28 Kevin Tierney, Darrow: A Biography (New York: Croswell, 1979), 85.
29 Robert G. Ingersoll, “Reply to Dr. Lymann Abbott,” in Robert G. Ingersoll, The Works of Robert G. Ingersoll, vol. 4 (New York: Dresden, 1903), 463.
30 Clarence Darrow, The Story of My Life (New York: Grosset, 1932), 409; Clarence Darrow, “Why I Am an Agnostic,” in Clarence Darrow, Verdicts Out of Court, Arthur Weinberg and Lila Weinberg, eds. (Chicago: Quadrangle, 1963), 434.
31 Clarence Darrow, quoted in Lilienthal, “Darrow,” 419.
38 John Haynes Holmes, I Speak for Myself: The Autobiography of John Haynes Holmes (New York: Harper, 1959), 263. The philosopher Will Durant made a similar observation during a debate with Darrow. Darrow and Durant, Is Man a Machine? 45.
40 For example, Henry R. Linville, The Biology of Man and Other Organisms (New York: Harcourt Brace, 1923), 4—5. See also Henry R. Linville and Henry A. Kelly, A Text-book in General Zoology (Boston: Ginn, 1906).
41 American Civil Liberties Union, The Fight for Free Speech (New York: American Civil Liberties Union, 1921), 17—18.
42 Lusk Committee, quoted in Robinson, Mind in the Making, 190—91.
43 Walker, In Defense of American Liberties, 59. The ACLU sought to get its message into public schools during the twenties both by providing schools speakers and helping high school debaters prepare for debates on free-speech issues. See, e.g., Roger N. Baldwin to College and High School Debating Societies, 17 October 1924, ACLU Archives, vol. 253. A typical example of classroom “Americanism” materials that surfaced in many places was the U.S. Bureau of Education’s 1923 American Education Week curriculum, which lauded the country’s founding fathers and military exploits.
47 Joseph Story, Commentaries on the Constitution of the United States, vol. 2 (Boston: Little & Brown, 1851), 590-97.
48 Andrew Dickson White describes the episode at length in Andrew Dickson White, A History of the Warfare of Science with Theology in Christendom, vol. 1 (London: Macmillan, 1896), 313-16. See also Paul K. Conkin, Gone With the Ivy: A Biography of Vanderbilt University (Knoxville: University of Tennessee Press, 1985), 50, 60—62.
49 George M. Marsden, The Soul of the American University: From Protestant Establishment to Established Non-Belief (New York: Oxford University Press, 1994), 130.
50 White, History of the Warfare of Science, vol. 1, 315.
51 “The Case of Professor Mecklin,” Journal of Philosophical, Psychological, and Scientific Methods 11 (1918), 67-81.
52 Arthur O. Lovejoy, “Organization of the American Association of University Professors,” Science 41 (1915), 152.
53 “General Report of the Committee on Academic Freedom and Academic Tenure,” Bulletin of the American Association of University Professors 1 (December 1915), 21, 23, 27, 29-30.
54 “Report on the University of Tennessee,” Bulletin of the American Association of University Professors 10 (1924), 217.
55 Ibid., 213-59 (quotes at 217 and 255). See also Jonas Riley Montgomery, Stanley J. Folmebee, and Lee Seifern Greene, To Foster Knowledge: A History of the University of Tennessee, 1794—1970 (Knoxville: University of Tennessee Press, 1984), 185-87.
56 “Report on Tennessee,” 56-63 (quotes); Montgomery, Folmebee, and Greene, To Foster Knowledge, 187—89.
57 Joseph V. Dennis, “Presidential Address,” Bulletin of the American Association of University Professors 10 (1924), 26—28.
58 “Report of Committee M,” Bulletin of the American Association of University Professors 11 (1925), 93-94.
59 Henry R. Linville, “Tentative Statement of a Plan for Investigating Work on Free-Speech Cases in Schools and Colleges,” in ACLU Archives, vol. 248.
60 Harry F. Ward, “MEMORANDUM on Academic Freedom,” ACLU Archives, vol. 248.
61 Harry F. Ward and Henry R. Linville, “Freedom of Speech in Schools and Colleges: A Statement by the American Civil Liberties Union, June, 1924,” ACLU Archives, vol. 248.
62 “Free Speech in Colleges Tackled by New Group—Civil Liberties Union Forms Committee to Act in Cases of Interference with Students and Teachers,” 22 October 1924, Press Release, ACLU Archives, vol. 248. See also John Haines Holmes and Roger Baldwin to “Colleges,” 15 November 1924, ACLU Archives, vol. 248.
63 Lucille Milner, Education of an American Liberal: An Autobiography of Lucille Milner (New York: Horizon, 1954), 161-62.
64 Roger N. Baldwin, “Dayton’s First Issue,” in Jerry R. Tomkins, ed., D- Days at Dayton: Reflections of the Scopes Trial (Baton Rouge: Louisiana State University Press, 1965), 56.
65 “Cries at Restrictive Laws,” New York Times, 26 April 1925, in ACLU Archives, vol. 273.
66 “Plan Assault on State Law on Evolution,” Chattanooga Daily Times, 4 May 1925, p. 5; “Anti-Evolution Law Won’t Affect Elementary Schools,” Jackson Sun, 29 March 1925, in Peay Papers, GP 40—13.
