Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-07-14
Judge Studying Half Score
Points of Contending Sides in
Trial of Scopes for Breaking
State Law Tennessee Prohib-
iting Teaching of Evolution
in Public SchOOls-Darrow,
Defense Counsel Visions Evil
From Law


Judge John T. Raulston, presiding
at the trial of John Thomas Scopes,
on a charge of violating the law of
the State of Tennessee, making it a
misdeamor to teach theories of
evolution in the public schools, re-
tired to his chamber tonight to study
the question of whether the indict-
ment against the "a year old school
teacher shall be summarily quashed.
The judge carried with him briefs of
the half score points stressed by the
contending sides in the case while
ringing in his judicial ears were
words from half a dozen oral argu-
ments presented to the court during
the day.
1t was the first of perhaps other
days to be devoted entirely to ora
tory.
Clarence barrow and Attorney
General Stewart concluded their
arguments over the motion to Quash
as court was adjourned for the night.
They concluded the arguments for
the defense and the prosecution res
pectively.
barrow termed the law one
which would lead to enactments, all
pointing toward fanaticism and
leading to a climax would recall the
days of the Spanish inquisition.
The attorney general commended
that the law was within the police
powers of the state and the legisla-
tule had the right to control the
curricula of the schools it maintain
ed and created.
The attorney general combatted
the defense motion vigorously. He
maintained that the indictment
against Scopes was legal: that the
act was not unconstitutional and was
within the right of TIL, state le-is-
la:ure.
THE power of control of the public
schools must be lodged somewhere"
Attorney General Stewart said. land
where is better place than the legis-
lature?'
1.-The charge is made here that 1t is
not within the power of the legisla-
ture to pass such an act; the right of
the people to religious liberty" he con-
tinued.
This Is injected into this case only
because the Bible is mentioned. If the
legislature has the right to say that no
certain theory shall be taught in the
public schools. it has the right to say
that no theory shall be taught that
denies the theory of creation as taught
in the Bible"
so-called Nebraska case before the
THE power of the state to compel
attendance at some school and to make
reasonable regulations for all schools
is not question. - Nor sha s
challenge been made of the states
power to prescribe a curriculum for
instruction which it supports"
Mr. barrow began his argument
speaking slowly and with pronounced
drawl.
within limitations. the legislature
has the right to determine what shall
be taught in the public schools" he
said.
Back a number of years ago
when people were free, the people
of Tennessee wrote a constitution.
They made it broad and said that the
PEOPLE should enjoy religious free
dom.
There Is not a single line of any
constitution that can withstand big
otry. Here we find today as brazen
and bold an attempt to destroy
learning as was made in the middle
ages.
IF these proceedings in form and
substance can prevail in this section,
than any law. no matter how ignor-
ant and foolish, can be made to pre-
vail. 1t is absolutely absurd to
think that any of the proceedings in
this case are legal.
1.-THE intelligent Christian citizens
In this country find no conflict be-
tween religion and the theory of
evolution.
This is as plain an instance of
religious bigotry as any instance of
the Spanish inquisition."
barrow then read the act itself,
stressing the words ito teach any
theory of the origin of man except
that contained in the divine account
as taught in the Bible
THAT was what was forced upon
the people under a caption which
never meant it. The state of Ten
nessee has no more right to assume
that, the Bible account of the crea-
ton is correct than it has to assume
that that of the Koran or Con-
fucianism or any one of dozen 9TH
ers Is the correct one. 9"
"Of all the weird. impossible
things. of all the bigotry and 1gnor-
ance. can't conceive of anything