THE OREGON STATESMAN, SALEM7 OREGON
-t:
' v FRIDAY HORNING JULY 10. 1925
V
i
FAMOUS EVOLUTION .
CASE QFENS TODAY
(Cottfiaaed front psa ) ) v u -y
technical reason, polUngU: the
whole eirect.-aad leaTlog The mat
ter . exactly wher Jt 'Vas . before
Messrs. Rappleyea and Hicks
evolved this caie" "in Itobin.cm'g
' drug store. "ttl - ; " :' '
Many Tennessee lawyers assert
that the Tennessee supreme court
1m quite likely to reverse. Any con-.
vicUon ot Scopes ia the trial court,
upon appeal, because of the diver
sity of statement in ; f. he caption
and clause of , the act. Further
more, John H. Cantrell, president
v of the Chattanooga Bar .Associa
tion' and. a Tennessee legal iumi-
: nary, gives as. bis. opinion that
; a.cpnviction under the Cutler bill
I' impossible, because .under a
strict construction of the language
of (he ",a.ct two enacted types ; of
.teaching are requdfed to violate it.
First, to . teach -'anv .theorv ihnt
' UenW the glory of the divine ere-
,.5
ation of man . as taught in the
Bible," and, second. 'to. teach n-
jsit-ad that man is descended; from
a lower form of animals." The
teaching of neither pne of theBeJu?"ora who sat in the trial
two thingsiby Itself i constitutes a
violation, of the act. Cantrell con
tends. ,but both. ' must he taught
jointly. ; '; :J .
: It should be remembered . that
.the Issue of constitutionality has
no bearing on the wisdom or folly
of the act simply upon the ques
tion of whether, the legislature in
fne. it- is" "hlgbly" desirable that
there, be a clear opinion jupon it:
Certainly the state inaWa right to
control its igendek. ' Certainly ni
?M . je?l?iture has the slightest
right to throttle tberfre'edom t
speech, or prevent the freedom of
academic inquiry, The line be
tween lit this case Is a close oae.
'It ls'nlikely tbat, the patter
will be settled in Dayton.
Any jury, of 12 men good "and
true assembled In these ; hills is
certain , to convict young Scopes.
-To them " it , will . not ,-be a matter
of free speech, but a case of athe
ism vs. the Bible, and none oi
them will, hesitate In bringing in
a verdict. .
Moreover, tlie mere presence of
Messrs. jjarrow, Malone, et al, is
iiufficient ,to loae, .the case for
Scopes. The'sQitfli -mnst M pro
tected from the machinations of
meddling Yankee lawyers, partic
ularly "murder lawyers' like Dar
row, and "scandal lawyers" like
Malone. A sidelight of the Leo
Frank case down in Georgia is
Illuminating. When ft, was all
over, and Frank jWas convicied,(a
newspaperman, asked .one of the
I'What
convinced you that ' Frank was
guilty?". " - .v
wen, replied the Jnror, who
sprang from the same stock as
these hillmen. "i he wasn't guilty,
what did be get all them high
priced lawyers for?"
"""'Oh .T on'i."Beed ' tn '" niri X R
sleep with. dddy.'' ' r v
i Jimmy giggled when the teacher-react
the story of the map who
swam across''' the Tiber three times
before breakfast. '. 1 ' J? "
rou;clo not doubt that a train
ed swimmer could do that, ,- do
your..; v: , : ,. . f
. "No, air," answered , Jimmy,
"but I wander why he did not
make it four and get back to the
side where his clothes were."
enacting it acted within: powers
"John," said the farmer's wife,
coming put to 'the back porch,
where her husband sat tilted back
in his chair, his feet on a railing,
"didn't I hear ypu jell, the parson
when he was here that .yon had
strong views on- the temperance
movement?" . "- t. 0 1 1 J. !Tf
"Yes,'. John .replied, ."rather
stiffly'; "I said so, and ypu know
that I have." j v , .
' VWell." said Mrs- John, "sop
pose yon go and express & few of
them on the pump handle. I
want a pall of water." '
Stan field-. United States represen
tatives i Sinnott and ,Cramifacker.
Iarhall I)an' 'an.d i, Whitney 'I
Boyce, ; members ot tne uregon
state land settlement committee,
anad Fred PbJIHps and Willfam
Startr. reresenatlves of the
Bakr' organization.
... The agreement bears out a tor
mer, , statement of reclamation
Commbsioner , Mead - that, he .ex
pected construction work to start
on the Baker project by Septem
ber jist. ; ' ; ' ' .;. .
rouferred upon it by the constitu
tion or not. . . , : , ' t .
