Jerry Summers: Scopes - Governor Austin Peay

  • Monday, January 6, 2025
  • Jerry Summers
Jerry Summers
Jerry Summers

With the speculation that the 2026 Tennessee gubernatorial race is already starting to heat up how does the Volunteer Chief of State’s position (term limited) relate back to the 1925 Scopes “Monkey Trial” of 1925?

It would endanger ones physical safety and health to infer that there may be more than one political monkey in the 2026 contest in light of the size of the potential contenders who may be the favorite choice of the present occupant of the mansion at Curtis Wood Lane in Music City.

The role of the ‘gov in Dayton, Tennessee in July 1925 was caused by the thoughtful action of the 132 members of the Tennessee General Assembly.

Unlike the present lame duck official who seems determined to “replace our public school system with a school voucher program which has failed in other states” (I didn’t say it) resistance by the same legislative body in March 1925 did not exist.

Austin Peay (1876-1927) was the 35th governor of Tennessee from 1923-1927 and was the first one to die in office.

In March 1925 he signed the anti-evolution (Butler Act) into law that enacted the legislation for the Scopes Trial that took place in July 1925 in Dayton, Tennessee as the “Monkey Trial”.

Governor Peay (as did a lot of politicians) did not participate in the trial but had a visible present.

However prior to  the start of evidence being presented to the jury the defense through attorney Arthur G. Hayes attempted to “introduce into evidence a certified copy of the message from the governor (Peay) approving this bill on the ground that the message of the governor signing the has a bearing on the public policy of this state.”

Of course the prosecution by District Attorney General Thomas Stewart objected on the grounds that the document was not competent under the law.

Governor Peay was quoted as saying:

"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 re- main as to the time and manner of God's processes in His creation of man."

Another part says: "After careful examination I can find nothing of consequence in the books now being taught in our schools with which this bill will interfere in the slightest manner. Therefore, it will not put our teachers in any jeopardy. Probably the law will never be applied. It may not be sufficiently definite to permit of any specific application or enstatute.”

Judge John T. Raulston did not allow the governor’s actions or statements to be heard by the twelve (12) person lay jury on the ground that “his opinion of what the law means, whether or not it would be enforced is of no consequence at all in the court and could not have any bearing and I exclude the statement.”

(The defense strategy from the beginning of the legal proceeding was to get a ruling on the constitutionality of the anti-evolution that could be appealed to the United States Supreme Court. The benefits to the City of Dayton, Tennessee arising out of the trial from an economic standpoint was the initial objective of many of the originators to initiate a criminal prosecution.)

----

If you have additional information about one of Mr. Summers' articles or have suggestions or ideas about a future Chattanooga area historical piece, please contact him at jsummers@summersfirm.com)

Happenings
Zoomie Fest At Chester Frost Park Set For Aug. 26
Zoomie Fest At Chester Frost Park Set For Aug. 26
  • 8/23/2025

Hamilton County Parks and Recreation announces Zoomie Fest at Dog Paddle Park at Chester Frost Park on Tuesday, Aug. 26 from 5-7:30 p.m. Going off leash! Zoom into Fun with Furry Friends! ... more

Habitat For Humanity, Shop The Market Plan Special Events
  • 8/22/2025

Habitat for Humanity’s signature fundraiser, “Blueprint for the Future,” will take place this Fall on Oct. 2. It will be held in the First Horizon Pavilion at Finley Stadium, 1826 Reggie White ... more

Erlanger Park Topping Off And Community Signing Events Announced
Erlanger Park Topping Off And Community Signing Events Announced
  • 8/22/2025

Throughout the last week of August, local residents will have several opportunities to leave their first mark on Erlanger Park by signing steel plates that will be used to construct the community’s ... more