would boat bP aervt-fl by a nolle 
proaae, thus ending what the court 
termed “this bizarre case,” ancc 
und 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 ,\vas 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 tine. The high court held that 
only a Jury may fix a fine of more 
than $50 under Tennessee law. I 
While obviou.sly disappointed over | 
the action of the court, counsel for 
Scopes pointed to certain features 
as indicating a partial victory tor 
the opponents of the law. Express- 
ing satisfaction with the dissenting 
opinion of Ju.stice 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 “oidy prohibits 
the teaeliing , of the materialistic 
theory of evolution, which denies 
tlie hand of God in the creation of 
man." 
Commenting on this opinion. 
Henry E. Colton, attorney tor the 
Tennessee Academy of Solenee, .and, 
an associate' in Scopes' counsel, as- 
serted (hat this view was not )i)- 
IKised to the. known iiositinn ol 
many recognized scientists everjp 
where. ^ 
_ SCOPES EXPRESSES f 
I DISAPPOINTMENT 
' CHICAGO, Jan. 15 (/P)— DlsaHr., 
pointment tempered with the belief 
that the Tennessee supreme court’s 
decision did not end the case w.as 
•expressed by .John Thomas Scop,?s, 
first violator of the Tennessee anti- 
evolution law which was upheld to- 
diiy 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,j.l, 
disappeared from the college oam- 
pus shortly after he made his brief 
statement. 
DECISION A SUBTERFUGE 
MALONE DECLARES 
NEW YORK, Jan. 15 (fl’)— Tae 
decision o£ the Tennessee supreme 
court to reduce the fine of John l. 
Scopes to $50 and the recommenda- 
tion that the case he nolle ^ossed 
1 ather than retried, seems to Dualey 
Eield Malone, one of the defense 
cdunsel, a subterfuge typical of a 
“country court,’’ hb said today. 
“It rests with the Tennessee 
counsel in the case to decide on the 
significance of the recommtenda- 
tion that the case be nolle pressed, 
Mr. Malone said. “Of course, we 
cannot announce whether or not an 
appeal to the United States su- 
preme court, will be made until we 
have conferred with coifnsel .n 
Tennessee.’’ 
Wl' L CARRY CAfF 
