would best be served by a nolle prosequ, thus ending what the court termed "this bizarre case," once and for all. Mr. Smith announced he would follow the recommendation and not seek a re-trial. Says Act Uncertain The opinion declaring the law constitutional was delivered by Chief Justice Green and concurred in by two other justices, but Justice McKinney dissented on the ground that the act's "uncertainty of meaning," rendered it invalid. The conviction of Scopes, who was a science teacher in Dayton high school, was reversed because Judge John T. Raulston, presiding, fined him $100, when the jury failed to fix a fine. The high court held that only a jury may fix a fine of more than $50 under Tennessee law. While obviously disappointed over the action of the court, counsel for Scopes pointed to certain features as indicating a partial victory for the opponents of the law. Expressing satisfaction with the dissenting opinion of Justice McKinney, they viewed as favorable also a part of Justice Chambliss' opinion, which differed in one phase from the majority decision. Agrees Law Is Sound Justice Chambliss, while agreeing with Chief Justice Green and Justice Cook, as to the organic soundness of the law, declared his belief that the act "only prohibits the teaching of the materialistic theory of evolution, which denies the hand of God in the creation of man." Commenting on this opinion, Henry E. Cotton, attorney for the Tennessee Academy of Science, and an associate in Scopes' counsel, asserted that this view was not opposed to the known position of many recognized scientists everywhere. SCOPES EXPRESSES DISAPPOINTMENT CHICAGO, Jan. 15 (P)—Disappointment tempered with belief that the Tennessee supreme court's decision did not end the case was expressed by John Thomas Scopes, first violator of the Tennessee anti-evolution law which was upheld today as constitutional. Scopes studying at the University of Chicago under a 2-year scholarship given him by scientists who observed him at the Dayton trial, disappeared from the college campus shortly after he made his brief statement. DECISION A SUBTERFUGE MALONE DECLARES NEW YORK, Jan. 15 (P)—The decision of the Tennessee supreme court to reduce the fine of John T. Scopes to $50 and the recommendation that the case be nolle prossed rather than retried, seems to Dudley Field Malone, one of the defense counsel, a subterfuge typical of a "country court," he said today. "It rests with the Tennessee counsel in the case to decide on the significance of the recommendation that the case be nolle prossed," Mr. Malone said. "Of course, we cannot announce whether or not an appeal to the United States supreme court will be made until we have conferred with counsel in Tennessee." VILL CARPY CASE