COOKEVILLE, Tenn., July 7, 1925 (UP) -- Cookeville has had its hour in the limelight and Dayton's fame-and probably its money-have been saved.
At proceedings late yesterday which drew attention to this hitherto obscure little town, Federal Judge John. J. Gore refused to grant an injunction against trial of the Scopes evolution case at Dayton. By his ruling he assured the opening of the Scopes case at Dayton-which means so much to the little town-and opened and closed quiet Cookeville's hour of public attention.
In making his ruling Judge Gore advised attorneys who asked the injunction to apply in a court which had definite jurisdiction over Dayton-the Federal Court at Chattanooga. Judge John R. Neal, counsel for Scopes, said such an application would be made.
Gore based his ruling on two grounds-one that the federal courts could only interfere with state court cases in certain proceedings involving bankruptcy and the other that his court was not in the district with jurisdiction over Dayton.
The proceedings were brief. Two petitions for the injunction, which was sought as a preliminary to the removal of the trial from Dayton, were presented. One was from Scopes and the other from a private citizen, alleging the law under which Scopes was accused deprived them of rights guaranteed by the federal Constitution. Judge Neal personally presented the petitions.
While the Scopes defense indicated it would apply again at Chattanooga for an injunction, it was said this application could not be put through the courts in time to prevent opening of the trial on Friday as scheduled.
Clarence Darrow, one of the chief attorneys for the defense, told the United Press today in Chicago that the defense would not seek to postpone the trial.
"We will not ask for a postponement of the Scopes trial at Dayton," Darrow said. "We will let the trial go ahead as scheduled."