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JUDGE IN SCOPES’ TRIAL ASKED : TO RULE ON CONSTITUTIONALITY OF TENN. ANTLEVOLUTION LAW (Special to The Dally Worker) DAYTON, Tenn., July 14.—The Scopes evolution trial, mark- ing a clash between religion and science, hung upon a constitu- tional issue today with its fate resting in the hands of presiding judge John T. Raulston, The pending question was on the defense motion asking the court to dismiss the indictment of John T. Scopes as unconstitu- tional and to hold the law itself invalid. Raulston came into the courtroom, after working most of the night on his decision, but later announced he needed¢ more time and called a sass SOUTH BLAMES opinion here predicted the jmdge| d ove the indictment and] rule the defense’s motion. Question of Liberty of Thougtt. The d based their principal hope for success on a contention that the law violated the guarantees of religious freedom in the state andj} federal itutions. Their points, involving property rights, the Dp ction of scientific education and an alleged technical irregularity im the law were issues compared to the Fe question of religious liberty 1 by Clarence Darrow in his ad- o the court. charged thé law fostered try, ignited fires of intolerance wnied minorities the right to p sod according to the dictates consciences. a decision favorable to the h sides were ready to pro- state, ceed h the trial on its merits. Seopes will be arraigned, plead not guilty and his students will take the stand to accuse him of teaching evolu- tion in deflance of the law. Then will follow the postponed clash over the admissibility of besti- mony by scientists. In this contest, William Jennings Bryan was expected to take his first active part in the trial. The future of the trial will hinge on this debate and the decision of Pudge Raulston on hearing scientists. Clarence Dartow formally objected today to opening the trial With prayer. The objection was overruled by Judge John T. Rauston and Darrow immediately entered an exception into the record of the case. The defense forcefully protested against the prayer, leading to sharp argument be- tween attorneys for Scopes and the. state counsel. After a sharp debate, Rev. A. ‘C. Stribben, pastor of the Cumberland, presbyterian church, was called ‘to, the judge's rostrum to pray. Prefere to Be Worker. Rey, H. G. Byrd, driven out of his church pulpit by an unsympathetic congregation of fundamentalists has definitely decided to become an elec- triclan, he announced today. Byrd has received a dozen offers of em- ployment, including several new church charges, but said he preferred to become an electrician. Shepherd Seeks to Cash in on Will at Probate Court William D. Shephetd’s battle for the $1,000,000 estate of his foster-son, William Nelson McClintock, was scheduled to begin in probate court here today. Proof of heirship, under the terms of the “millionaire orphan’s” will which leaves the bulk of the estate to Sheplierd, was to be presented by Shepherd and his attorneys. To offset this, representatives of, McClintock's Iowa cousins, Isabelle Pope, Billy’s flance, and David Mc- Clintock, of East Carnegie, Pa, a 90-year old, grand uncle announced they would protest admission of the will to probate. printing trades. 5 Cents a Copy 50 Cents a Year News Ser ee other | “SCOPES ‘HERESY' ON COMMUNISTS Tennessee Newspapers Shriek of Red Menace DAYTON, Tenn.—Saturated as the community of Dayton is in the primi- tive religion of the Tennessee moun- tains, the trial of John T. Scopes, high school biology instructor, for violating the anti-evolution law is bringing the usual modern trimmings of political cases. | Real Red Elements There are real red elements. The “modern” New York and Chicago me- tropolitan dailies will have to stop smiling for a time when they learn that Tennessee has swiped their own exclusive stuff and considers the Communists responsible for the up- roar. “Instructions from Moscow,” the favorite scream of the big city press whenever workers rise against wage slavery or subject . peoples turn against the imperialist oppressor, is being echoed in the backwoods of the Appalachians. And here is the Communist snake, Jas plain to the fevered view of the Chattanooga Daily Times as to the cultured vision of the New York Times or the Chicago Tribune. Is not the American Civil Liberties Union financing the Scopes defense? And has it not defended I. W. W. and Com- munists? Is not its director, Roger Baldwin, under jail sentence at this very moment, for breaking the law of New Jersey during a strike in which Workers (Communist) Party speak: ers cooperated? And does not 'Bald< win sit on the same board of directors in another organization with William Z. Foster, chief American agitator of the Moscow heresies and apostacies? Bosses Promote