Show INDICTMENT Will ILL NOT BE QUASHED n hr- hr r DAYTON JUDGE DENIES MOTION IN FAMOUS EVOLUTION TRIAL NOW ON Scopes Day Dayton to 1 School Teacher Enters Plea of Not Guilty and Trial Trill Proceeds Courtroom Is Crowded D Daily ily Courtroom Dayton Tenn Ju ce John T. T Raulston denied l d tl the defenses defense's lef motion to quash the Indictment against John T. T Scopes The judges judge's decision upheld the constitutionality of the Tennessee antIe law The decision took up each contention contention contention conten conten- tion of the defense and ruled that the would be r required to plead further Before his decision on the defense se I motion to quash Judge Raulston consented consented consented con con- to pose of photographers with the he decision In his hand After the jud judge e read the grounds on which the defense sought to quash the motion he discussed the authorities author- author ties cited Discussing the alleged discrepancies cies between the captions of the act and the body of the bill Itself he said i The general title to the act Is one I which is broad and comprehensive e and covers ers all aU legislation germane to the general subject stated The title may cover er more than the body but it must not cover less It need not Index Index index in In- dex the details of the act nor give a synopsis thereof b In this particular case he said the caption of the act provided pro that purpose purpose pur pur- pose of the act is to prohibit the teaching of of ev evolutionary subjects in the pu public lIc schools of the state It is true that this provision Is rather general in its nature he said and in my conception of the terms employed in the caption and body those used in the caption are broader and more comprehensive than those employed in the bod body o of ot the act but butin butin butin in my opinion the caption covers all aU I Ithe the legislation provided for in the body and is germane thereto and in inno inno I Ino no wa way obscures the legislation provided provided pro pro- pro I vided for In my judgment the caption is sufficient to put any member of the legislature on notice as to what the nature of the proposed legislation legislation's legislations s 's and mid that the caption is really more comprehensive than the body of the act The second point alleging a l violation vio vio- lation of oC the constitutional provision that the legislature should cherish literature lit lit- I r ture and learning in schools of the state he passed over with a brief statement of ot th the law since the point had not been pressed by the thed d defense The next a purely technical point charging the bill had not been a sufficient number of times in the two houses of the legislature before its enactment also was dismissed with simply a reading of the constitutional constitutional t provision |