Page:The World's Most Famous Court Trial - 1925.djvu/52

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48
TENNESSEE EVOLUTION TRIAL

jected by the other. No bill shall become a law which embraces more than one subject, that subject to be expressed in the title. All acts which repeal, revive or amend former laws shall recite in their caption, or otherwise, the title or substance of the law repealed, revived or amended.

(b) In that it violates Sec. 12, Article XI of the constitution of Tennessee:

Sec. 12. Education to be cherished; common school fund, poll tax, whites and negroes, colleges, etc., rights of—knowledge, learning and virtue being essential to the preservation of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the state, being highly conducive to the promotion of this end, it shall be the duty of the general assembly in all future periods of the government to cherish literature and science. And the funds called the common school fund and all the lands and proceeds thereof, dividends, stocks and other property of every description whatever, heretofore by law appropriated by the general assembly of this state for the use of common schools, and all such as shall hereafter be appropriated shall remain a perpetual fund, the principal of which shall never be diminished by legislative appropriations; and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the state, and for the equal benefit of all the people thereof; and no law shall be made authorizing said fund or any part thereof to be diverted to any other use than the support and encouragement of common schools. The state taxes derived hereafter from polls shall be appropriated to educational purposes, in such manner as the general assembly shall from time to time direct by law. No school established or aided under this section shall allow white and negro children to be received as scholars together in the same school. The above provisions shall not prevent the legislature from carrying into effect any laws that have been passed in favor of the colleges, universities or academies, or from authorizing heirs or distributees to receive and enjoy escheated property under such laws as may be passed from time to time.

(c) In that it violates Sec. 18, Article II of the constitution of the state of Tennessee:

Sec. 18. Of the passage of bills. Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmission to the other. No bill shall become a law until it shall have been read and passed, on three different days in each house, and shall have received, on its final passage, in each house, the assent of a majority of all the members to which that house shall be entitled under this constitution; and shall have been signed by the respective speakers in open session, the fact of such signing to be noted on the journal; and shall have received the approval of the governor, or shall have been otherwise passed under the provisions of this constitution.

(d) In that it violates Sec. 3, Article I of the constitution of Tennessee:

Sec. 3. Right of Worship Free—That all men have a natural and indefeasible right to worship Almighty God according to the dictates of his own conscience; that no man can of right, be compelled to attend, erect or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship.

(e) In that it violates Section 19, Article I of the constitution of Tennessee:

Sec. 19. Printing presses free; freedom of speech, etc., secured. That the printing presses shall be free to every person to examine the proceedings of the legislature, or of