The state argues that the Butler
act isan exercise by the state of
its constitutional right and power
to direct -its own agencies. It
v. 'x'points out that state-supported
schools are .a faxtction of. the state;
tkat the teachers in these' schools
are agents, officials, functionaries,
of the state; that their alaries are
met out of public fnnds; that, they
are confined in their use df text
books to volumes specifically se
lected by a state agency; that they
are properly subject to the control
pt their employer, the state, in
their duties for It.
I The state directs the length of
the school term; .it appropriates
the buildings; it establishes a text
book commission - to adopt text
books. Theoretically and consti
tutfonanlly, the sta,te legislature is
the voice of the people,. being Jhelr
direct representatives and is
plothed with the povef of the peo
ple. The.j state legislature, of
course, has had its power-'to act
fir, the People restricted by.cerUin
declarations pt- the people In their
stale constitutions; but, except as
it contravenes these, it is the peo
ple, in assembly, and Is empowered
to direct the ; people's business.
Such is the line of argument of the
state, . j.
; The defense holds that the leg-,
idlature's right of guidance must
. be, within the limits Imposed: by
toe constttutlon; that It cannot
overstep those bounds; and that
' lbs Butler act Interferes. with the
riKbts of freedom of speech, of
opiulon nd of religious worship
, Counsel for the defense may be
expected .tor make brilliant expos!
tion of the bill of rights of the
States constitution and of
Tennessee! -thejr, xna be
expected to say much of the ty rani
fiy of shackling free speech. They
will likely refer to the Tennessee
constitution s instruction to the
legislature to 'cherish science and
literature," and .point out it can
not be done by forbidding any
instruction in a fundamental scien
tlflc thesis. . ' ; , .
Thus the battle will go
The question is an important
PACKED TENT GREETS "
'CHAUTAUQUA' OPENING
; j .(Continued from ,p -) ,,
weddlrtg march and "other war
songs!" '-"-V -
While Mr. Packard's rharat
confined themselves mostly to the
masculine gender, he did fie with
the rainbow and produce a color
study of the American girl. Out
of "the most popular girl" in
America, the girl on the silver
dollar, the artfst.. with a few
strokes of. his crayon, and the
smooth motion of his bare palm.
developed a pastoral scene at sunset,-
tbe " closing- picture. - ; j r r
At 2: SO o'clock this afternoon
the Leake's Orchestral Entertain
ers will; be featured, and in the
evening Captain S.iurdujf K. Gud-
mundson's - unusual story :. of the
far north is being anticipated with
interest. - , ' .
Salem patrons "are "showing
large interest, in .this, informative
week of sociability and large cul
tural nifluence. i ;
I'n.lted !
that of
i BABE FOUSI) S3IOTHERKD
YAKIMA, July 9. The fourr
months old baby of Mr. and Mrs.
Alfred Sooman . of Tacoma. w a s
found smothered to death when
the parents awakened thin morn
ing in the -tourist, camp at Sunny
side near here, where they had
camped for the night. .
OREGON IRRIGATION
IS NOT ENCOURAGED
(Continued front page 1), .
ington. ,
'Having displayed his unfriendly
feeling toward the Baker project,
the. secretary, suddenly announced
that he would move on to Ontario
and look at Vale before dark.
Vale was to have been irspected
Friday and Owyhee Saturday.
BAKER, Or., July 9. (By As
sociated Press.) Reclamation of
ficials this afternoon promised
representatives pf-- the Baker
Chamber of Commerce that con
tracts" for the Baker reclamation
project would be sent out as ROon
as possible and a special election
Would, be authorized for setters al
ready nn the unit to vote on the
rroject. . . '. ' . '
The agreement was reached. af;
ter a lengthy conference' between
Secretary of Interior Work, recla
mation Commissioner Mead, Govt
ernor Pierce .of Oregon, Senator"
Saturday Special
1 .
r . - . . . ;
A Full Size
Trjapgular
OIL r
MOP
4 ft
A household need that is
rlway m. demand. ,. ,
1 Buy Now
will-have 'to corner
1 early : ; I ' 5
You
j They say that the standards of beauty and comfort in the average home are constantly;
. being raised, and justly proud are we of our position, as the "Home Store" of Salem,
with' its imposed responsibility of making1 all homes -morq comfortable and beautiful
Summer-ize how and spread the payments' over the summer months.
r
IfV -
m
f A man 'took hb wife and thfeiii
three-month-old-baby to a theater
Dne, -evening. During the first ait
the child commenced to scream bo
lustily that an attendant appeared
and said that if they could not
keep the baby quiet they, would
have to leave, and their . money
would be returned to them. Tbei
child went to sleep thereafter, and
all was peace and quietness until
half-way through the last actj
when Jock . began., to ; be t tired ' of
the play. He turned to his wifd
and - 'whispered: ' - ".Maggie
pinch the kid." ; ... .
