Page:The World's Most Famous Court Trial - 1925.djvu/196

192 the divine story of creation that man has descended from a lower order of animals. That is what the legislature meant? That is a correct construction.

It is a rule of construction in the state of Tennessee, a rule of the court, if your honor please, that in construing an act of the legislature, that it is the duty of the court to never place an absurd construction upon the act. And I submit that the construction, as I understand it, they insist upon would be absurd.

Would it be necessary to say that the school-teacher brings his class in and says lo them: Now, children, I proceed to instruct you as to the story of the divine creation of man as told by the Bible. But I am not going to do that, or that is not true, or something to that effect, and instead of that, I will teach you and instruct you that man descended from a lower order of animals.

Now, he don't have to do that. You don't have to do that. Under a correct construction of the act, if the court please, when this teacher teaches to the children of the high schools of Rhea county, that they are descended from a lower order of animals, he has done all that is necessary to violate this act. He has at the same time taught a theory that denies the divine story of the creation of man.

Why? Because the act says so. Instead—instead of what? Instead of the story of divine creation. Instead of the story of divine creation, and I submit, your honor, that with the application of reason, no other construction can be placed upon this.

What will these scientists testify? They will say, no, this was simply the method by which God created man. I don't care. This act says you cannot testify concerning that, because it denies the literal story that the Bible teaches, and that is what we are restricted to. That is what the legislature had in mind.

Why did they pass that act? They passed it because they wanted to prohibit teaching in the public schools of the state of Tennessee a theory that taught that man was descended from a lower order of animals. Why did they want to pass an act which would deny the right of science to teach this in the schools? Because it denies the story of divine creation. That is why they wanted it passed. And that is why they did pass it. And I submit, your honor, that no other construction can be placed upon it, and no other reasonable reply can be made to the construction.

That is why the legislature, if your honor please, passed this statute. That is why, because this act in so many words says that when you teach that man descended from a lower order of animals you have taught a theory that denies God's Bible, that is what they are driving at.

And to bring experts here to testify upon a construction of the Bible, is (pounding with his hand on the shorthand reporter's table) I submit, respectfully, to your honor, that would be a prostitution upon the courts of the state of Tennessee, and I believe it. It is not admissible, if the court please, under any construction they can place upon it. I know your honor's honest desire to do right about this, and your honor knows that I want to make a correct and proper argument, and not to misstate what I conceive to be the law. And my only purpose is to tell your honor what I conceive to be the everlasting truth about the matter.

Your honor knows if I were to undertake to place a captious construction upon this, your honor knows that when I say that I believe that construction, that I think I am right about it.

I have studied the act. I do not undertake to say that I am right and everybody else is wrong. I do not take that position, but I have studied that act and I believe I am right and I have never believed anything any stronger yet. That is how much emphasis I can put on it. The cardinal rule of construction in Tennessee, as I stated, your honor, is that the intention of the legislature shall govern your honor in construing the statute.