The Bismarck Tribune Newspaper, July 17, 1925, Page 1

’ 6 Wi Partly Uasettled ATHER FORECASTS st tonight and Sat. THE BISMARCK TRIBUNE [won] BISMARC . NORTH DAKOTA, ,¥ RIDAY, JUL v 925 PRICE FIVE CENTS COURT BARS SCIENTIFIC TESTIMONY © ’ EXCESS TAXES CASE MAY G0 T0 U.S. COURT Appeal | D. Thoresen Plans (to Decision of High } ‘Tribu CONSTITUTIONAL NOT Corporations Allowed Same! Privilege as Individual in Ruling The United States § be called upon te alidity of the North porate excess tax law constitutional in an op 1 down by ate supre | terd Tax Commissioner T. en, whose efforts corporate excess, the high court's d today announced Dakota cor declared un on herded court ies 2 Those. enforcing the} ute ended with he ment the question! authorities federal determination. ion of the state supreme ten by Judge Luther E. nd Forks, holds the di puted statute violates both state andj federal constitutions. Clashes With Amendment The statute is held to clash with the fourteenth or equal rights amen’ ment to the national constitution follows: “Whe cation cial stand value of taxation, a company or assoc of exemptions from t. of property which » hands of individu as a result of the app of an arbitrary and rd in determining franchise as pr corporat j the for int stock ation upon a is those urtifi- | » is deprived | exempt | I I I MYSTERY GIRL Farme ee ne ar | Masquesa de Glarey, 12, who was robbed and stranded in Denison, O., told police there she was a first cousin of Pola Negri, screen star. The actress denies ever ing heard of the girl, however, and the Ohio | ¢ cannot find out where she came from. | DEPUTY GRAND» MASTERS OF | MASONS NAMED: ‘Elton Mak | Anpoiniments|’ rict Leaders in Hl North Dakota | ef D against are d fourteenth sostitution of the decision hol: d the United 3. pated in Burleigh coun- ty court. The Gamble-Robinson Fruit Company, jeduct capital | essing the corporate ex ius Upheld Z pms in rendered earlier in the a tained the plaintit, Commi Lhoresen, who has repr state throughout the course action, appealed the ease to the > high court. n Which sustains Judge tion holds with the tax t monevs and ered- ucted in computing corporate excess tux construction on the out tyund it to be 3 an opin- son month un violates Article 29 its to the state ¢ fying uniform ta species of property. - the legislature, in provid- valuation of a franchise, ‘ application of a formula containing elements having no bea ing upon the question of value. and where, by the pplication of such formula, inequal law joint ions enjoying like pri the law fails to secure the uni ty -quired by Article 29 of mendments to ‘the state consti- tution,” the decision declares, Never Enforced c. Converse, former tax com- missioner, drafted the corporate ex- law which passed the 1923 ses- on of the legislature. It went into effect during the administration of Governor Nestos, but was never en- foreed during his term, When Comm ioner Thoresen took office in 1925 he proceeded to assess the tax against approximately 3,500 domestic corporations. FIVE KILLED BY GASOLINE BLAST IN HOME July 17.—@)—Ex- asoline vapors igniting ‘an electric. light. was turned on cost the lives of H. D, Schroeder and his four children and razed the Schroeder home between Reedley and Dinuba yesterday. The dead are H. B, Schroeder, 60: and his children, Sarah, 21; Myrtle, 24; Louise, 13; und Arnold 8. With the exception of Sarah, who believed to have turned on an Hectic light which provided "the necessary spark for the explosion, the family was asleep. Their bodies charred almost beyond recognition were found near their beds. Pitre | Weather Report | _ eee Temperature at 7 a. m. Highest yenterday i 1 t night Pi Highest. wind For Bismarek and vicinity: Partly. t tonight and Saturday, prob- ably becoming somewhat unsettled by Saturday night. Warmer tonight, For North Dakota: Partly over- st tonight and Saturday, ReoBaLla) becoming somewhat unsettled by Saturday night. Warmer tonight. General Weather Conditior High pressure, uccompanied by fair, cool weather prevails over the Mississippi Valley and Plains States while a low. pressure