| Show INDI INDICTMENT WilL NOT 8 DAYTON JUDGE DENIES MOTION IN FAMOUS EVOLUTION TRIAL NOW ON Scopes Dayton School Teacher Enters Plea of Not Guilty and Trial Proceeds Courtroom Is II Crowded Dally Daily Courtroom Dayton Tenn Judge Tenn-Judge Judge John T T. Raulston denied the defenses defense's motion to quash the tire Indictment against John T T. Scopes The Judges Judge's decision upheld the tine constitutionality of the Tennessee law The decision took up each contention conten lion tion of the defense and ruled that the defendant would be required to plead further Before Defore his derision decision on the defense motion to quash Judge consented con seated to pose poso of ot photographers with the tho decision In his hand After the Judge read the grounds on which the defense sought Bought to quash the motion ho he discussed the authorities author cited i Discussing the alleged discrepancies I cies cles bet between the he captions of of the tile act and the body body ot of the bill Itself he said The Tho general tle Ue to the act Is one which is brood broud and comprehensive and covers all legislation germane to tho the general subject stated The title I may cover more than the body but It must not cover less lees It need not index in dex the details of ot the act nor give a I synopsis thereof In this particular case he said the caption of the act provided that purpose purpose pur pur- pose of the act Is h to prohibit the teaching of evolutionary subjects Inthe inLIne in inthe the LIne public schools of the state It Is true that this thU provision Is la rather general In Its nature he be said and In my conception of the terms I employed In tho the caption and body those used in tIre tile caption are bro broader and more comprehensive than those those employed In the body of the act butIn butin but butIn In my opinion the tho caption covers all nil tho the legislation provided for in the body and Is germane thereto and Inno Inno In la lano no way obscures the legislation pro- pro for In my Judgment the caption t i U Is sufficient to put an any member of the legislature on notice as to what the nature of the proposed legislation Is and that the caption is irs really more comprehensive than the b body Uy of the act The second point alleging s vl vie vio violation lation of tt f the tho constitutional provision thaI that tho the legislature should cherish lit lit- and learning In schools of the tho state he passed over with a brief statement of the Ule law since the point had bad not been pressed by the i defense I Tho TIne next a purely technical point the bill had hud not been I a sufficient number of times In the the two IWO houses of ot the legislature before Its enactment al so al-so o was dismissed i with simply a reading of the constitutional constitutional provision |