Religion Behind all the solicitude for religion and the hatred of radicalism stands no doubt the all-pervasive influence of the Louisville and Nashville rail- road, the U. S$. Steel corporation with its southern interests centering in Bir- mingham and its Tennessee Coal and Iron subsidiary. The backwoods may believe in a literal flaming hell but they are catching up with all the most up-to-date bogeymen that the capital- ist press uses to scare the city work- erg in the centers of culture. Gary and Sen. Underwood of Alabama have a tar bigger stake in the fight against modern social ideas than has Bryan. Two Plutes Break Bread. The German ambassador to Ameri- ca, Baron von Maltzen, who was the guest of Vice-President Dawes, prais- ed the Dawes’ plan, which has en- slaved the German workers, as he passed thru Chicago. Your neighbor would like to read this issue of the DAILY WORKER. Be neighborly—give it to him! | Prehistoric Skull Is Found Near the ea of Galilee JERUSALEM, July 14.—A prehis- toric skull whose discovery holds co- incidental interest with the Scopes trial in Tennessess, today furnished scientists with another link in the evolution chain, The skull was discovered near Ti- berias, which Hes near the Sea of Galilee in Syria, and for those of li- teral orthodoxy may lead to the loca- tion of what was the site of the Gar- den of Eden. While the skull resembles that of the Neanderthal European type of prehistoric man, scientists say it places the time of primitive man in Palestine at a more remote period than any previous discovery. INCOME FIGURES SHOW MILLIONS GET PUNY WAGES The Millions Go to a Few Employers WASHINGTON, July 14. — Four American millionaires had incomes of more than $5,000,000 in 1923, and paid income tax totalling $10,908,000, the | bureau of internal revenue announced | today, In a revised statement of tax sta- tistics for 1923, it was disclosed that the total income for that year was $24,840,000,000 instead of $26,336,000,- 000 as originally estimated. Incomes from $40,000 to $50,000 proved the most lucrative source of taxation, with a total of $35,118,000 paid, 8,472 individuals having filed returns in that class. Large Mass Have Small Income. Of the total of 7,698,000 returns filed, 2,515,324 represented incomes of from $1,000 to $2,000, 2,470,000 were in the $2,000 to $3,000 class and 1,125,- 000 the $3,000 to $4,000 class. Millionaires in the $1,000,000 to $1,500,000 income tax class numbered 39. Twelve individuals Med returns showing incomes of $1,500,000 to $2,- 000,000, and twelve others incomes of from $2,000,000 to $3,000,000. It is the income tax on these high incomes which President Coolidge is seeking to abolish in the mext con- gress, LONDON DOCTORS SOLVE CANCER GERM PROBLEM LONDON, July 14—The London Lancet, leading medical journal of Great Britain, has placed its carefully tempered approval on the startling discoveries of Dr. W, E. Gye and J, EB. Barnard in isolating the cancer germ, it was announced today. “Dr. Gye’s observations, we may well believe, represent the solution of the central problem of cancer,” says the Lancet, Dr. Gye modestly has accorded Barnard, who is proprietor of a hat store near Piccadilly, his share of the credit for their discoveries. The hat store proprietor has made microscopy his hobby and earned the reputation of the most learned microcopist in in Great Britain. Technical details of the discoveries were being kept secret pending the publishing of two papers in a coming issue of the Lancet, one by Barnard explaining the part the microscope played, and the other by Dr. Gye set- ting forth the medical significance of their discoveries. Get This Issue of International Review and CONTRIBUTIONS FROM THE RANK AND FILE News from the job and trade union—facts and fight—a picture of the latest develop- ments in the trade. Official Organ of NATIONAL COMMITTEE FOR AMALGAMATION OF THE PRINTING TRADES UNIONS 1113 W. Washington Blvd., Chicago, III, r Riesebessaheadenestceeeeees FULL OF FACTS AND FIGHT— (me{malgamationist July -Issue-Is - Now - Off -The - Press For every printing trades worker—and every worker who wishes to be in touch with the latest developments of the Left Wing Movement in the Bundles of 10 or More Copies 2Y,c Each Articles Sasa THE DATL. POLICE TERROR FALS TO COW CURLEE STRIKE Plute Press Raves at Communist Influence By MARTIN A. DILLMON, (Federated Press Staff Cotrespondent.) ST. LOUIS, July 14,—NéVer in the history of St. Louls hag extreme po- lice brutality against itrikers been dished out so liberally ag in the strike involving 900 workers, called June 2, by the Amalgamated Clothing Work- ers against the Curlee Clothing com- pany. The issues are, the right to unionize, 44-hour week, Improved shop conditions, a 25 per cent increase of wages. The company, an uncompro- mising