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Show D.G. COURT MAY HEJN BIBLE TEACHING EVOLUTION IS BEING DISCUSSED IN WASHINGTON AS RESULT OF TRIAL Treasurer. Off ical Is Ordered To Appear; Ap-pear; Cited In Payment of Salaries; Salar-ies; Rider In Bill Protests Wholy Writ Washington. An action which may throw the evolution question into the federal courts for judicial determination determina-tion as to whether the teaching of this scientific theory inculcates disrespect disre-spect for the Holy Bible has begun here by Loren H. Wittner, a government govern-ment employee. The vehicle employed a rider to the 1925 District of Columbia appropriation appro-priation bill, which provides that "no part of this sum (for the public schools) shall be available for the salary of any superintendent who permits per-mits the teaching of or any teacher who teaches disrespect for the Holy Bible." The action is in the nature of an injunction proceeding directed at the auditor and disbursing officer of the District of Columbia and Frank White treasurer of the United States, to prohibit pro-hibit them from making further payments pay-ments of salaries to Frank W. Bal-lou, Bal-lou, superintendent of schools, and W. P. Hay, head of the department of biology bi-ology and chemistry in the Washington Washing-ton high schools. Immediately upon the filing of the proceedings, Justice Siddons of the District of Columbia supreme court issued a rule on the two District officials, of-ficials, Daniel J. Donovan, and James R. Lusby, and Mr. White, directed them to appear to show cause why an injunction should not issue against them. In his petition, Wittner sets forth that he brings the suit in his own right as a taxpayer. After the filing of the suit he declared he was acting for himself. He is represented by Attorney B. M. Dolby and J. N. Tor-vestad, Tor-vestad, young Washington lawyers. Explaining that the case here differs dif-fers widely from that tried 'at Dayton, Tenn., Attorney Dolby said the local courts would be asked to interpret the words "disrespect for the Holy Bible,", and that this should allow an infinite amount of evidence from scientists, religious liberals, fundamentalists, funda-mentalists, clergymen and educational education-al leaders. In the Dayton case, he added, the sole question was if a state statue had been violated and since admittedly it had been, the courts were left to decide de-cide only that question and the higher courts would be without jurisdiction on the question as to whether the law itself is in conflict with the constitution. constitu-tion. In his petition Wittner alleges elev--n specific instances in which Ballou and Hay either teach or permit to be taugh matter contradicting the literal lit-eral words of the Bible. He referred directly to G. W. Hunter's biology, cited in the Dayton trial, as one of the approved textbooks in the Washington Wash-ington high schools, and said this and other textbooks conflicted with the scriptural text. |