New Britain herald., 1925-07-13
Defense Lawyers Con- tend That Both State And Nations Consti- tutions Are Violated By Tennessee Law.
Demands Court Rule on tssue-Quotes Story of Creation in Bible and Shows Different Inter- pretations.
Ia% The Associated Press.

Court Room, Dayton, Tenn, July l9.--piscussion of motion by the defense to quash the indictment against John T. Scopes, charged with violating the Tennessee law against the teaching of evolution theories in the public schools occupied the forenoon session of court today.
 Presenting the motion, John R. Neal spoke first for the defense, fol- lowed by Arthur G. Hays, present ing the same contention. Former Attorney General E. G. Mckenzie spoke in opposition to the motion, with Sue k. Hicks, also Of state counsel, making the last argument before the noon recess
 Asks For Briefs
 Judge Hlulston just before ordering I recess until l o'clock, said to the ta"yers, Gentlemen, the issues in this case arc profound and tn. court does net wish to guess" add ing that ho would expect briefs tc he tiled on the motion to quash,
 Other than reading of the indiut ment and questioning of q jurol IS 10 whether he had expressed an opinion as to the guilt ol innocence Of the defendant, tn, first hours of the days first session were uneventful.
 A mild clash of attorneys deyel- oped between the attorney general. 4 T Stewart, and Clarence DarroW and again between Ben c. Mcken- ze and Dudley Field Malone. Neither seriously ruffled the calm of he court.
 Attacks Constitutionality
 Neal. submitting the motion to 1uash, cited l4 reasons selected by the defense on which 10 base the motion. The contentious were nearly all related to the constitu- ttonality of the act, claiming that both the constitution of Tennessee and that of the United States were violated in the act of the Tennessee general assembly.
 MT, Neal called attention of the N"Hi' 'o HIlal NH ttIllltu general lack of information as 10 the power of the court to rule on the consti- 'ution. He said many otherwise well-informed lawyers did not know that the court had this authority and was sworn to uphold 1t az an officer Of the state.
 Different Interpretations
 He called attention to the Ian. Ruage 1f the Bible in telling the story of creation and said that everyone might have different in- depreciation of the divine story of creation"
 Prayers for All
 The opening prayer was offered by the Rev. w. A. Moffitt, pastor of tho First Baptist church of Dayton. The minister included petitions for the lawyers on both sides of the case and the newspapermen reporting the trial.
 When the roll of the jury was Halled William G. Day filed obiec- ton to his name being carried of ticialIy as Bill" This was cor reCted.
 The attorney general announced that he wished 10 question one of inc jurors and the other II retired while K. L. Gentry was questioned. The defense objected to the inter- rogation, but the judge overruled the objection. Attorney General Stew art announced he had been informed hat the juror had expressed an opinion. This Mir. Gentry denied al id that he was unbiased, un- prejudiced and had an open mind. He was permitted to remain on the ury.
 Moves to QuaSh
 The indictment was read and the defense moved to quash, John R. Neal making the motion.
 In making the motion the defense advanced 14 reasons, 10 of which alleged the act forming the basis nf the indictment violated various provisions of the Tennessee consti- tuition and the constitution of the United States. Of the others, one set forth that the indictment is so vague as not to inform the defend mt of the nature and cause of the accusation against him."
 A second claim said that the tatute upon which the indictment IS based Is subject to the same in- ,lrmity because 1t is so indefinite as not to enable the defendant 10 know what is forbidden and therefore amounts to delegation by the legis- lature Of power to courts and juries 10 determine what act shall be held criminal and punishable
 There Is no legislative warrant for the delegation of such powers 10 the courts and juries of the state" " 1t was claimed, and added that the act violates the whole spirit of both the state constitution and the con- sitution of he United Sates and is agains the policy of the law" Sec ton 17, article 2 of the state con- stitution was violated, it was claimed. The provision cited reads: NO bin shall become a law which emharks more than one subject, that
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