open shop for 15 years, refuses to negotiate. The strikers’ ranks are unbroken, Strike benefits are being pald by the union. The Amalgamated recently present- ed 50 affidavits supporting its charge of police brutality agaifist strikers. Sergt. W. E. Joplin ;:attaecked a girl picket, Bertha Luedhoff} with his fists and spit in her faee for good measure. Miss Elsie Turck, a striker, was arrested. Her bond was signed at 5 p. m., but she was held until 11 o'clock that night after which she was advised by the police that they desired to “teach a lesson you'll not soon forget.” Police manhandle several patrol loads of strikers, book them on im- maginary charges, and the Curlee company’s attorney is permitted to ap- pear in the role of special prosecutor. A temporary injunction has been is- sued against . picketing by federal Judge Davis. Federal officers serving the injunction advised the-strikers to return to work, as “the strike is lost now, anyway.” The St. Louis capitalist is turned against the -strikers full force. The St. Louis. Starrinvites A. F. of L. unions to “Join with the em- Ployers in an investigation of the Communistic character ofithe Amal: gamated Clothing Workers.” PATRIOTIC JOHN D. IN CROOKED TAX DODGE DEAL Sale of ‘Estates to Son Saves Millions (Special to The Daily Worker) NEW YORK, July 14.—(FP)—John D. Rockefeller, Sr. celebrated his 86th birthday by selling his four homes to his son for about $3,000,000 saving the son thereby hundreds of thou- sands of dollars in federal and state income and gift taxes. The transfer tax, based on the tax valuation of the property, amounted to, $1,732.50. The federal gift tax alone would have been $100,000 on the Pocantino Hills estate while federal inheritance taxes on this property would have been several hundred thousand dol- lars. The old Standard Oil multi- millionaire, once “the world’s richest man”, sold his son his town house, 54th and Fifth Ave. New York; his Lakewood, N. J., country estate; and his winter home at Ormond Beach, Florida; all with proviso that John D. Sr. occupy them during his remain- ing years of life. 6 daily press Indian Circus Performers Killed ALBANY, N. Y., July-14.—Three In- dian performers of the Hagenbach- ‘Wallace circus were Killed here early today by a West Shore train. They were sitting on the tracks smoking just before they weré to enter their sleeping car. i. The dead: Chief Frank Eagle, 65, of Brennan, 8, D.; Edward Brown, 55, known as Chief Spotted Ball, Pine Ridge, S. D.; Silby Fly, 55, of Fort Yates, N. D. MacMillan Flagship at Labrador WASHINGTON, July 14.—The flag- ship Bowdoin of the MacMillan Arctic expedition anchored last night at Hopedale, Labrador, having returned with a broken propellor, said a dis- patch today to the nal geographic society from Cor ler Donald B. MacMillan, a Court Collects Half Million. Four more fines assessed against ‘chair manufacturers by Judge Adam €. Cliffe today brot the total collected from that class of furniture makers for violation of the Sherman act up to $166,000 and the total collected from all classes up to nearly $500,000, Wisconsin Federation at Lake Geneva July 21. LAKE GENEVA, Wis.,—The an- nual convention, Wisconsin State Fe- deration of Labor, opens at Lake Ge- neva July 21, Argentina Offi BUENOS AIRES, entine, July 14 ~—Ex-governor Len¢! and other offi- cials charged with misuse of power and public funds while in office are to be arrested, it was announced at Mendoza : WORKER ‘New York telling that the Chicago or- Dream Bubble of Grea Nations Due for Bursting By J. LOUIS ENGDAHL. Feast the requiem of the Institute of Pacific Relations is ‘* sung in a headline in eng hg 8 Daily News as follows: of an.” he to finance “Permanent Pacific Peace Body Formed; Next Meetin Institute Set for 1927, Likely to Be Held in J main task will be the floating of a $75,000 fun the organization for the next five years. No resolutions were adopted, no declarations made, no programs set forth as a result of the Honolulu gathering. Just talk, a plea for funds and then an adjournment, just like all other similar propaganda organizations that appease the minds of liberals, and even some radicals, who chloroform themselves into the state of mind, that they are “getting somewhere” under capitalism. * * ee The institute talked peace in the Pacific, but as the ses- sions closed it faced a broadside from Congressman John F. Miller, of the state of Washington, who was in the neighbor- hood “studying the Hawaiian fortifications.” Cannon can also speak, and Miller is going to see that there are plenty of them provided for the American imperialist outpost on its Oriental frontier. But there are other voices. Motosada Zumoto, Japanese editor of the Herald of Asia, tells America to “please remem- ber that the slow and patient east is stirring and its