Show indictment ILL NOT BE 01 QUASHED DAYTON JUDGE DENIES MOTION IN FAMOUS EVOLUTION TRIAL NOW ON scopes dayton school teacher enters plen pea of not guilty and trial proceeds courtroom la Is Crovi crowded ded dally daily courtroom dayton tenn judge john T Rau raulston laton denied tho the defenses motion to quash trio tho indictment against john T scopes tile tho judges I 1 decision upheld tho the constitutionality of tho the tennessee antievolution antl evolution law the decision took up each contention of 0 the defense and ruled that the defan dant would be required to plead further before hla his decision on the defense motion to quash judge Raul raulston consented to pose of photographers with the decision in hla his hand after the tha judge read tho the grounds on which the defense sought to quash the motion ho discussed the authorities cited discussing tho the alleged discrepancies between the captions oi of the act rind and the body of the bill itself he said general title to the act to Is one v v la Is broad arid and comprehensive and ivers all legislation germane to the general subject stated the title may cover more than tho the body but it must not cover less it need not index the details of tho the act nor give a synopsis thereof in this particular case he said the caption of tho the act provided that purpose of tile tho act la Is to prohibit tho the teaching of evolutionary subjects lit in tile tho public schools of tho the state 1 it Is true that this provision la is rather general in its nature ho he said eald and in my conception of the terms employed in tho the caption and body those used in tho the caption aro are broader and more comprehensive than those employed in the body of tho the act but in my opinion tho the caption covers all tile the legislation legis lation provided tor for in tho the body and la Is germane thereto and in no way obscures the legislation provided tor for in my judgment the caption Is sufficient lelent to put any member of the legislature on notice as to what the nature of the proposed legislation la Is and that the caption Is really more comprehensive than the body ot of tho the act acl the second point alleging a violation of the iho constitutional provision that the legislature should cherish lit fr aturo and learning in school of tho state lie he passed over with a brief statement of tho the law since the point had not been pressed by tho the defense tho the next a purely technical point cherring cher ging tho the bill had not been nad a number of times in tho the two houses of the legislature before its enactment almo was dismissed with simply a reading of tho the constitutional tut ional provision |