area, ‘with its attendant unsettled, warmer weather, is centered over the northern Rocky Mountain region. Cooler weather, with precnlrayen proveils ae. the t Lakes ret op anid in Utah. os ORBIS W. ROBERTS, Oitivial in Charge. in placing * termination of the; 0|F, Dickinson, McClusky, 5 and Forks, N. D., July ' The appointment of district deputy} nes masters and of standing com- mittees for the coming year in the Grand Lodge of orth , kota nnoun by Grand | . B. Elton, Following this appointments: Dist. Deputies 1—Harold P. Thomp: i —Dr. Alvin B, Parmenter, ye alier, Devils » Sarles ‘Dr. Edward N. Hegge, Hatton. in B, Benson, Page. 6—William H. Huthinson, La- Moure. —Eugene Naylor, Oa , New Rockford. ( s, Minnewau- | Antler. , Mine Tek Kenmare Thompson, Bismarck. | Trousdale, Mott. | rice, Dickinson. V. Tellefson, Alexan- 3 a Aton Dr. Dante Robert David J. 17—Clarence i 18—Reinhart Gilbertson, Glenburn, | 19—George B. Edmundson, Coopers- town 20--Wilford I, Vanderhoef, Grand Louis N. Abbott, F —Vine D. Lord, Cando, Standing Committees Jurisprudence—Jam MeDonald, irafton; George a Key Walter I Williamson, Sprague, Grafton; do; Alexander B. Farg William J. Reynolds, Westhope; Amil P, Lenhart, Bismarck; Allan V. 11 Devils Lake; Henry E. Byorum, go; and Theo. S./Henry, Valley City. Fraternal Correspondence-—George | H. Phelps, Bowbells. Finanee—E. George Guthrie, Fargo; DeWitt Moore, Grafton; Forrest F, Vaughn, Cando; Hilbert J. Nyhus, Edmore and William Stephenson, Far- £0. Grievances and Appeals—James Johnson, Minot; Frank S. Shaw, Shel- don; Elmer T. Judd, Cando; William j J. Huber, Enderlin and Jos. E. Jones, Valley City. Frank J. Thomson memorial prize in oratory—John C. Gould, Mandan (1927); Garlos E. Allen, Valley City (1928); and Walter L. Stockwell, Far- go (1926.) Masonic Relief Fund trustees—Gus- tave B. Metzger, Fargo and William Hall, Jamestown. Custodians of the work—Melvin S, Mayo, Fargo, the grand secretary and grand lecturer. Good of the Order—The grand or- ator, grand chaplain and grand sec- retary. Mileage and per diem—D. M. Holmes, Grand Forks; Vern D. Col man, Ellendale; Otto Bauer, Mandan; Hans A. Moe, Churches Ferry and Chas. J. Phelan, Bowman. Credentials—H. HH. Ellsworth, Jamestown; H. J. Tillapaugh, Velv: Marius Mathiason, Beach, and R. W. Gowland; Wahpeton. Necrology—H. P. Cooper, Lakota. Masonic Service and Education— Grand Master and grand secretary ex- officio, F. A. Bennett, Grand Forks for first congressional distri irmount. i trict; H. 0. Pippin, Dickinson, third district; W. J. Hutchinson, ‘Fargo, executive secretary. Grand: trial lodge commission—C, M. Pollock, Fargo; John Moses, Hazen and Verne E. Stenerson, Minot. SHE'S A BUSY PASTOR Spokane—Louise Wilson Moore, pastor of a Congregational church here, in addition to preaching two sermons on Sanday and performing other pastoral duties, does her own housework, cares for a family of children and recently baked cakes for her congregation. —— ANTS TRY “JAIL” BREAK London. — Carpenter ants at the London Zoo have bored through an inch of plaster en is in an effort to gain their free lai jof the C. ‘senting farmers, BIGGENERAL | RATE BOOSTS IN PROSPECT nds to sk Increased | Tariffs in Addition Raiss oi Grain lo IN HEARI CHICAGO) | Men! in | and Business Aid Advance to Wa. vener: freight rates tl western rouds, in addition to] sed rate increases on grain and! ranging from 13 to 5! cents per hundredweight, effective 10, was in prospect today, following nnouncement that hearings be the interstate commerce com in connection with rate investi being conducted under — the h resolution will be held cago, Sept. 1. Unless the federal body proposed scheduled grain ta within the next 30 day of a double rate increas | west roads loomed today in the | of officials of the North Darota rail commission, Hearing in Chicago ' the a western tion for a general inere rates has been consolidated wih the i under ‘ hearir tel, ¢ fore Cly He the i rting Sept. . Aitchison, chairm commerce comm y first in sed freight rates. M. & St. P. Charles Evans Hugh justice of the supreme cour mer secretary of state under ident Coolidge, to