Page:The World's Most Famous Court Trial - 1925.djvu/69

 The Court—Addressing itself to the legislature?

Gen. Stewart—It might be a question of public policy. But the point, the principal point I intend to make is that it is a matter that addresses itself to the legislature and its discretion.

Mr. Neal—May I ask a question?

Gen. Stewart—Go ahead.

Mr. Neal—I gather he admits it would be impossible to cherish science under this law?

Gen. Stewart—No, sir, I do not make any such admission; claiming that I do not come from a monkey, I cannot do it.

Mr. Malone—We do not think you did either, General.

Mr. Malone—Section 18, Article 2, of the constitution is the next, the question of the passage of bills, and since that relates to the house journal, the journal is not here; they did that—

The Court—I understood Judge Neal said that they threw that in, thinking they might find some irregularity.

Mr. Neal—Not exactly that, your honor; if any irregularity existed, we might take advantage of it.

The Court—You do not insist on that?

Mr. Neal—

Mr. Darrow—We have no contention on that.

The Court—Yes.

Gen. Stewart—The next one, and the one which Dr. Neal referred to as one of the most important ones, Section 3, Article 17, still of the constitution, the right of free worship:

"That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their conscience, that no man can of right be compelled to attend, erect, or support any place of worship, that no human authority in no case whatever can control or interfere with the rights of conscience, that no preference shall ever be given by law to any religious establishment or mode of worship."

If your honor please, this law is as far removed from that interference with the provision in the constitution as it is from any other that is not even cited. This does not interfere with the religious worship—it does not even approach interference with religious worship. This addresses itself directly to the public school system of the state. This does not prevent any man from worshiping God as his conscience directs and dictates. A man can belong to the Baptist, the Methodist, the Lutheran, the Christian or any other church, but still this act would not interfere with any worship by any construction you might place on it. It is not a religious worship to every man who lives within the bounds of this sovereign jurisdiction, and this cannot interfere with it. How could it? How could it interfere in any particular with religious worship? You can attend the public schools of this state and go to any church you please. This does not require you to harbor within the four walls of your home any minister of any denomination, even. Or, what is there in this act that says you shall contribute to the maintenance of any particular religious sect or cult? There is nothing in the question, if your honor please, there is not an abridgement of the rights of religious freedom or worship.

Mr. Darrow—I suggest you eliminate that part you are on so far. The part we claim is that last clause, "no preference shall ever be given, by law, to any religious establishment or mode of worship."

Gen. Stewart—Yes, that "no preference shall ever be given, by law, to any religious establishment or mode of worship." Then, how could that interfere, Mr. Darrow?

Mr. Darrow—That is the part we claim is affected.

Gen. Stewart—In what wise?

Mr. Darrow—Giving preference to the Bible.

Gen. Stewart—To the Bible?

Mr. Darrow—Yes. Why not the Koran.