The Daily Worker Newspaper, July 17, 1925, Page 2

\ ee eae: Page Two Bk iret wat f bi { THE DAILY, WORKER NATIONAL ANTI IN CONGRESS; EVOLUTION BIL LAW RULED VALID (Special to The Dally Worker) DAYTON, Tenn., July 15.—Judge John T. Raulston handed down his predicted decision today upholding the Tennessee anti- evolution law and declaring it ¢ onstitutional, and overruling the motion of the lawyers defending John T. Scopes that the indict- ment be quashed. Raulst to his I Th the second indictment against R cision held that th was “within t itutional police powers in prohibiting the teaching of any theory of ition that denied the biblical stor the creation of man.” May Spread to Nation. A ding to the decision, if up- higher courts, the teach- facts may be barred the will of those controlling legislature. I as already been announced by sou n politicians backing the anti- | ordered the trial of Scopes for teaching evolution chool biology students to proceed “on its merits.” e also decided that the state had properly drawn Futant heckling each morning” by the defense. Raultston Overrules Defense. The defense immediately entered an objection, and the judge as quickly overruled it. An exception was taken by Frank McElwee, a new Scopes’ attorney. At the same time, John R. Neal entered a demurrer for the defense to the indictment on the same constitutional grounds carried in the motion to quash. The court overruled every constitu- tional question raised by the defense in his conclusion. Judge Raulston read his decision, approximately 8,000 words long. Would Give Legislature Dictatorship. In answering the defense’s charge that the law violated the fourteenth amendment of the federal constitu- tion, the court held that the legisla- ture had sufficient authority under its police powers not only to prescribe a course of study, but to name the books used, and that the courts could not interfere, He cited the opinion of Justice Mc- Reynolds of the United States su- preme court in the Oregon school case, the same/court’s ruling on the Meyer-Nebraska case and on the de- cision of the Tennessee state supreme court in the Leper case, which held that the legislature could prescribe certain books in all its schools. Upholds Educational Censor. “In the absence of expressed con- stitutional provisions,” Raulston rul- ed, “the power (to control schools) must necessarily reside in the legis- lature and hence, it has the power to prescribe a course of study as well as the books to be used.” Then there came the flurry of mo- tions from defense counsel and the judge ordered a recess. DEFENSE; STATE uting attorneys, demanded the court ev on law that a national cam- will be begun by them next o place an anti-evolution law on ederal statutes. A bill is to be ced by Representative Will republican, Tennessee, or D. Upshaw, democrat, of , to prohibit the teaching of evolution in the nation’s public schools. Again Object to Prayer. The opening prayer was offered by Dr. Charles Francis Potter, a unitari- rv and evolutionist from Dr. Potter was chosen for the cere- mony by the Dayton pastors’ associa- tion at the request of Judge John T. Raw The prayer, however, was again objected to by Scopes’ counsel even tho the minister came here to be a defense witness. Dr. John R. Neal, of Scopes’ coun- sel, voiced the protest and announced that an exception was taken to the | jud, ‘uling permitting the prayer. He cited an opinion from the supreme court of the United States, which tread: “The court will take judicial notice that religious world is divided into numerous sects and that a gen- eral doctrine is held by each sect.” His announcement provoked state counsel to protest against the “con- cn “Stand by Soviet Russia!” Demand “Hands Off China!” Raulston today. DAYTON CROWD APPLAUDS SCOPES’ APOLOGIZES FOR HARSH WORDS; JUDGE PROBES LEAK DAYTON, Tenn., July 15.—Sue K. Hicks, youngest of the local prosec- prohibit the defense’s constant objec- tions to the daily prayer, when the trial of John Scopes opened before Judge Judge Raulston repeated his declaration that the prayer was a custom in his court and that he did not feel it would influence any person in the case. Crowd Applauds Hayes. Clarence Darrow, ranking defense attorney, made the formal exception to Raulston’s ruling. It was entered on the record. Some of the bad feeling between lawyers was removed when Attorney General A. Thomas Stewart arose to apologize to Arthur Garfield Hayes for his “shut your mouth” statement made during yesterday’s session. Stewart said he was “very much ashamed” for his discourteous remark. A burst of applause greeted Stewart's state- ment. “I accept the apology,” said Hayes, “if the state’s attorney will refrain from further reference to the states from which defense counsel came.” The crowd applauded Hayes. Investigate Leak. The court then renewed his investi- gation /of the “seoop” carried yester- day bythe International News Service Mass meetings and demonstrations have already been arranged as follows: KANSAS CITY, MO.