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Eugenical Sterilization

in the

United States

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Harry Hamilton Laughlin, D. Sc.

Assistant Director of the Eugenics Record Office,

Carnegie Institution of Washington,

Cold Spring Harbor, Long Island, New York,

and

Eugenics Associate of the Psychopathic Laboratory

of the Municipal Court of Chicago.

Published by the

Psychopathic Laboratory of the Municipal Court

of Chicago

December, 1922

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Copyright, 1922,

by the Municipal Court

of Chicago.

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FRED KLEIN CO.

PRINTERS Chicago, Illinois

Keep the Life Stream Pure.

Introduction

Dr. Harry H. Laughlin, Eugenics Associate of the Psychopathic Laboratory of the Municipal Court of Chicago, and Eugenics Director of Carnegie Institution of Washington, Cold Springs Harbor, N. Y., has rendered the nation a signal service in the preparation of this work, "Eugenical Sterilization in the United States."

Since the rediscovery of Mendel's Law of Heredity and the recent advances made by the biologists and psychopathologists in respect to the causes of mental and physical defects in the human race, with the conse- quent revelation of the great role played by heredity as a producing cause, the science of eugenics has become of vital importance.

"Eugenics," says Professor Irving Fisher, "stands against the forces which work for racial deterioration, and for improvement and vigor, intelligence and moral fiber of the human race. It represents the high- est form of patriotism and humanitarianism, while at the same time it offers immediate advantages to ourselves and to our children. By eugenic measures, for instance, our burden of taxes can be reduced by decreas- ing the number of degenerates, delinquents and defectives supported in public institutions ; such measures will also increase safeguards against crimes committed against our persons or our property."

America, in particular, needs to protect herself against indiscriminate immigration, criminal degenerates, and race suicide.

The success of democracy depends upon the quality of its individual elements. If in these elements the racial values are high, government will be equal to all the economic, educational, religious and scientific demands of the times. If, on the contrary, there is a constant and progressive racial degeneracy, it is only a question of time when popular self-govern- ment will be impossible, and will be succeeded by chaos, and finally a dictatorship.

Dr. Laughlin is well qualified for the work he has undertaken. For twelve years he has been in immediate charge of the Eugenics Record Office (founded in 1910 by Mrs. E. H. Harriman and since 1918 a part of the Carnegie Institution of Washington), located at Cold Spring Harbor, Long Island, New York. There he is engaged in organizing and con- ducting eugenical investigations. He is, also, Expert Eugenics Agent of the Committee on Immigration and Naturalization of the House of Representatives of Washington, D. C, and recently organized the ex- hibits of the Second International Congress of Eugenics in New York City.

As a product of scientific research the book will have permanent value. The importance and usefulness of the work is not to be gauged by the

[v]

extent of its circulation. Enough copies will be published to reach the leaders of the medical, legal and clerical professions, the press and mem- bers of legislative bodies.

The Municipal Court of Chicago, which has for years made an in- tensive study of crime prevention, punishment and suppression, feels privileged to be able to make another notable contribution in this field.

The courts have special functions to perform in the suppression of crime. The first of these is to enforce the laws impartially and justly. Incidental to this duty much original information comes to the judges of our courts, and it has been the policy of the Municipal Court to make pub- lic such incidental information, as the relationship between degeneracy and crime and their relationship to heredity, through the reports of its Psychopathic Laboratory. In the performance of this duty the Municipal Court of Chicago has pointed out the need of the permanent segregation of incorrigible defectives, which serves three purposes : First, the pro- tection of society from the individual offender ; second, the protection of the individual from himself, and, third, the restriction of propagation of the defective type due to heredity. The alternative to segregation is to continue to do what we have been doing, that is, incarcerate the offender for a time, more or less brief, and then permit him freedom to repeat his offense, and to propagate his kind.

Segregation is necessary, even though sterilization were invoked. Sterilization protects future generations, while segregation safeguards the present as well. The segregation of incorrigible defectives on farm colonies as a measure of crime prevention is urgently needed in the State of Illinois. However, in a number of states, fifteen up to the present time, experiments have been made with sterilization. The two theories of segregation and sterilization are not antagonistic, but both may be invoked.

