Page:The World's Most Famous Court Trial - 1925.djvu/10

 and the morning were the fourth day.

Twentieth—"And God said, let the waters bring forth abundantly the moving creature that hath light, and fowls that may fly above the earth in the open firmament of heaven.

Twenty-first—"And God created great whales, and every living creature that moveth, which the waters brought forth abundantly, after their kind, and every winged fowl after his kind; and God saw that it was good.

Twenty-second—"And God blessed them, saying. Be fruitful, and multiply, and fill the waters in the seas and let fowl multiply in the earth.

Twenty-third—"And the evening and the morning were the fifth day.

Twenty-fourth—"And God said, let the earth bring forth the living creature after his kind, cattle and creeping thing, and beasts of the earth after his kind: And it was so.

Twenty-fifth—"And God made the beasts of the earth after his kind, and cattle after their kind, and everything that creepeth upon the earth after his kind: and God saw that it was good.

Twenty-sixth—"And God said, Let us make man in our image, after our likeness: And let them have dominion over the fish of the sea and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.

Twenty-seventh—"So God created man in His own image, in the image of God, created He him; male and female created He them.

Twenty-eighth—"And God blessed them, and God said unto them, be fruitful and multiply, and replenish the earth, and subdue it; and have dominion over the fish of the sea and over the fowl of the air and over every living thing that moveth upon the earth.

Twenty-ninth—"And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth and every tree, in which is the fruit of a tree yielding seed; and to you it shall be for meat.

Thirtieth—"And to every beast of the earth, and to every fowl of the air, and to every thing that creepeth upon the earth, wherein there is life, I have given every green herb for meat; and it was so,

Thirty-first—"And God saw everything that he had made, and behold, it was very good, And the evening and the morning were the sixth day."

Therefore, the vital question now involved for your consideration is, has the statute been violated by the said John T. Scopes or any other person by teaching a theory that denies the story of the Divine Creation of man as taught in the Bible, and in Rhea County since the passage of this act and prior to this investigation.

If you find the statute has been thus violated, you should indict the guilty person or persons, as the case may be.

You will bear in mind that in this investigation you are not interested to inquire into the policy or wisdom of this legislation.

Both our state and federal governments are divided into three distinct and separate departments or branches and each has its functions and responsibilities independent of the other and there should be no interference, infringement or encroachment by the one upon the rights, duties, responsibilities and functions of the other.

The policy and wisdom of any particular legislation address itself to the legislative branch of government, provided the proposed legislation is within constitutional limitations.

Our constitutonconstitution [sic] imposes upon the judicial branch the interpretation of statutes and upon the executive branch the enforcement of the law.

The statute involved in this investigation provided that a violation constitutes only a misdemeanor, but there are degrees involved in