for his appearance from day to day upon said citation and not depart the court without leave.
Mr. Darrow—What is the bond, your honor?
The Court—$5,000.
Mr, Darrow—That is, I do not have to put it up this morning.
The Court—Not until the papers are served upon you.
Mr, Darrow—Now, I do not know whether I could get anybody, your honor.
Mr. Neal—There will be no trouble.
(Frank Spurlock, of Chattanooga, thereupon volunteered his services in the matter.)
The Court Officer—Let us have order in this courtroom. If you people come up here to hear the trial, this is not a circus. Let us have order.
Mr. Spurlock—Do you want a signed bond, judge?
The Court—I reckon not, Mr. Spurlock. Oh, Mr. Spurlock.
(The court and Mr. Spurlock thereupon held a whispered consultation.)
The Court—Are you ready to proceed with the case on trial, gentlemen?
Mr. Hays—Yes, sir, if your honor please; shall we proceed?
The Court—Yes.
The Governor’s Message.
Mr. Hays—Before coming to the evidence that we wish to read into the record, the defense wishes to introduce in evidence a certified copy of the message from the governor approving this bill, on the ground that the message of the governor approving the bill has a bearing on the public policy of this state, Is there any objection?
Gen. Stewart—Yes, we except to that.
The Court—All right, I will hear you.
Gen. Stewart—That is the message that the governor sent to the legislature at the time this bill was being considered by that body. It is not competent in this case.
Mr. Hays—Oh, no, this is the governor’s message approving the bill.
Gen. Stewart—That message has no bearing on this case and I object to it.
Mr. Hays—He said, “having these views, | do not hesitate to approve this bill.” This is the message approving the bill.
Gen. Stewart—Well, sent to the legislature? Who is the message to?
Mr. Hays—A message from the governor.
Gen. Stewart—To whom?
Mr. Hays—To the senate and house of representatives, approving the bill.
Gen. Stewart—We except to that.
Mr. Hays—I presume the signature is important also. Ne signs the bill.
Gen. Stewart—-We except to that being put in the record.
Mr. Hays—May I read a part of it?
Gen. Stewart—I except to your reading any of it.
The Court—I will hear it.
Gen. Stewart—Why not get what some of the representatives said and introduce it in evidence?
Mr. Hays–I have not yet come to it. You don’t give me time.
Gen. Stewart—I will not be surprised if you undertake to do it.
The Court–That would be a matter addressing itself to the powers of the legislature on the question of public policy. I think I will hear you.
Mr. Hays—The governor said, among other things: “It will be seen that this bill does not require any particular theory or interpretation of the Bible regarding man’s creation to be taught in the public schools. We know that creeds and religions are commonly founded in the different refinements and interpretations of the Bible. * * * It seems to me that the two laws are entirely consistent. The widest latitude of interpretation will remain as to the time and manner of God’s processes in His creation of man.”