With the intention of covering every phase of crime prevention, the Municipal Court of Chicago publishes this work as an important contribu- tion to that cause.

We desire to make acknowledgment to the sculptor, Charles Haag, for the use of his "Fountain of the Ages," to illustrate the significance of heredity and the continuity of the blood stream.

Harry Olson,

Chief Justice.

[vi]

Prefi

ace

This volume is intended primarily for practical use. It is designed to be of particular service to four classes of persons : First, to law-makers who have to decide upon matters of policy to be worked out in legislation regulating eugenical sterilization ; second, to judges of the courts, upon whom, in most of the states having sterilization statutes, devolves the duty of deciding upon the constitutionality of new statutes, and of deter- mining cacogenic individuals and of ordering their sexual sterilization; third, to administrative officers who represent the state in locating, and in eugenically analyzing persons alleged to be cacogenic, and who are re- sponsible for carrying out the orders of the courts ; and fourth, to in- dividual citizens who, in the exercise of their civic rights and duties, desire to take the initiative in reporting for official determination and action, specific cases of obvious family degeneracy.

The work is designed also as an historical record of the several types of activities which characterized the early days of modern eugenical sterilization, and of the later working out, through legislation, litigation, experimental administration and scientific research, of a conservative state policy in reference to eugenical sterilization as an aid in protecting the country's family stocks from deterioration.

The facts here reported have been secured, and the analyses and prin- ciples here given have been worked out during the past ten years. The present study was begun by the author in 1911, as secretary of a committee appointed by the Eugenics Section of the American Breeders' Association "to Study and to Report on the Best Practical Means for Cutting Off the Defective Germ-Plasm in the American Population." Of this committee, Mr. Bleecker Van Wagenen was chairman. He reported a summary of the first year's work to the First International Congress of Eugenics in London in 1912. In February, 1914, under the authorship of the secretary, it issued bulletins 10-a and 10-b of the Eugenics Record Office, entitled respectively, "The Scope of the Committee's Work," and "The Legal, Legislative and Administrative Aspects of Sterilization."

The statistics reported in this work are brought down to January 1, 1921, and the legal records to January 1, 1922. Great care has been taken to insure completeness and accuracy of record and fact throughout the study, and an attempt has been made to cover the whole field of policy, legality and practice.

Thanks are due for hearty co-operation in securing the facts needed for this work, to the superintendents of the custodial institutions in which eugenical sterilizing operations have been performed, to state officials

[vii]

who willingly supplied copies of official records, to judges of the courts of law before whom seven sterilization statutes have been tested, to the attorneys-at-law who have generously given legal advice and opinions, to many physicians who have been consulted in reference to the medical aspect of the problem, to the scientific field investigators of the Eugenics Record Office, to surgeons who have furnished case-records of persons sexually sterilized, and to authors and publishers of the several text-books on anatomy and surgery who have kindly permitted quotations in refer- ence to the technique of given sterilizing operations.

Besides these many persons who have so generously aided the investi- gations, special obligations are due to Dr. Charles B. Davenport, Director of the Eugenics Record Office, for many constructive suggestions and for constant encouragement throughout the investigations, and to Hon. Harry Olson, Chief Justice of the Municipal Court of Chicago, for kindly writing the foreword, for rendering an opinion on the legal aspects of sterilization, which appears as Section 1 of Chapter IX, and for publishing the whole of these studies under the auspices of the Psychopathic Labora- tory of his court.

Harry Hamilton Laughun.

Cold Spring Harbor, Long Island, N. Y., January 1, 1922.

[viii]

Contents

CHAPTER I.

Chronological List of Laws, Amendments, Executive Vetoes, Repeals, Official Legal Opinions, Board Orders and Court Decisions Relating to Eugenical Sterilization

Previous to January 1, 1922.

CHAPTER II. Analysis, by States, of Sterilization Laws Enacted Prior to January 1, 1922.

