Page:The World's Most Famous Court Trial - 1925.djvu/65

 these things in view I think the court will adjourn until 1 o'clock and then I want any authorities you have.

Mr. Hicks—I want all the witnesses that are in the courtroom to answer to their names and meet me right outside just as we go out—I want to see if you are here—in Judge McKenzie's office over there.

Read list of witnesses as follows:

Frazier Hutchison, James Benson, Howard Morgan, Richard Gill, Rose Cunningham, Mara Stout, Harry Shelton, Horvell Gannoway, Charles Slokeley, Gregg Kyle, Farrar Elsie.

Court—Court will adjourn until 1 o'clock.

The Court—Call the court to order.

The Court—I will hear you, Gen. Stewart.

Gen. Stewart—Your Honor, may I—

The Court—Proceed without your coat.

Gen. Stewart—Yes, sir.

The Court—I wish you would this afternoon take up these different rounds as they are stated in the motion.

Gen. Stewart—Yes, sir, that is my purpose, Your Honor. Now if the court please, in this motion to quash as Your Honor has requested I will take up each—undertaking to state our position or theory on each assignment of each section of the constitution upon which they base this motion.

The first assignment is with reference to the origin and frame of the bill and cites Section 17, Article 11 of the constitution of Tennessee, which has been read, but the part underscored I take it is the part that is most material, Dr. Neal, so I will leave the other alone and address what remarks I shall make solely to that part that is indicated from the citation that they insist more seriously upon. This they underscore. "No bill shall become a law which embraces more than one subject, that subject to be expressed in the title." Now if Your Honor please, the constitution of the—as I understand their position, they say the caption doesn't correspond with the body of the act.

The Court—Yes, sir.

Gen. Stewart—The constitution of the state of Tennessee I have here, Your Honor. I have also most of these matters briefed, which brief I will present to Your Honor. I cannot read from the book. I have here the annotated constitution of Tennessee, Shannon's annotation, and under this, reading from the annotations under this section, among other things I want to call the court's attention to this. "A general title to an act is one which is full and comprehensive and covers all legislation germaine to the general subject stated. A title may cover more than the body, but it must not cover less. It need not index the details of the act, nor give a synopsis thereof." Citing Railroad Company vs. Burns, 11 Cates, and Green vs. State, 13 Cates. In this case if the court please—where is the copy of that act?

Mr. McKenzie—The law.

Gen. Stewart—Yes, sir.

Mr. Darrow—I will lend you my copy.

Gen. Stewart—We have one here, I thank you.

The copy of the acts says this: "An act prohibiting the teaching of the evolution theory in all the universities, normals and schools of this state which are supported in whole or in part by the public school funds of the state, and provides the penalties for violation thereof. Section 1, Be it enacted by, the general assembly of the state of Tennessee, that it shall be unlawful for any person in any of the universities, normals, and all other public schools of the state which are supported in whole or in part by the public school funds of the state, to teach any theory that denies the story of the divine creation of man as taught in the Bible and teach instead that man has descended from a