prosecute their for increased revenue. He will be assisted by Mark ter, fort member of the Inte Commerce Commission, now on the receivers for the C, Vhe other western roa: resented by the presidents and gen eral counsels and scores of traffic, statistical and operating experts Representatives of this state commissions, together with var ious shipping and commercial inter ests, will be present at the hearing; and follow the carriers with testi- mony and evidence in opposition to inereases and in favor of reductions. ate Attacks Boosts when Frank Milhollan, the commission, retur from a va- cation. A large delegation, repre elevator operators, | te will accom: lon officials to) and bank The section of the interstate com merce commission in the matter of | |suspending proposed grain rate tar iffs published by northwest roads will | eived within the next! two weeks, E. M. Hendricks, state rate expert, stated tod SLOPE FARMERS MEET SATURDAY AT DICKINSON Important experimental tests af- fecting the agriculture of the North-! west will be shown to farmers of the Slope territory tomorrow at the Slope Farmers’ conference held the Dickinson substation, Dr. John Lee Coulter, president of the North Dakota Agricultural college, Dr. P. F. Trowbridge, director of the ex- periment station, and others of the college staff will assist in interpret- ing the importance of the experi- mental work done at the Dickinson station. | Dr. Coulter will: address the gathering of farmers, business- men and their families. The Slope .conference will be simi- lar in nature to the farmers tours conducted this summer at the agri- cultural college in Fargo, Dr. Coulter explains. These tours have been so popular with farmers in acquainting them with the latest developments in agriculture that college officials wished farmers in the western .part of the state to have similar gather- ings. As the Dickinson station is specializing in tests applicable to that tergitory it was planned to hold he moetlng ol the sear inthe Slope district. FARM LABOR IN DEMAND NEAR BISMARCK, With delay being experienced in the establishment here of a farm labor office and farm work getting | into more active swing, the demand for men ig increasing faster than can be met-under existing condi- tions, according to reports received here, Haying seems to require the greater number of the workers at this time, with cultivation also call- ing a share of the men, while in some instances there will be need in a very short time for men to har- vest some of the earlier crops, such as_rye. Farmers have requested Bismarck grocers, hardware men and other merchants to secure workers for them and cards advertising for men have been pla in store windows. PREDI FASTER PLANE London.«-Five years from now sir- pane wil. fig across the Atlantic ig a few hours, Fokker; the Dutch airplane builder, predicts, ugust | q and other | at) This | Dayton, snapped during Clarence enn. At the right Darrow i ment, while at the left is a portion Darrow's impassloned t own arguing, sie of the defense counsel —includi risat, and Lis son at the left eves, ugiinst tire WHEN DARROW OPENED FIRE at in the vigotry Scopes trid ida f the Biyan curing the ng Willis nning BUMPER CROP : IS EXPECTED AROUND MINOT | Northwest North Dakota Is in Line for Big Yield, * para States (#)—-North line for an- Minot, N.D, Ju west North Dakota is i other “wonderful crop,” in the opin- ion of the Minot association of cor merce, officers of which have m survey of the conditions of grains and other agricultural ucts in this on, A statement issued mereial jers who h ated with the farming and grain s that Northwest) North a wonderful de the prod- by the com- that “obser » has been used to make the summary of conditions ae the association | “The flax crop is almost dead cer- tain; its roots go deeper than | wheat and in the subsoil ther ready is enough water to carr {flax through. ; normal. “Wheat excellent. | things still can happen to wheat | But there is no sign of rust. The moist grounds to the south and south- west of this area make hot winds most imp’ Je. Because early! sown wheat