Little Vally Brady and his small
sister were spending the week-end
with their aunt. . When bedtimej
came' the aunt asked them how!
they said their prayers. Vally an-"
swred; .,, , , :
f "Sometimes Lorraine says themj
on mother's knees and sometimes
to the-side of the bed.'
"And how about 'you, Vally
asked the aunt. - - -
ALASKAN COED FIELDS
MFW TOTY A Y
OLIVE
Sum m e r Mems
at Special Prices
FOR1 WEEK-END SELLING
We want to give ypu some real values trus
week, so look over the list carefully.' Every
thing is high grade and absolutely first class
merchandise. . . V.; I " V
'.-.' Lot 1 " ' . -
Gray Granite TOter ails
In 10 and 12 qu izeSv These are fine,
smooth ware with good heavy handles.
worth about $1 .25 in the - regular way-
take your choice" Friday arid : Saturday.
Only 75 c
. . ' L0t2 ;:-:';: . '.-,:;
A New Dish Drainer
Made square and with pockets for the sil
ver, extra heavy. . This week-end
1 Only 7c
Albert Lee's
.V Kitchen Kook
Kitchen ' Kook demonstra-
tion this week. More efficient -
than any other oil stova. on ;
the market. Gives 50 'n more
heat and is cheaper to operate.
iltJll i
Automatic Refrigerators;
?NWe will be glad to accept' your
old ice. box as part payment.. Bal
ance easy terms. 500 pounds of
ice free with every Automatic sold.
at Popular Prices
Make, your porch a place of
pleasure and comfort. A com
plete stock to choose from. See
them today in our show room.
II .i 1 rr -Mi
! ' LlJAMiS
1
"Lot 3
SEEN A OWEN
FHAJJCI5 IEOlIAlD
cyniL chadvicic v 555n
J31ATIA MIUEIU ST
111 In'm-
Another lot of these deep ;
;:'7'fijMtr'is';;Paiis-'.
Same-s we' ioli ' about 1 three weeks ago.
.'!'r:pmy:i65c;,":r;'-
A great big assortment of small pieces of
Aluhuniiin Ware
Tin and Granite Ware. All useful articles.
Take any of them for
Only 15c
"r.".- t': .. ,.-,7- -Lot 5 .
Three Burner
Jewel Oil Stoves
Very fine blue enameled finish with high
shelf. -While they lastvl3; V
See the windows; We jiave large lots of
j all mese items :
.Remember these prices are for Friday and
-l ,;'.-"- ' Saturday selling ;
Universal Appliances
For iWarmer Days
A' "'complete showing of
. these universally known ap
pliances will be found in our
, Basement Household depart-
mpnr t r
7 Piece Water Set
' i 8c
-1
A very neat' and attractive 7
piece water, set .in a variety of
shapes and cut designs.. (You can't
afford to pass up this value., -
J
i
vAwning$'v
Made to Order!
We measure and put up any
thing in-. the line. of awnings,
large or small. Awnings in. all
sty les or plain colors. . v
-!
Dishes ! .
A large open stock ,-of dishes
displayed for your selection in ,
our pew-1 Household depart
ment. It will pay you to visit '
this department. .,..t!i3w
Cool TorchsChairs
SS6.98 ' 11
Chinese Grass "chairs and rock
ers for porch or garden. .. A. large '
selection of colors and patterns. tc
choose from, j :; ; , . . .t
- Expert Drapery1. 'Service
-Cretonnes - jit
'V;29c and 98c yard
;'l ' Included In this spedir are '
' the latest colorings and fig
, urea, -.Jyst; the thing for your
- summer coat, ;See them in our .
prarry,.departmentv
Credit
ys Gladly
, Without
Interest
. t'i
' ' ' .Always
3
,' -GEO ALLEN ;J-
cr
1
) 323G: NorthIm street
TODAY AND SATURpY: ; M
t ,r
COMEDY KCWiS
. r " J I.: j,
' t