Evening star., 1925-07-06
DEADLY FEAR OF LOSING TRIAL
JUST At CLIMAX GRIPS DAYTON
Tactics of Northern La,Oyers' Seeking Case Transfer
Arouse Alarm That Won't Be Dotvned by
Reinsurance of Prosecutors.

/ TO spill the half baked beans or upset
! the pretty kettle of fish which DAYTON
is Just about ready to, put on the fire
Wars wild alarums have had nothing
on the fell rumors which have torn
the good folk of Dayton these . la st
few days. taking them from the
mountain peaks of expectancy down
| into the shadow of the valley of dis
appointment
Worried by Lawyers.
Dayton has begun to think there
are too many cooks in this Scopes case
and that the devils BROTH" or what
ever kind of broth the funda mental.
lsts call this evolution stuff is in
grave danger of being spoilt There
are primary counsel and secondary
counsel and tertiary attorneys-home
talent and imported stars OF the bar
ana they being many men of many
minds, naturally are pulling one way
and another. So with all this pulling
and hauling Dayton simply cannot be
happy until the proceedings in the
newly painted Rhea County court.
house. with its picturesque clock tow
er, actually are under way The latest
teaf that as a result of the taunts
which are being passed back and
'sensationalism" in the case, may re-
suit in the entering of plea of guilty
by Prof. Scopes at some early stage Of
the tflal and thus have the matter
ended so far as Dayton is concerned
is most disconcerting TO the local popu-
ce-especially to those whose rooms
have been rented at city rates to
the people brought here by the trial.
-
II is very doubtful if Da yton's hopes
OF heavy invasion will be realized
even If the trial proceeds a per sched-
ule next Friday morning. The sugges-
tlon that anywhere from 1000 to 5 1000
persons would be attracted here by
the unusual show. was fanta site
one to say the least. From 300 to 500
would have been a far more normal
guess as to the daily influx. but if the
crowd proves disappointing now. Day-
Ton VIII blame II on those Northern
lawyers who evolved the scheme Of
getting an injunction in the Federal
court 10 prevent the State from GO
ing forward with the prosecution
Dayton is convinced no such iniunc-
t1on will be issued. but the threat of
the transfer may have been sufficient
In their minds to put a damper on
10 mock here like crowds TO a Sum
mer Chautauqua, where the show wa
free
The idea of the Northern LAWYERS
that a Federal court might restrain
the sovereign State of Tennessee from
prosecuting one of its own residents in
one or its own county courts on an is.
sue aHectng the people of Tennessee
alone has resulted in growing indigna-
rryt-
always has been rampant on the sub.
Ject of State rights, and this new at.
tempted blow. which more or less
dazed Dayton at first. is today riddled
with ridicule.
Georgia Case Recalled.
II is recalled that in the neighboring
state of Georgia some years ago. when
hoke Smith was governor, some
Northern lawyers" came down from
New York few days before the Ceor
gia 2-cent fare law was about TO 90
into effect. They were seen snoopine
around the Federal building. Hoke
Smith heard about the visits and sent
for the lawyers.
Gentlemen" he said. Il have sent
for you because | think | know WHY
you are here. You are contemplating
a Federal injunction to prevent the
ctdle HUN putting the [-cSnt fare law
INTO effect on the ground that ii is un-
constitutional"
The Norhern lawyers looked at each
other and then admitted the COVER
nor's surmise was correct.
Then, gentlemen. il cannot be
done" replied Hoke Smith. Il intend
TO proclaim this law myself. ! will
personally put IL in effect ] would
like 10 see YOU gentlemen or any one
else find a Federal judge who would
issue restraining order against the
governor of a sovereign State Of this
Union from putting into effect a law
duly passed by the State Legislature
and signed by the governor"
The injunction was not applied for.
1t is admitted. of course, that after a
law is in effect it may be attacked a
unconstitutional, but not until there
has been an issue made in the State
courts. Therefore. it is argued. with
much legal wisdom, that until Scopes
is convicted in the State courts the
Federal Government may take no
cOgnizance of the case
tCopyrlght. 1881