would best bo served by a nolle 
proase, thus ending what the court 
termed "this bizarre case,” ancc 
and for all. Mr. Smith announced 
he would follow the recommenda- 
tion and not seek a re-trial. 
Says Act Uncertain 
The opinion declaring the ’aw 
constitutional , Was delivered by 
Chief Justice Green and concurred 
in by two other justices, but Jus- 
tice McKinney dissented on the 
ground that the act’s “uncertainty 
of meaning’,” rendered it invalid. 
The conviction of Scopes, who was 
a science teacher in Dayton high 
school, was reversed because Judge 
John T. Raulston, presiding, fined 
him $100, when the jury failed to 
fix a fine. The high court held that 
only a jury may fix a fine of more 
than $50 under Tennessee law. 
While obviously disappointed over ) 
the action of the court, counsel for 
Scopes pointed to certain features 
as indicating a partial victory for 
the opponents of the law'. Express- 
ing satisfaction with the dissenting 
opinion of Justice McKinney, they 
viewed as favorable also a part of 
Justice Chambliss’ opinion,, which 
differed in one phase from the ma- 
jority- decision. 
Agrees Law Is Sound 
Justice Chambliss,' while agree- 
ing with Chief Justice Green and 
Justice Cook, as to the organic 
soundness of the law, declared his 
belief that the act “only prohibits 
the teaching , of the materialistic 
theory of evolution, which denies 
the hand of God in the creation of 
man.” 
Commenting on this opinion, 
Henry E. Cotton, attorney for the 
Tennessee Academy of Science, and, 
an associate’ in Scopes’ counsel, as- 
serted that this view was not >p- 
posed to the. known position u! 
many recognized scientists ever** 
where. 
SCOPES EXPRESSES 
I DISAPPOINTMENT 
‘ CHICAGO, Jan. 15 (/P) — Disap- 
pointment tempered with the belief 
that the Tennessee supreme court's 
decision did not end the case was 
expressed by John Thomas Scopes, 
first violator of the Tennessee .anti- 
evolution law which was upheld to- 
day as constitutional. 
Scopes studying at the University 
of Chicago under a 2-year scholar- 
ship given him by scientists wno 
observed him at the Dayton tri,il, 
disappeared from the college cam- 
pus shortly after he made his brief 
statement. 
DECISION A SUBTERFUGE 
MALONE DECLARES 
NEW YORK, Jan. 15 (A')— T -I e 
decision of the Tennessee supreme 
court to reduce the fine of John > . 
Scopes to $50 and the recommenda- 
tion that the case he nolle pressed 
lather than retried, seems to Dudley 
Field Malone, one of the defense 
counsel, a subterfuge typical of a 
“country court,” he said today. 
“It rests with the Tennessee 
counsel in the case to decide on the 
significance of the recommenda- 
tion that the case be nolle prossed, 
Mr. Malone said. “Of course, ve 
cannot announce whether or not an 
appeal to the United States su- 
preme court, will be made until we 
have conferred with counsel .n 
Tennessee.’’ 
Ml' L CARRY CAF C 