—July 15, 8 p. m., 12th and Forest. Speakers: nese), Thurber Lewis (English Negro speakers. BUFFALO, N. Y.—July 15, Labor Lyceum, Speaker William F. Dunne. St. L. Q. Sarimiento (Filipino), Siso Ogino (Japa- ). Also Chinese, Mexican and 376 William ITHACA, N. Y.—Cosmopolitan Club, July 16. Speaker William F. Dunne. ZEIGLER, ILL.—July 16, air meeting. Speaker, K. Mik 7 p. m., Pavilion Park, open alachky. BRIDGEPORT, CONN.—Friday, July 17, 8 p. m., Wash- ington Park. Speakers to be announced later. ST. LOUIS, MO.—Mass meeting, Friday, July 17, Labor Lyceum, 1243 N. Garrison. Speaker, K. Mikalachky. WASHINGTON, D. C.—July 17, 1814 N. St. N. W. Speaker, Rebecca Grecht. ROCHESTER, N. Y.—July 17 at 8 p.m. Labor Lyceum, 580 St. Paul St. Speaker Wm. F. Dunne. NEW YORK, N. Y.—July 17 at 6 p. m. Union Park, 17th and Broadway, open air demonstration. Speaker, Wm. Z. Foster. LOS ANGELES, CAL.—July 17. United Front Meeting. Auspices: Kuo Min Tang, Civil Liberties Unign, Japanese Workers Association, Workers Party, at Musi¢ Arts Hall. PHILADELPHIA, PA.—Friday, July 17, 8 p. m., Grand Fraternity Hall, Sixteenth and Arch. W. FRANKFORT, ILL.—July 18, 7:30 p. m., at Band Stand. Speaker, K. Mikalach SEATTLE, WASH.—Jul DULUTH, MINN.—Sun ky. 18. Speaker, N. H. Tallentire. July 19, 2 p. m., Fairmont ay, Park, 71st Ave. W. Speaker, rs A. Hathaway. MILWAUKEE, WIS.—Sunday, July 19, 8 p. m., Labor Temple, 808 Walnut St. Speaker, J. Louis Engdahl. BOSTON, MASS.—Sunday, July 19, 4 p. m., Boston Common Mall. PORTLAND, ORE.—July Speaker, Earl R. Browder. PITTSBURGH, PA.—Mass meeting, i 2:30 p. m., Labor Lyceum, 35 Miller St. Speaker, Be! July 19, n Gitlow. 19, at 8 p. m. Workers Party Hall, 227 Yambiell St. Speaker, Stanley J. Clark. CHRISTOPHER, ILL.—July 19, 9 a. m., 2 blocks north of high school, Speaker, K. Mikalachky. NIAGARA FALLS, N. Y.—Monday, July 20, 7:30 p. m., Building Trades Council Hall. AKRON, OHIO.—July 20, Speaker, John Brahtin. CHICAGO, ILL.—July 21, es Speakers: Fo! and Western Aves. Speaker, T. R. Sullivan. 7:30 p. m., 601 So. Main St. m., Northwest Hall, North ster, Chi (Chinese), Cirilo Manat (Filipino), Max Shachtman (Young Workers League). MINNEAPOLIS, MINN.—Mass meeting, Tuesday, July 21, 8 p. m., Finnish Hall, 1317 Western Ave, No. William F. Dunne. Speaker, ST. PAUL, MINN.—Mass meeting, Wednesday, July 22, 8 p. m., Deutsche House, 444 Rice St. Speaker, Dunne. illiam F. + a and printed in the DAILY WORKER, revealing that his decision would up- hold the constitutionality of the Ten- nessee anti-evolution law. Raulston called Richard J. Beamish, of Phila- delphia, chairman of the committee of newspapermen, which was appointed to investigate the International News Service story. Report on News Leak. Beamish submitted the following re- port: “The committee appointed by your honorable court to investigate a re- ported news leak of the substance of your honor’s opinion upon the motion YONKERS, N. Y.—Saturday, July 25, at 8 p. m., 23 Pali- pads Ave. fr to quash the indictment of John T. Scopes respectfully reports: That it has ascertained that the brief bul- letin to the effect that the decision would uphold the indictment was based upon information which the sender of the bulletin believed to be truthful. “That the sender did not obtain this information from your honor’s steno- grapher, nor in any improper and un- ethical manner. “We recommend that no good ground exists for further investigation and that the sender of the bulletin be not disturbed in his relations with the court.” Philip Kinsley, Chicago Tribune, a member of the committee, did not sign the report. “I think the court is entitled to know where the information came from?” said Judge Raulston. “Upon investigation, we found that the information came from the court,” said Beamish, as the crowd laughed. “How? What's that?” Reporter Used “Strategem.” “The young man met the judge en- tering a local hotel,” Beamish con- tinued, He then recited a conversa- tion between the judge and this cor- respondent. “Will court continue tomorrow?” Beamish said this correspondent in- quired. “And your honor, you an- Swered ‘yes.’ “The reporter knew that court could not continue if you quashed the in- dictment. He therefore made a care- ful deduction that you intended to rule against the defense motion and based his story upon that.” The court thereupon called this correspondent to the stand and asked him whether he intended to “use strategem” upon the judge. When the reporter denied any intended trickery, the judge dropped the matter. At this point Clarence Darrow, ranking defense attorney, arose and protested to the court against having the “religion of any of the lawyers in this case being made known to the jury.” The court ruled in his favor. PEACE PACT’ A PLAN TO KNIFE SOVIET UNION German Reply to Be Ready Next Friday BERLIN, Germany, July 15—The German cabinet, after much disagree- ment between » foreign minister Stresemann and other cabinet mem: bers, has drafted a tentative reply to the French note on the basis of a treaty between Germany and the al- lies. The socialst leaders are reported to ibe playing their usual role of serv- ants of the capitalists, in supporting the “security pact”! proposed as a means whereby the German and Eng lish capitalists can form an alliance against the Soviet Union. Stresemann has disagreed with Schiele, nationalist minister of the interior, over the proposed reply. Schiele demands a note which makes it clear that Germany will not relin- quish its demands for more territory on its eastern frontier. Stresemann favors @ more conciliatory reply. Stresemann’s real purpose is to break the Rapallo treaty with the So- viet Union, and join hands with the anti-Soviet nations, It is hoped by the German capitalists to buy sup- port from the U. 8. and English cap- italists by agreeing to oppose the So- viet Union. There will be a final sitting on Germany’s reply Friday at which the cabinet, the premiers of the fed- erated states, and the reichstag’s for- eign relations committee will confer. Boston Mass Meeting Sunday for China and Soviet Russia Aid BOSTON, Mass., July 15.— The great mass meeting to voice the cry of American labor for the slogans— “Hands Off China” and “Stand by Soviet Russia” will be held in Boston on Sunday, July 19, at 4 p. m., in the Boston Common Hall, Earl Browder, member of the Cen- tral Executive Committee of the Workers Party and editor of the Workers’ Monthly ‘will be the princi- pal speaker, All workers of Boston and vicinity are Sytitoa- Discuss Evolution at Minneapolis Open Air Meeting Sunday MINNEAPOLIS, Minn., July 15.— The burning question of evolution will be discussed on Sunday eve, July 19, at Washington Square (seven corn- ers). John Gabriel Soltis will speak on the “Principles of Evolution and the Working Class.”,There will also be other speakers. The meeting is arranged by the Workers (Commun- ists) Party. Foreign Exchange NEW YORK, July 15.—Great Bri- tain pound sterling, demand 4.85%; cable 4.86%. France, franc demand 4.68%; cable 4.69. Belgium franc de- mand 4.68; cable 4.63%. Italy, lira demand 3.68%; cable 4.69. Sweden, krone, demand 26.83; cable 26.86. Norway, krone 17.83; cable 17.85. Denmark, krone 20.73; cable 20.75. German, mark not quoted. Shanghai, tael 78%; cable not quoted. THREE THOUSAND DEAD IN FLOODS THAT SWEEP Two KOREAN PROVINCES TOKIO, July 15—Three thousand are dead in the’ Korean floods sweeping the southern and east- ern provinces, according to esti- printed today by the Jap- janguage newspapers. Relief trains have been sent from Seoul with supplies for the thousands made homeless by the high waters, ECKENER URGES JOINT U. S. AND GERMAN DRIVE BY DIRIGIBLE FOR THE NORTH POLE IN THE SPRING BERLIN, July 15.—America today was asked to join Germany in a dirigible expedition to the North Pole, each country to fly its own giant air- ship, but with the two keeping constant touch and assisting and supple- menting each other, The invitatino was extended by Atlantic delivery of the naval dirigible Los Angeles, In answer to a question as to the size of the Polar dirigible, Dr, Bckener | said: “If, as I believe, America will fill the gas bag with helium, it should be between 120,000 and 180,000 cubic meters capacity, while the German vessel, filled with hydrogen should be between 100,000 and 110,000 cubic meters in size. He would leave the details of con- struction and co-operation to those in charge of the trip. Both airships must be equipped to | \ Dr. Hugo Eckener, pilot in its trans- OE Eennen a naenenee land in water and ice, which he thinks, could be done with complete safety. He believes exploring groups could be left on the ice and later picked up by the airships, STOCKHOLM, Syeden, July 15— Parties of Swedish Workers have been formed to travel in,the Soviet Union and study its structure. The Hsthon- refused a group mission to travel ‘to Moscow, Mis oh: 8 ‘| SCOTT MUST HANG ee New Red Trail Is Blazed for Workers’ Rule from Moscow to Peking, China By J. LOUIS ENGDAHL. ODAY, Soviet aviators rest their scarlet-bannered planes in Peking, seat of the government of North China. They have brought them successfully thousands of miles over mountains, fertile fields and arid deserts, over broad lakes and rivers from Soviet Moscow. It took them a month to make the trip. They were in no hurry. They stopped off occasionally to receive the wel- come of the countryside thu which they passed. Their main business was to survey an air route thru Siberia and across the Gobi desert to China. The ministries of war and marine of the Chinese government sent delegates to welcome them as they neared their oriental goal, * 8 * @y This will no doubt prove se