suffered from the frost in May, the wheat crop is not up to 7 ago. But 75 per cent of last y bumper crop is in prospect today in Northwest North Dakota |The present crop is decidedly ve javerage. It is 90 per cent of normal. “Corn is 100 per cent of normal. ‘Corn is surprising every one. It is coming on head over heels “Barley is 100 per cent of normal. “Oats is 90 per cent. “Rye is 50 per cent. he mary are has been used to make it} aceu +The almost assured flax! crop alone means tremendous wealth jSomewhat more falx was planted Northwest North Dakota this |than last. ‘The tariff protected The flax plunger m . There have been some jlarge ucreages put into flax by {farmers who have leased the land and used tractors in large seale bres “The weather has been ideal for wheat since the rains started June 1 But for the frost in May, the crop would be as good or better than it was this time a year ago.” FIVE KILLED WHEN TRAIN HITS AUTO Billings, Mont., July 17—(@)— members of a Santa Rose family of eight were killed and two others fatally injured and _an_ eighth caped death, when a Burlington train crashed into a sedan, one mile east of Billings today. The dead: Raphael Fleck, father Rose Fleck, mother; John Fleck, Eleanor and Eddie Fleck, Injured: Maggie Fleck, probably fatally injured and Agnes Fleck, arm broken. The eighth member of the familv, Rose Fleck, 10, saved herself by jumping from the car when the en- gine stalled on the track in the path of the oncoming train. The Flecks lwere enroute from California to | Dickinson, N. D. | JUDGE LOWE NOT IN RACE FOR SENATE Minot, N. D., July 17.-—Asserting that he is not a candidate for Unit- jed States senator, either before the governor or the league convention to be held at Bismarck on\ July Judge John C. Lowe of Minot, statement, declared that he believes that no one else should be. “The convention should be left as free as the governor in making its selection,” says Judge Lowe's state- ment. “Both the governor and the convention are perfectly competent to think for themselves.” Judge Lowe’s name has been men- tioned in connection with the office of United States senator, friends of the Minot man having written to Governor Sorlie urging the state's chief executive to . appoint Judge Lowe to the post. ie is Of course, Asia meant. “land of the, dawn,” iu the ancient Sanskrit language. MANDAN CITY statement | R. R. OFFICIALS FIND CROPS N GOOD SHAPE; Newman, general traffic kL.’ Thompson, trave te freig ht agent, and | found, howeve wheat is far enough adva out of janet Flax and ¢ cute a large yield to be ru indi ce BOARD HOLDS FOR FRANCHISE Flax is 100 per cent of | ‘| voted to r Referendum Petitions on, Hughes Permit Rejected \ by Commission | i The emergency attached to the dinance passed July 1 by the cit commission granting the — Hughes lect ompany of Bismarck a fran- se to operate a public utility in Mandan, and which held tha an {in , first wor RUSSELL SCOTT GRANTED SEVEN DAYS REPRIEVE BY GOV. SMALL Action Follows Receipt of Telegram) Signed by Scott's Brother Windsor, Ont M Rursell conversation today that her of mabe and Rob- had sr telgram distance a ne July 17. (®)--Rus old erstwhile Canadian riter of books on business: id robb who hanged at m. er of a drug store clerk a holdup, this morning received one week's reprieve from Govern Small. News of the reprieve. cor less than six hours, from the ti att | was scheduled to walk upon the gal- lows, found the condemned man play- ing cards in the death cell with his two guard “Thank ng God for that,” were hi when he was informed of the news. The cards dropped ner- vously from his hands as his shoul- “ders Sluinped, and tears came to his he asked was bear- ell, that's “VMHow ia. Mrs. Seott 2" next, and informed that sh ing up well, he added all, boys. T can't talk Telegram Causes De emergency existed to the “peace, health and security” of the city, def- initely prevents the citizens and tax- payers of Mandan from any word in ‘the franchise matter, th | mission was advised in | opinion presented by City . Kelsch at the regular meetin a foregoing is a cheerful sumn-, |be rej