Page:The World's Most Famous Court Trial - 1925.djvu/207

Rh ordinary understanding is not competent and qualified to form an opinion.

In Tennessee an act should be construed so as to make it carry out the purposes for which it was enacted.

The legislative intent will prevail over the strict letter, and in order to carry into effect its intent, general terms will be limited, and those which are narrow expanded.

In construing a statute we must look to the act as a whole, to the object with which it deals, and the reason and the spirit of the enactment, and thereby, if possible, discover its real purpose. The meaning must be determined, not from the special words in a single sentence or section, but from the act taken as a whole, comparing one section with another, and viewing the legislation in the light of its general purposes.

In the act involved in the case at bar, if it is found consistent to interpret the latter clause as explanatory of the legislative intent as to the offense provided against, then why call experts. The ordinary, non-expert mind can comprehend the simple language, "descended from a lower order of animals."

These are not ambiguous words or complex terms. "ButBut [sic] while discussing these words by way of parenthesis, I desire to suggest that I believe evolutionists should at least show man the consideration to substitute the word "ascend" for the word "descend."

In the final analysis this court, after a most earnest and careful consideration, has reached the conclusions that under the provisions of the act involved in this case, it is made unlawful thereby to teach in the public schools of the state of Tennessee the theory that man descended from a lower order of animals. If the court is correct in this, then the evidence of experts would shed no light on the issues.

Therefore, the court is content to sustain the motion of the attorney-general to exclude the expert testimony.

Mr. Hays—Your honor will permit me to take an exception? To state my grounds of exception. We say that it is a denial of justice not to permit the defense to make its case on its own theory.

The Court—You mean the state?

Mr. Hays—No, sir, not to permit the defense to makes its case on its own theory. I say further that it is contrary to every element of Anglo-Saxon procedure and jurisprudence to refuse to permit evidence as to what evolution is and what it means and what the Bible is and what it means. Take my exception on the further ground that for the court of Rhea county to try to determine whether or not this law is unreasonable without informing itself by evidence assumes plenary knowledge on a subject which has been the subject of study of scientists for generations and for these reasons and those placed on the record yesterday the defense most respectfully excepts.

The Court—Let the exception be entered of record.

Gen. Stewart—I desire to except to exceptions stated in that manner. Such a procedure as that is unknown to the laws of Tennessee and I except to the manner in which the counsel for the defense excepts to the Court's ruling. I think it is a reflection upon the Court.

The Court—Well, it don't hurt this Court.

Gen. Stewart—I think there is no danger of it hurting the Court for that matter.

Mr. Darrow—There is no danger of it hurting us.

Gen. Stewart—No, you are already hurt as much as you can be hurt.

Mr. Darrow—Don't worry about us. The state of Tennessee don't rule the world yet. With the hope of enlightening the Court as a whole I want to say that the scientists probably will not correct the words "descent of man" and I want to explain what descent means, as starting with a low form of the life and finally reaching man.

Gen. Stewart—We all have dictionaries.