Page

1. Indiana 6

2. Washington.

a. First Statute 6

b. Second Statute 6

3. California.

a. First statute 6

b. Second statute 7

c. Amendment to second statute 7

d. Sterilization provision in act establishing Pacific Colony 8

4. Connecticut 8

5. Nevada 8

6. Iowa.

a. First statute 8

b. Second statute 9

c. Third statute 9

7. New Jersey 10

8. New York 10

9. North Dakota 10

10. Michigan , ... 11

11. Kansas.

a. First statute '. 11

b. Second statute 12

12. Wisconsin 12

13. Nebraska , 13

1 4. Oregon 13

15. South Dakota 13

CHAPTER III. Texts and Legislative Records of the Eugenical Sterilization Laws.

A. Laws Enacted Prior to January 1, 1922.

1. Indiana 15

2. Washington.

a. First Statute 15

b. Second Statute 15

[ix]

Eugenicae Sterilization in the United States

3. California. Page

a. First statute 17

b. Second statute 18

c. Amendment to second statute 18

d. Sterilization provision in act establishing Pacific Colony 19

4. Connecticut.

a. First statute 19

b. Sterilization provision of first statute extended to Mansfield State Training School and Hospital 20

5. Nevada 20

6. Iowa.

a. First statute 21

b. Second statute 22

c. Third statute 23

7. New Jersey 23

8. New York.

a. Statute 25

b. Repeal 26

9. North Dakota 26

10. Michigan 28

11. Kansas.

a. First statute 29

b. Second statute 30

12. Wisconsin 31

13. Nebraska 32

14. Oregon 33

15. South Dakota 34

B. Eugenical Sterilization Bills Vetoed.

1. Pennsylvania.

A. Veto of 1905.

a. Text of Bill. 35

b. Veto Message 35

B. Veto of 1921.

a. Text of Bill 37

b. Veto Message 38

C. Notes on the Situation in Pennsylvania 39

2. Oregon.

A. Bill vetoed.

a. Text of Bill 40

b. Veto Message 40

B. Law revoked by referendum.

a. Text of law 41

b. Legislative and referendum record 42

3. Vermont.

a. Text of Bill 44

b. Veto Message 45

4. Nebraska.

a. Text of Bill 46

b. Veto Message 47

Eugenicae Sterilization in the; United States xi

5. Idaho. Page

a. Text of Bill 48

b. Veto Message 50

CHAPTER IV.

Statistical and Descriptive Summary of Eugenical Sterilization in the Several States.

I. Institutional Statistics and Official Reports and Opinions.

1. California 52

2. Connecticut 61

3. Indiana 63

4. Iowa 64

5. Kansas 69

6. Michigan 73

7. Nebraska 74

8. Nevada 79

9. New Jersey 80

10. New York 81

11. North Dakota 87

12. Oregon 88

13. South Dakota 90

14. Washington 91

15. Wisconsin 92

11. Summary.

A. Statistical Summary to January 1, 1921.

a. States and institutions 96

b. Total number of eugenical sterilization operations in all fifteen states . . 96

1. By sex 96

2. By radicalness of operation 96

3. By classes 96

4. By states 96

5. By time 96

B. Descriptive Summary 97

CHAPTER V Analysis of the Eugenical Sterilization Laws by Subject.

1. The Motives of the Sterilization Statutes.

A. The motive of heredity 99

B. Therapeutic motive 100

C. Punitive motive 101

2. Executive Agencies 102

3. Provisions for Making Family History Studies 104

4. Biological Criteria for Determining the Applicabilty of the Law to a Particular Individual 104

5. Court Procedure Provided by the Several Sterilization Statutes 107

6. Legal Counsel for the State and for Persons Nominated for the Operation.... 110

7. Is the Consent of the Patient or Guardian a Necessary Pre-requisite to Legal Eugenical Sterilization? 110

8. Type of Operation and Manner of its Performance Ill

9. Bad Biology in the Eugenical Sterilization Statutes 113

xii Eugenical Sterilization in the United States

Page

10. Mandatory and Optional Elements in the Laws 114

11. Sexual Sterilization of Criminals 117

12. Legal Liability of Executive Agents and Surgeons 124

13. Punishment for Dereliction in Executing the Law 125

14. Punishment for the Illegal Use of Sexual Sterilization 125

15. The Legal Aspect of Sexual Sterilization for Therapeutic Purposes 127

16. The Sexual Sterilization of Inmates of Custodial Institutions Prior to

their Release 128

17. Class Legislation 130

18. What Constitutes Due Process of Law in Eugenical Sterilization? 132

19. Records and Reports Required by Law , 137

20. Costs and Appropriations 139

CHAPTER VI.