mn, et the fuse the referendum and Dr. Hender- on, president, voted against such ac- | jon, ‘The North ever, grant the petitione tional days in which they may take further action—court proceedings for review of the case, Just what action the Mandan Electric company of- ficers may take will depend largely, upon the decision of G. A. Renden,! president of the company, who has heen in Minneapolis for a number of s on business. Mr. Renden is ex- pected to return to the city within a few day: City Attorney Kelsch in his opin- ion does not go into the proposition of whether the granting of the fran- chise was “necess: to the peace, health and security” of the city, as stated by the emergency clause, but declares that matter is entirely up to the courts to decide GODDARD TAKES CHARGE OF CIVIC OFFICE Harry P. Goddard, former member te board of administration, lected | manager-secretary of the Bismarck Association of Com merce by the directors of the asso- ciation Tuesday night, took over the duties of his office today. Mr, Goddard has been a resident of Bismarck for many years and has long been active in civie, county and state affairs. He is closely identi- fied with Burleigh county business and agricultura interests and is thoroughly familiar with the prob- lems of the community. JUNE PURCHASES OF CARS DOUBLE TOTAL LAST YEAR North nyfaine Gy purchased more than twice as many new automobiles during June, 1925, than during June, 1924, a compilation made by a local firm today showed, New registra- tions during June were 3,431 as com- pared with 1,402 last vear. A total of 182 trucks were sold during June compared with 66 the same month last year. Total sales of passenger automo- biles this year in North Dakota amount to 17,249 as compared with 6,059 for the same period last year, and truck sales this year are 1,200 to date as compared with 340 for a similar peried last year. Dakota statutes, how- ten addi- The reprieve came following a mes- rage to the governo: office ut Springfield from a m Detroit who signed himself Bi who said that he was slayer and would surrender, Robert t, Russell Scott's brother, was indicted with Russell for the slaying, but was never apprehended. Russell Scott first pleaded guilty and then, after the court indicated it’ would sentence him to d bh, changed his plea to not guilt 1 claimed that h fired the sho rer, drug ¢ ‘oss from the City Hall in April, After the action of the governor, ' who was on vacation and whose retary communicated with him at an unknown place after receipt of the Detroit telegram, a messenger was dispatched by train from Springfield to Chicago at 12:20 o'clock this morn- ing. Execution All Arranged Sheriff Peter M. Hoffman, who had completed all arrangements for the execution, said that a word from the Springfield, he will await ‘the of the messenger with the official papers. Scott's latest escape from the fal- lows with only a few hours separa him and death, was likewise rowest. When he entered a guilty, his attorney burst into tears and pleaded for mercy when the court prepared to sentence. After being granted a new trial and found guilty. and being sentenced to death, Scott received several reprieves pen the carrying of his case to the s preme court which failed to inter- fere. Since he was sentenced to die, his father, Thomas Scott, his wife, Mrs. Catherine Scott, and busi ciates in Windsor, Ont., whe) at one time headed a gigantic bridge venture, made desperate efforts to save his life. Yesterday Scott's father and wife spent all day and part of the night trying vainly to reach the governor while Windsor friends of Scott sent an appeal to President Coolidge. Wife Bids Him Farewell Last night Mrs. Scott bade her hus- band farewell in the death cell and he gave her pictures of their three children, the eldest of which, Robert, would have celebrated his seventh birthday, on the day his father was hanged, had Scott gone to the gallows this morning. Shortly after 11 o’clock last night, and just a few minutes before Scott received word of his re- prieve, his aged father bade Scott farewell in the death cell. As his father was