voice will be more and more insistent on winning back its seat of equality in the family circle of peoples to which its civiliza- tion and morale entitle it.” Zumoto speaks for the Japanese ruling class of today. He will use the unrest in China and India to frighten Amer- ican imperialism, if he can, into granting concessions to his class. ¢ The great masses of oppressed China realize that only the Russian workers and peasants recognize them as equals and treat them as such. The Soviet Union has established an equality among the nations of which Zumoto never dreamed, but which he, and the class from which he springs, fear with the same fear that is keeping the foreign ministers of Washington, London and Paris awake nights trying to ‘conjure up some workable scheme for combatting it. * * * * It is said that Henry Cabot Lodge, as long as he lived the U. S. senator of the “open shop” interests of New Eng- land, and Franklin K. Lane, dreamt of a Pan-Pacific league of nations. Like the “league” that was spawned by the Ver- sailles peace, it was to be a capitalist “league” for the com- mon plunder of the workers and farmers of the nations that border the Pacific. The statesmen of big business have not given up the idea. But the failure of such a “league” is al- ready a foregone conclusion, recognizing that it would have serious vacancigs at its council tables from the beginning, if it were possible of organization. The Soviet Union and revolutionary China would be on the outside, very comfortable to besure. The Union of So- viet Socialist Republics would be b ning, to other nations to join its growing ranks. Revolutionary China would be a standing inspiration, as it is even now, to other peoples to struggle against this imperialist nthe But the imperial- ist rivalries themselves would mi such a Pan-American league as barren of definite action as “The League” that holds interminable councils in the quiet fastnesses of Swit- zerland, trying to forget the wars that rage ‘round the world, especially in Northern Africa. H * * ee The institute of Pacific relations adjourns and peace is as far off as ever, so far as it is concerned. Peace comes, however, on the bayonets of Chinese workers, turned against native and foreign capitalists, Peace comes only with the ending of capitalist rule. LS . . ° Injunction Judge Aids Bosses | (Continued from page 1) in New York,” “the strike being lost” and so on. Something may be lost if any more such chaps appear, but it won't be the strike. The whole Chicago membership is keeping close watch in their respec- tive shops to see that no I. T. C. of J. L. Taylor work is sneaked thru. It would be a warm day for any boss who gets caught with such open shop jobs on his work tables. But the boss- es have strong solidarity and the workers are ordered to look sharp. they pledged themselves to carry on the fight on the picket line, regard- less of capitalist courts. Local 81, 1. L. G. W. Repudiates Scabbing. It was learned yesterday that at the recent meeting of the Internation- al Ladies’ Garment Workers, Local No. 81, the local decided to send a resolution to the joint board and to the Chicago Federation of Labor pro- testing against the scabby action of the United Garment Workers and de- manding action against such an un- principled lot of scabs masquerading as unionists. With such support coming from all sections of the Chicago labor move- ment, led by the agitation of the DAILY WORKER and the activity of the left wing unionists of the Trade Union Educational League, the Amal- gamated strikers are very hopeful. Better Than at Start. The strike is in even better shape than when it started. The open shop bosses can no longer pretend that work is really being done, and even the trick of faking up telegrams from groups, coat makers, pants makers and vest makers, and will receive the news of how the strike benefits will be-paid. It is possible that the bene- fits will start in a day or so, Fear of Soviets Forces Patchwork by the Imperialists ‘(Continued from page 1) success of the Kuomintang influence upon the Peking government in call- ing for more than a vague revision of treaties, and demanding that all treaties be declared null and void and cancelled completely, This would put the imperialists in a new kettle of hot water and their rivalries would again crop up in case some insisted on using armed force to compel China to obey and observe the old treaties, ders would be done there, fails to work, Yesterday, just before noon, think- ing that the rain and the hour would favor them, a few scabs tried to sneak in, But the strikers don’t mind a little rain and did mind a scab. In this case women strikers constituted themselves as a committee on scab reception, The party was for scabs only, not even cops were admitted. The scabs will probably