for hysterical utter- ances in the House of Commons at London, and in the cham- bers of deputies at Paris and Rome. It might also in the congress at Washington, if it were in session, But where congress fails, Secretary of State Kellogg makes up in his scurryings from Washington to the summer white house at Swampscott, Mass. For the Union of Soviet Republics is cementing new and inseparable ties with restless China. The four airplanes that sailed the skies from Moscow to Peking are but harbingers of the great fleets to come, that will bring closer labor in Europe and Asia. . * ° . Take the flight from Peking to Dayton, Tenn., and in the city of the anti-evolution trial you will find “Scrutator,” the writer of the Chicago Tribune, turning out copy to the effect that, “the fight between science and obscurantism has been a matter of establishing better communications between men, provinces and nations.” This writer argues that all is well with the world, in spite of Bryan and ultra-fanatics in religion, because Indian trails and arduous roads along river courses are being super- seded by macadam highways for fast automobiles. It is urged that everything favors “highspeed civilization” as against “‘oxcart culture.” ° ee @ But the Chicago Tribune specialist treads on dangerous reasoning. It has not helped the mountaineers of Tennessee much to come up off the Indian trail onto an auto speedway. One of the members of the Scopes jury can neither read nor write. The coal fields of Tennessee, like those of Kentucky to the north and Alabama to the south, are unorganized, furnishing non-union coal to scab on the union coal in the northern: states, thus beating down the standard of living, in spite of all capitalism's “highspeed Civilization.” All the intricate machinery contrived by modern inven- tive genius has been, or is being introduced into China, to be used in exploiting the Chinese workers. The industrial slavery thus imposed has been so degrading that the Chi- nese have joined in militant protest against all their oppres- sors. # * e* 0° @ It Is not enough that new things should come into the world, the radio instead of the old family almanac, the smooth-surfaced highway instead of the Indian trail, the huge industrial machine in place of the small hand tools. Something else must happen before the masses can benefit. The masses must be the masters. They must dominate their own destiny. They must own the industrial machine instead of being owned by it. That is the message that the scarlet-bannered airplanes coming down out of the sky upon Peking brought to the Chinese working masses from Red Moscow. It was the mes- sage of human liberation that is dangerous to those who believe in, defend and fight for human degradation under the wages system. The night airmail that flies between Chicago and New York, carrying the stocks and bonds, the correspondence of robber business, everything in aid of bigger profits, means little to the American workers and poor farmers, except that it oils the-machinery of plunder that is taking the wealth they produce. But the airlane along which the Soviet planes fly from Moscow to Peking is one of the roads that leads from the proletarian victory today of the Russian masses to the world proletarian victory of the morrow; one of the roads that progresses toward the new civilization—toward Communism, i ference as soon as the owners should withdraw their proposals for lower wages or longer hours. General Council Supports The gravest of crises may soon grip the British isles, as the great body of organized labor in England is sup- porting the coal miners, The ggneral council of the Trade Union Congress has pledged its full support—which means more than the empty words of similar officials in the American Federation of Labor. Also, Friday will see a conference of the “Big Five” unions involving the greatest forces in the British movement, including the railwaymen, transport workers, engineers, miners and general workers, Last month a fighting alliance proposed by the miners was defeated by the yellow so- cialists, and the employers of all thc world crowed over the “rejection of the reds” by British labor. Whether their joy is to be short lived or not may soon be determined. In any event a coal miners strike, seriously threatening British capital- ism with dire consequences, may come at the end of July when the differ- ences may turn into strike. British Coal Miners Reject Wage Cut and the Longer Workday (Continued from page 1) Traitors Cannot Stop Miners Strong influence of yellow socialists and union reactionaries were brought to bear upon the miners to get them to accept the government's proposed court of inquiry or to meet the terms of the owners, but these influences were unavailing. * In officially announcing its decision the federation said it would inform the government it could not accept another court of inquiry “having for its object the ascertainment of whe- ther miners’ wages shall be reduced or their hours extended.” The announ- cement added that the federation would meet the ownesr in open con- ‘ON SON'S BIRTHDAY IS RULING OF STATE Russell Scott must hang of Fri- day, as the result of a ruling handed down at Springfield by the division of paroles and pardons, denying the plea of Scott's attorney, Lesile Whelan, and Catherine Scott, the doomed man’s wife, for executive clemency. Scott, who is now in the county Jail here, will be hanged on the birthday of his nine-year old son, Robert. His lawyers asked that the Sentence be commuted to life im- prisonment on the ground that the evidence against Scott was not con- vincing, Scott was convicted of killing a drug store clerk in a loop robbery, ra ed e'mon over. for fun, c'mon over! C’mon Over! If you have a day, an hour, or a minute to spare—why, There is so much work piled up on the small force in our office that we need*your help so very badly, to insert letters, address, seal and stamp envelopes and ever so many other little jobs that have us swamped, If you volunteer your services that's a fine way to help the DAILY WORKER. We'll be glad to see SOUTHERN POLITICIANS TO SEEK FOELL GETS 0B AS INJUNCTION JUDGE IN STRIKE. Hearing in Straggle of Amalgamated Today , (Continued from page 1 when it comes to injunctions against unions, When the I. L. G. W. was om strike, Sullivan had the petitions of the boses for injunction. But he be- came so notoriously an injunction making machine for the bosses, that he turned the I. L, G. W. over to Judge Foell, who promptly issued any and all injunctions asked for. Mass Violation In the Offing. Sullivan and Foell are as close as Siamese twins on anti-union injunc- tions. So the strikers can tighten up their belts and hitch up ther trousers—the men, of course—for & mass violation of the inevitable order against “certain kinds” of picketing. If the present spirit is sustained— and it ought to be—the strikers will win against @l these things. An in- stance of the fighting blood of the pickets occurred when yesterday morning Mrs, Frank Cicala was ar rested because she and some other women decided that the date between a slugger and a scab on the cornes was an unlawful assembly so far a@ the union was concerned and endeaw ored to convince them of ft. Nothing Beats the A. C. W. Strikers, At the strike meeting, the enthuse iasm of the strikers was unabated, even by Manager Levin's speech, which started out reasonably well, but which wandered around and fim ally found itself in some talk about “My country ’tis of thee,” But not even bum speeches, the hot weather, the sluggers, the cops or the United Garment scabs can squelch the strik- ers and defeat their strike. The strikers feel assured that not only the whole Amalgamated and particularly their New York broth- ers and sisters who are fighting the same battle a thousand miles away against the same boss for the same union, support them, but that the members of organized labor in gen- eral, and its most active militants of the Trade Union Educational League, |are stirring the labor movement ta an understanding that the fight of the A. C. W. against the open shop here is a fight in which all must by interested, and concerned. There can be no talk hereaftex about the interests of the New York members being of no concern to the members in Chicago, nor any attempt on the part of bosses or anyone else to divide the workers by shops and tell each shop's workers they should ignore the interests and conditions of those in other shops. Working Class Unity Leading Iseue) The strikers against the open shop I. T. C. and J. L. Taylor companies are getting a first class lesson in class struggle, learning that the interests of workers and employers are always opposed, that the interests of, work- ers everywhere and at all tink are their interests and that they should concern themselves with the well- being and the trials of the whole working class. Victory Comes Only By Struggle. And they are learning that great fact, sometimes forgotten or neglect- ed by even some union members and officials, that only by organized mass struggle against the employing class can the workers gain better condi- tions, or even keep what they have had. DAUGHERTY BOASTS OF HIS ATTACK ON LABOR WHILE IN THE CABINET WASHINGTON, D, C., July 15— In a leter to the Ohio Bar Associa- tion former Attorney General Harry Daugherty boasts of “two oustand- ing acts” of the department of jus- tice during his y In office, “First the ring of the injune- tion in the shoperafts railroad strike for which my Impeachment was-demanded by badicals and rede. Second, my refusal to turn over to an unauthorized, Red-controlled, ‘so called investigation committee of the United States senate the confi- dential files of the government.” Give this copy to your shop. mate. you—so just j