leaving, Scott asked that the following inscription be placed on his tombstone: “Murdered by the state of Illinois.” The father agreed to what was then believed to be his last wish. GOPHER COST $2000 Phoenix, Ariz—A pocket gopher recently dug a hole in an irrigation dam here, the damage. ell] Tt cost $2,000 to repair pbs ea ie | Whipping Boss Not Guilty of Murder Charge - re Cross City, Fla, July 17) Thomas Walter Higxinootham, tor- mer Dixie county. lumber camp | “whipping boss guilty by a ad degree murder charge tion with Qhe alleged staying | Martin Tabert, North Dakota youth. A yeur ago Hixgindotham was found yan charged, but a was Keanted by a supreme U.S. TO TAKE | HAND IN COAL WAGE DISPUTE Government Prepares fo Act if rike Miners Is Called for Sept. 1 i { { . duly P= overnment will hand in wthracite Ke nepo- tiation should t not be and a rike called for cram which the government plan of the government |. Secretary Davis ventured no opinion as to the out- come of the wage negotiation now He pointed out, how= ‘ of lubor keeping ussion of was not di tw in close touch with the the operators and the was hoping that an agree he reached before the prese contracts expire on August J SHEPHERD MAY BE DENIED HUGE FORTUNE Court to Probate Will of McClintock, Rich Chicago Boy Chicago, July 17.—()~Basing hi decision on “a presumption of undue influence,” Probate Judge Horner to day refused to admit the will of Billy” McClintock to probate. William Darling Shepherd, recently acquitted on charges of murder grow- { ing out of MeClintock’s sudden death | last winter as he prepared to marry M sabel Pope, was the principal estate in excess of $1,600,000 Ived. ope was granted an annuits under the testament, but her attorneys she ine forees with several cou who opposed admitting the will probate, An of $8,000 today through to ousins who ty cee of the through ber attorneys t the document was the 1: suit of a criminal conspiracy hs tween D. Shepherd, Mrs. herd and oth THREE FLYERS KILLED WHEN PLANES CRASH Challon Sur Saone, France, July 17.—(#)—Three jators were killed today in a mid-air collision of two training planes at an aviation school here. The accident occurred when a student flyer cut across the route of an instructor's machine, ramming it amidships, fia charged day that BANDITS ROB POS T OFFICE IN FREEPORT St. Cloud, Minn., July 17.—()— Stamps and ‘currency totaling several hundred dollars, was stolen from the Freeport postoffice early this morning after a band of robbers crashed their way through two front doors and blew open a small safe. LARGE LOAN | FLOATED HERE FOR AUSTRALIA New York, July 17.—(@)—Flota- tion of a 000,000 loan for the commonwealth of Australia was an- nounced today by J. P. Morgan and Company. Public offerings of 30- year five per cent gold bonds will be made in ‘the New York market next Monday at a price of 993%. Simultaneous offerings of £5,000,000 will be made in London of same bonds. PUPILS VICTIMIZED Manila—-A thousand high school pupils recently paid 25 cents each for a list of questions, which the seller said would be asked them in an important examination. They soon found that the list was a fake. MARTYR TO INVENTION Redwood, Calfi. — Gratien Morea was killed by his invention to check holdup men. He had devised @ method for concealing in the coat sleeve a gun which would be di- charged automatically as a man put up his hands. at the command of the robber. 8 oR SRO RI DEFENSE HIT HARD BLOW IN SCOPES TRIAL Stormy Session Follows Judge’s Announcement of His Ruling EXPERTS ARE EXCLUDED Adjournment Taken Until Monday on Plea of De- fendant’s Lawyers Court Room Dayton, Tenn., July 17. —()--After Judge John T. Rauiston had excluded scientific testimony in the Scopes case, court was adjourned today until Monday morning at 9 x m. ‘The intervening time is to be spent. by counsel for the defense in preparing statements for the record of what their witnesses would have testified had they been permitted to take the stand, Judge Raulston's clude the experts stand spa p elashes tween / and Judge Raulston and (| larence Darrow in the court. (Although court