case
/ it was held that the establishment and
| control of public schools is function
of the general assembly and that if the
Legislature deems proper it may aban-
don one plan and try another.