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322 which declares that the state can direct what shall be taught and also forbid the teaching of anything "manifestly inimical to the public welfare." The above decision goes even farther and declares that the parent not only has the right to guard the religious welfare of the child, but is in duty bound to guard it. That decision fits this case exactly. The state had a right to pass this law, and the law represents the determination of the parents to guard the religious welfare of their children.

It need hardly be added that this law did not have its origin in bigotry. It is not trying to force any form of religion on anybody. The majority is not trying to establish a religion or to teach it—it is trying to protect itself from the effort of an insolent minority to force irreligion upon the children under the guise of: teaching science. What right has a little irresponsible oligarchy of self-styled "intellectuals" to demand control of the schools of the United States, in which 25,000,000 of children are being educated at an annual expense of nearly $2,000,000,000?

Christians must, in every state of the Union, build their own colleges in which to teach Christianity; it is only simple justice that atheists, agnostics and unbelievers should build their own colleges if they want to teach their own religious views or attack the religious views of others.

The statute is brief and free from ambiguity. It prohibits the teaching, in the public schools, of "any theory that denies the story of divine creation as taught in the Bible," and teaches, "instead, that man descended from a lower order of animals." The first sentence sets forth the purpose of those who passed the law. They forbid the teaching of any evolutionary theory that disputes the Bible record of man's creation and, to make sure that there shall be no misunderstanding, they place their own interpretations on their language and specifically forbid the teaching of any theory that makes man a descendant of any lower form of life.

The evidence shows that defendant taught, in his own language as well as from a book outlining the theory, that man descended from lower forms of life. Howard Moryan's testimony gives us a definition of evolution that will become known throughout the world as this case is discussed. Howard, a 14-year-old boy, has translated the words of the teacher and the textbook into langnase that even a child can understand. As he recollects it, the defendant said, "A little germ or one cell organism was formed in the sea; this kept evolving until it got to be a pretty good-sized animal, then came on to be a land animal, and it kept evolving, and from this was man." There is no room for difference of opinion here, and there is no need of expert testimony. Here are the facts, corroborated by another student, Harry Shelton, and admitted to be true by counsel for defense. Mr. White, superintendent of schools, testified to the use of Hunters' Civic Biology, and to the fact that the defendant not only admitted teaching evolution, but declared that he could not teach it without violating the law. Mr. Robinson, the chairman of the school board, corroborated the testimony of Superintendent White in regard to the defendant's admissions and declaration. These are the facts; they are sufficient and undisputed. A verdict of guilty must follow.

But the importance of this case requires more. The facts and arguments presented to you must not only convince you of the justice of conviction in this case but, while not necessary to a verdict of guilty, they should convince you of the righteousness of the purpose of the people of the state in the enactment of this law. The state must speak through you to the outside world and repel the aspersions cast by the counsel for the defense upon the intelligence and the enlightenment of the citizens of Tennessee. The people of this state have a high appreciation of the value of education.