was in sessi minutes, the Judge giving his at O:51, it was a stormy After defense attorneys had raised their voices in vehement pro- test to the court's ruling, another argument developed on the question of the week-end recess. The defense insisted on this step, and while the stute protested, the court finally ruled for the halt in the proceedings. Judge Raulston indicated, ever, that upon his return to the bi Mond. move more rapidly. This was taken to mean that it might end Monday. Arguing against the admission of testimony by experts yesterd J. Bryan said: “This ix not the same growth of the individual. “A Christian believes that = man comes from above,” he said, “but the evolutionist believes that man comes from below.” Taking the text book on biology, Mr. Bryan called attention to a dia gram in which animals were classi- fied. These animals are given in round numbers,” he said, “but I do not be- lieve these animals breed in round numbers.” The court room resounded with laughter as the speaker took up a sketchy discussion of the diagram showing the number of birds, beasts and fish. “Man is shown here as a mammal, scattered around somewhere inside a cycle with 3,499 animals, eat American Game “A great game in public schools now is trying to find the man, You can't find him. “If the children of today believe some of the things taught in the schools, they are taught to scoff at the religion of their fathers. “In New York they are trying to prevent the adjournment of schools to permit the children to go to churches of their choice for instruc- tions. These attorneys are not going back to New York to protect the children of that state, but they are here to try to bring experts to tell ‘Yennessee how to have your children taught. No person has the right to say that they shall rob the children of their faith in God and send them to their parents infidels.” w# from Darwin, he said that have discarded Darwin but they retain the larwinian theory that all life comes from one cell in the sea. He read what he called the Darwin “family tree,” apologizing for fear that he should stumble on some of the long words as he “turned scien- tist for the moment.” “Now, here we have our glorious pedigree and each child is expected to take it home to his family to be substituted for the Bible family tree.” The court asked Mr. Bryan if he thought evolution the question of the virgin birth of Chri: Evolution a Hypothesis “[ am perfectly willing to answer your question,” said Mr. Bryan, “but 1 do not think evolution deserves to be called a theory, it is an hypothe- Evolutionary. theory has failed and today there is not a scientist who has traced one species to an- other and yet they call us ignora- muses and bigots because we won't throw away our Bibles.” Mr. Malone launched into a heated defense of the men and women of the scientific and teaching professions. “The theory read by Mr. Bryan was written by Darwin 75 years ago,” he declared, referring to outline read by the preceding speaker. “Have we learned nothing in the last 76 years? “Are we to hold man to a belief in God simply to hold to a literal interpretation of the Bible? Are we to hold to the beliefs of people who believed that the earth was flat and whose other scientific beliefs were erroneous simply that we may hold to our littral construction of the Bible?” Clarence Darrow outlined the views of creation the defense desires to present through expert. testimony through an informal questioning by Judge Raulston in open court today. te of Speec! This contenticn would be that the statement in Genesis that God crea- ted man out of the dust of the earth should not be construed literally but ai figure of speech. “The belief is sthat man was not created by God as a cargenter builds a house,” he told the judge, “but gradually through a process called evolution.” “Is this your belief. Colonel Dar- 2” asked the court. “As for myself I don’t pretend to know,” Darrow responded. “I am an agnostic to that: as well as other things about which there is mystery. (Continued on page three; decision to ex- from the witness dn on- as the sts ro oneness