remember the party for some time even if they don’t brag about it to th ind. They went away with the greetings of the Amalgamated girls to Scab Herder Slater of the U. G. Gloom Peddlers, Beware! At the strike meeting the workers were wartied against agents sent among them’ when on the street by the bosses or the scabby United Gar- ment crew. me of these characters have shown up in the crowds with noisy propaganda about “Work done Meat Market IN THE FINNISH CO-OPERATIVE T zt ee Pie. ttle ab ie sa Today the workers will meet by | BROOKLYN, N. Y., ATTENTION! CO-OPERATIVE BAKERY RVICE OF THE CONSUMER. Bakery deliveries made to your home. (Workers organized as consumers) ¢| TEUT FASCISTS | Pan- Pacific League of| ADMIT CRIMES AGAINST LABOR | Killers Tell Soviet of Work for Police (Special to The Daily Worker) MOSCOW—An article in the Pre vda, official organ of the Russian Communist Party, entitled: “German Fascists before the Soviet Tribunal” contains among other things the fol. lowing relating the attempt of three German fascists to murder Soviet of- ficials: “The satements made by one of the three accused German fascists who came here to assassinate prominent personalities of the Soviet state and of the Communist Party, reveal the ethics of the monarchist conspirators in such a light that the most phan- tastic Communist imagination could furnish no better arguments against the bourgeoisie. “How long has the German press shouted in the attempt to prove that the Moscow trial was a mere fabrica- tion, and that the accused were not fascists and’ white guards, but young knights of the spirit, young scholars: who went to the land of red inven tions, red phantasies and red woue ders, where they are kept in prison, and that only the Moscow Tchekists could accuse these innocent scholars of plans of assassination, knowledge of poison and guns, conspiracy an@ other similar things. Baccked by Berlin Policy, “The defendant Dittmar has shown how hypocritical and false these wor- ries of the German press are, espec- ially of the fascist wing of the Ger- man counter-revolution, Monarchist conspiracies in Germany, spying among the workers, penetration of agents provocateurs into the Com- munist Party, service in the police headquarters at Berlin, connections with counts, barons, etc., and with the fascist organization “Consuls,” bloody repression of the revolutionary aw tempts of the German proletariat, un- successful attempts to penetrate into the Trading Representation in Berlin, and finally the murderous trip to Rus- sia—all these are linfs of a chain of crimes committed by counter-revolu- tionary cliques who are soiled with the blood of the German people, and the best men of our Soviet country. “The crimes these pedple commit ted against the German proletartat \are not being tried before our courts; that will be a matter for the prole- tarian tribunal of the German Soviet \Republic. Altho the clues lead close \to the gates of the Berlin police heaa- quarters, and to a series of promi-: nent personalities of the German oli- \garchy, we are not disposed to make \@ hysterical attack on Germany. “We weigh everything soberly, and we know that there are deep-rooted economic and political forces that make us interested in friendly rela- tions with the German Republic. We \must say openly however, that the methods adopted by the fascists and monarchists arouse the bitter indig- nation and repulsion in our country. Our people cannot tolerate such things; and the court will, if the course of the ‘trial shall require it, be stern in its verdict, 1. e. if the re- sults of the preliminary investigation and Dittmar’s deposition should be confirmed. Our court opreates neither with forged Zinoviev letters, as the civilized forgers of Great |Britain are wont to do, nor with false (citations as did Painleve a few days ago, when, after reciting a lot of his own inventions, declared with a gelf- \Satisfied smile: “Se non e vero, eben trovato!” Soviet Has No Use for Agente, Our courts have no use for insane Provocateurs such as Felix Neumann; our courts prefer to operate with ob-. Jective data, with genuine documents and depositions, made not by agents, but by persons who came here in the service of the fascists. Our authori- ties do not intend to attack the rep- resentation of the German Republic, as was done by the German police in Berlin, altho the same police is in- volved in the matter of the fascist defendants now on trial; we are not hysterics like the monarchists and social-democratic heads of the police in Berlin; we are in favor of peace and for the development of peaceful relations. Our tribunal will consider everything soberly, and will decide upon the punishment of each defend. ant. Restaurant © | RADING ASSOCIATION, Ine, Brooklyn, N. Y, who were about to shed the ‘blood of © ! 4 ,