Friday, May 25, 2007

Today in History - 1925

John Scopes, a teacher in Dayton, Tennessee, was charged with violating Tennessee's Butler Act, which prohibited the teaching of evolution in Tennessee schools.

Scopes' involvement in the so-called Monkey Trial came about after the American Civil Liberties Union (ACLU) announced that it would finance a test case challenging the constitutionality of the Butler Act if they could find a Tennessee teacher willing to act as a defendant.

A group of businessmen in Dayton, Tennessee, led by engineer and geologist George Rappleyea, saw this as an opportunity to get publicity for their town and approached Scopes. Rappleyea pointed out that while the Butler Act prohibited the teaching of evolution, the state required teachers to use the assigned textbook, Hunter's Civic Biology (1914), which included a chapter on evolution. Rappleyea argued that teachers were essentially required to break the law. When asked about the test case Scopes was initially reluctant to get involved, but after some discussion he told the group gathered in Robinson's Drugstore, "If you can prove that I've taught evolution and that I can qualify as a defendant, then I'll be willing to stand trial."

By the time the trial had begun, the defense team included Clarence Darrow, Dudley Field Malone, John Neal, Arthur Garfield Hays and Frank McElwee. The prosecution team, led by Tom Stewart, included brothers Herbert and Sue Hicks, Wallace Haggard, and father and son pairings Ben and J. Gordon McKenzie and William Jennings Bryan and William Jennings Bryan Jr. Bryan had spoken at Scopes' high school commencement and remembered the defendant laughing while he was giving the address to the graduating class six years earlier.

The case ended with a guilty verdict, and Scopes was fined $100, which Bryan and the ACLU offered to pay. The case was appealed to the Tennessee Supreme Court. In a 3-1 decision written by Chief Justice Grafton Green the Butler Act was held to be constitutional, but overturned Scopes' conviction on a technicality: the judge had set the fine instead of the jury. The Butler Act remained until 1967 when it was repealed by the Tennessee legislature.