Page:The World's Most Famous Court Trial - 1925.djvu/58

 particular individual has violated that particular command of the state or not. Now we think that the act in many particulars, especially in attempting to make a crime of teaching of certain doctrines in the Bible, which we think you now can take due judicial knowledge of, and which we hope later to present evidence in regard to, a doctrine in the Bible is so indefinite that every man that reads the Bible will have a different interpretation as to exactly what that theory of creation is and how it is possible, may it please your honor, for the state of Tennessee to make a crime that which every individual—and the individuals are millions—would arrive at a different idea as to exactly what the offense is.

Next that the proceedings herein violates Section 16 of Article I of the constitution. We contend that this act is so indefinite that there cannot possibly be trained an indictment based upon the law, therefore this piece of paper which the distinguished attorney-general has filed here as an indictment does not come within the meaning of such, on account of its indefiniteness and the statute on which it is based, and therefore violates this particular provision of the constitution in that the act violates Section 8, Article II of the constitution. The legisaturelegislature [sic] shall have no power to suspend any general law for the benefit of an individual, inconsistent with the general laws of the state, contemplating such laws, nor to pass any law carrying to an individual or individuals any grants, immunities or privileges other than such as may be by the same law extended to any member of the community.

Now, we contend, may it please the court, and this is one of the mosemore [sic] serious and one of the many serious contentions of the defense that this particular law lacks uniformity, that it must be, if you can defend it at all, an exercise of the police power of the state, and the crimnalcriminal [sic] jurisdiction of the state which most writers classify under the head of police power. Here is a mandatory provision of our constitution, that these laws must be general and uniform.

Now this law tends to say that which is an offense if committed in the high schools would be no offense if committed up here on the streets and highways or in public halls of our State.

Suppose, may it please the court, the legislature of Tennessee should attempt to say that it is murder in one part of your town and not murder the other part of town. We do not think that would violate any more the spirit or provision of this law than does this act, in that the act violates Section III of the constitution of Tennessee, no person or persons belonging to one of these departments shall exercise any of the powers particularly belonging to the either of the other, except in the case herein directed, or permitted.

Now, may it please your honor, under that particular objection this statute is so indefinite, it fixes no definite time, as we noticed a moment ago, just one aspect of it, one particular aspect as we understand it, what parts of the act must be committed under this law. The act violating the story of the Divine creation set out in the Bible or the other that man is descended from lower animals. You have just as many interpretations of the particular offense there as individuals who read the Bible.

Now the act being so indefinite, if it is made definite and specific, it would force that upon the court. Your honor would have to assume legislative powers and attempt to make specific what the legislature left indefinite, and that is the reason.

Now, may it please your honor, that is the first section of our objection. The other two sections are very brief. The second section is that the indictment is vague as not to inform the defendant of the nature and cause of the accusation against him. We have been speaking about the law; we have said that the indictment is too vague, that these gentlemen have simply said Mr. Scopes taught evolution, simply followed the statute, or attempted to