CHAPTER FOUR. CHOOSING SIDES
1 Why Dayton, of All Places? (Chattanooga: Andrews, 1925), 3.
2 The Census Bureau did not list Dayton in the 1870 census and placed its population at only 200 persons in 1880. The 1890 census reported a population of 2,719 for Dayton in 1890, but by the 1900 census the figure had dropped to 2,004. Thereafter, the Census Bureau ceased to separately list towns under 2,500 and Dayton dropped off the list. Boosted by agricultural development, however, the Rhea County population continued to grow. See U.S. Census Bureau, 1880 Census: Population, vol. 1 (Washington, D.C.: Government Printing Office, 1883), 338; U.S. Census Bureau, 1900 Census: Population , vol. 1, pt. 1 (Washington, D.C.: Government Printing Office, 1901), 373.
3 “Rappleyea Rapped,” Chattanooga Times, 19 May 1925, p. 5. Some secondary sources spelled this surname “Rappelyea,” but contemporary sources used “Rappleyea.”
4 “Was Converted Through Science,” Chattanooga Times, 21 May 1925, p. 2; G. W. Rappleyea to Editor, Chattanooga Times, 19 May 1925, p. 5. When his devout Roman Catholic mother later read about his pivotal role in these events, she chided him, “You always had lots of book sense, but never any common sense.” “Was Converted Through Science,” p. 2.
5 Fred E. Robinson, in Warren Allem, “Backgrounds of the Scopes Trial at Dayton, Tennessee,” Master’s thesis, University of Tennessee, 1959, p. 58.
6 Untitled typed statement of S. K. Hicks replying to charges before the Tennessee state bar association, in Hicks Papers.
7 John T. Scopes, The Center of the Storm: Memoirs of John T. Scopes (New York: Holt, 1967), 58-59; Juanita Glenn, “Judge Still Recalls ‘Monkey Trial’—50 Years Later,” Knoxville journal, 11 July 1975, p. 17; Allem, “Backgrounds of the Scopes Trial,” 60—61.
8 T. W. Callaway, “Father of Scopes Renounced Church,” Chattanooga Times, 10 July 1925, p. 1.
9 Arthur Garfield Hays, Let Freedom Ring (New York: Liveright, 1928), 33.
10 Sue K. Hicks in Glenn, “Judge Still Recalls,” 17. Other firsthand versions reported Scopes saying, “I’ll be willing to stand trial,” or “I don’t care. Go ahead.” Indeed, Scopes recalled it both ways himself at different times and said that he was given two opportunities to “back down.” John T. Scopes, in “Chance Conversation Started Scopes Case,” Knoxville Journal, 30 May 1925, p. 1; Scopes, Center of the Storm, 60. See also Sue K. Hicks quoting Scopes in Allem, “Backgrounds of the Scopes Trial,” 60.
11 Walter White, in Allem, “Backgrounds of the Scopes Trial,” 61.
12 “Arrest Under Evolution Law,” Nashville Banner, 6 May 1925, p. 1.
13 “Cheap Publicity,” Nashville Tennessean, 23 June 1925, p. 4.
14 “Darwin Bootlegger Arrested by Deputy,” Commercial Appeal (Memphis), 7 May 1925, p. 1.
15 John P. Fort, “Final Resolution Demands Chattanooga Cease Move to Bring New Case,” Chattanooga News, 19 May 1925; “One Evolutionist Out of Hundred,” Chattanooga Times, 11 July 1925, p. 1; H. L. Mencken, “The Monkey Trial: A Reporter’s Account,” in Jerry R. Tompkins, ed., D-Days at Dayton: Reflections on the Scopes Trial (Baton Rouge: Louisiana State University Press, 1965), 44 (reprint Of 15 July 1925 article).
16 The 1920 federal census reported that only 6.5 percent of the Rhea County population was “Negro,” precisely one-third the Tennessee state percentage. U.S. Census Bureau, 1920 Census: Population, vol. 3 (Washington, D.C.: Government Printing Office, 1922), 961, 167.
17 Mencken, “Monkey Trial,” 36—37 (reprint of 9 July 1925 article).
18 “Rebuke to the ‘Antis’,” Chattanooga Times, 4 June 1925, p. 4; Edwin Mims, “Address to Southern Conference on Education,” in Mims Papers; “Peay Not to Visit Dayton for Trial,” Nashville Banner, 16 June 1925, p. 1; “Doubts Legality of Special Term,” Chattanooga Times, 24 May 1925, p. 9; “J. Will Taylor’s Comments,” Nashville Banner, 26 May 1925, p. 1.
19 “Cheap Publicity,” p. 4; “Hungered and Thirsted for Publicity,” Knoxville Journal, 18 July 1925, p. 6; “A Humiliating Proceeding,” Chattanooga Times, 8 July 1925, p. 4; “Dayton Now Famous,” Nashville Banner, 26 May 1925, p. 8; “Tennessee’s Opportunity,” Nashville Banner, 12 July 1925, p. 1.
20 “The Dayton Serio-Comedy,” Chattanooga Times, 24 June 1925, p. 4.
21 “Southerners Open the Exposition,” New York Times, 12 May 1925, p. 11.
22 “The South and Its Critics,” Chattanooga Times, 8 May 1925, p. 1.
23 “Come South,” Nashville Banner, 6 May 1925, p. 8, and “Arrest Under Law,” p. 1.
25 “Scopes Held for Trial Under Evolution Law,” Commercial Appeal (Memphis), 10 May 1925, p. 1; “Scopes Held to Grand Jury in Evolution Test,” Nashville Tennessean, 10 May 1925, p. 1; Scopes, Center of the Storm, 63-65.