27 JUNE 1925, Page 7

FUNDAMENTALISM AT LAW

BY THE MASTER OF CHRIST'S COLLEGE, CAMBRIDGE.

THE little town of Dayton, capital of the County of Rhea, in the State of Tennessee, is likely tc attract a good deal of attention during the next few weeks, for in that little city has been indicted a young high school teacher, named J. T. Scopes, for violating the recently enacted law against teaching the doctrine of Evolution. Judging from his picture Mr. Stopes is a mild young man with a large forehead and the in- evitable circular horn-rimmed spectacles so dear to the American. The indictment has caused immense excitement throughout America. It recalls the best traditions of the Spanish Inquisition, though we doubt whether the trial will be conducted " with the stately Spanish grace " of the officials of the Holy Office.

On June 10th the Tennessee Text Book Commission displaced the text-book this mild young man had been using and substituted a new " Biology " which states in reference to all animals resembling man, " none of them arc to be thought of as a source of origin of the human species." In Tennessee one's thoughts are care- fully and legally controlled.

Some Tennessee lawyers hold that the defendant will necessarily be discharged, for in their opinion he has not violated the law, and they even go so far as to say that the Bill was so loosely drawn as to make it prac- tically impossible to violate it ; but Judge John T. Raulston, who is trying the case, made it clear in his charge to the Grand Jury that he believes the law has been violated. Leading counsel in America have offered their services for the defence, which we Understand is to be entrusted to Mr. Colby, late Secretary of State in Mr. Wilson's Government and to Clarence Darrow and Dudley Field Malone, whilst the State Authorities will doubtless accept the offer of William .Jennings Bryan, another member of Mr. Wilson's Cabinet, to take part in the prosecution.

Most Americans lead a monotonous life and arc rather fond of any little change in " the daily round." Shirley Brooks recalls " A Yankee who refused to allow his wife to bring their children to see him hanged. What a shame ! ' she replied ; ' just like you—never letting them have any pleasure.' " And so very large crowds are expected at Dayton for the trial, which has been put forward to the month of July, though what they expect to see is problematical. Very few of them will be able to squeeze into the small courthouse. Thirty-five miles OE Dayton lies Chattanooga, a town with at least ten times as many inhabitants, many railway lines and a lunatic asylum, and Chattanooga is making great efforts to have the trial transferred thither ; but the Daytonians are putting up a strong fight, and Mr. Representative Hull has been requested to secure a large number of tents from the War Department for the accommodation of the crowd, and the railroad companies are arranging to provide sleeping quarters in Pullman cars which will be parked on the " side-tracks." There is in America more " fake legislation " than in any other country of like importance. For instance, in Tennessee and in Indiana it is forbidden to sell cigarettes, but everybody buys than ; the tobacco shops are open and apparently flourish. In Georgia the legislature has forbidden all tipping, but one has never seen a Georgian refuse a tip. It is difficult to believe that the Tennessee Act against teaching Evolution will not be evaded—cf. the Prohibition law. The legislator of these way-back States is apt to be somewhat uninformed as to the trend of modern thought. As Kipling says, there is

" Tho cynic devil in his blood That bids him mock his hurrying soul ; That bids him flout the Law he makes, That bids him make the Law ho flouts."