Analytical Outline of Litigation Growing Out of the Several Eugenical Sterilization Statutes Previous to January 1, 1922.

Introduction 142

1. Washington 142

2. New Jersey 142

3. Iowa 143

4. Michigan 143

5. New York 144

6. Nevada 145

7. Indiana 145

8. Oregon 146

Summary: The Present Legal Status of Eugenical Sterilization 147

CHAPTER VII. Detailed Review of Litigation Growing Out of the Several Eugenical Sterilization

Statutes. PART I— WASHINGTON.

1. Superior Court 149

2. State Supreme Court.

a. Brief of Appellant 149

b. Brief of Respondent 152

c. Decision of Supreme Court 159

PART II— NEW JERSEY.

1. Board of Examiners.

a. Order for Sterilization 164

2. State Supreme Court.

a. Writ of Certiorari 165

b. On Certiorari — Reasons 165

c. Brief of Appellant 166

d. Brief of Defendants 168

e. Brief of Elmore T. Elver, amicus curiae 172

f. Decision of Supreme Court 174

PART III— IOWA. 1. State Board of Parole.

a. Order for Sterilization 179

Eugenicae Sterilization in the: United States xiii

United States District Court. page

a- Temporary Restraining Order 180

b. Bill of Complaint 181

g. Amendment to Bill of Complaint. 183

d. Reports of Attorney-General 184

e. Minutes of Meeting of Board of Parole 185

f. Decision of District Court 186

g. Order for Temporary Injunction 190

United States Supreme Court.

a. Brief of Plaintiffs in Error ' . 191

b. Supplementary Brief 198

c. Decision of Supreme Court of United States 200

PART IV— MICHIGAN.

Probate Court of Lapeer County.

a. Notice by Board of Control to Guardian 203

b. Reply to Notice 204

c. Petition of Superintendent 204

d. Order Denying Petition 205

e. Notice of Appeal 205

Circuit Court of Lapeer County.

a. Order Dismissing Appeal 206

b. Opinion of Circuit Judge 206

State Supreme Court.

a. Petition to Supreme Court 207

b. Order of Supreme Court 208

c Return of Respondent 209

d. Brief of Attorney-General as amicus curiae 209

e. Decision of Supreme Court 213

PART V— NEW YORK

State Board of Examiners.

a. Origin of Test Case 217

Supreme Court, Albany County.

a. Affidavit and Order Appointing Counsel 217

b. Summons and Complaint 219

c. Answer 221

d- Findings of Fact and Conclusions of Law 221

e. Exceptions of Defendant to Conclusions of Law 222

f. Opinion of Rudd, J 222

g. Judgment of Supreme Court 227

h. Notice of Appeal 228

i. Stipulation for Settlement of Case 228

j. Order Settling Case 229

k. Stipulation Waiving Certification 229

Appellate Division, Supreme Court.

a. Brief for Plaintiff-Respondent 229

b. Decision 234

xiv Eugenicae Sterilization in the United States

4. Court of Appeals. Page

a. Brief on Behalf of Defendants 234

b. Case Pending 241

PART VI— NEVADA.

1. District Court of the Fourth Judicial District of the State of Nevada.

a. Sentence 243

2. United States District Court in and for Nevada.

a. Petition of Plaintiff 245

b. Order to Show Cause and Restraining Order 247

c. Answer 248

d. Stipulation 249

e. Plaintiff's Brief 249

f. Decision of United States District Court. 250

PART VII— INDIANA.

1. Circuit Court of Clark County.

a. Petition of Plaintiff 256

b. Consent of Next Friend 257

c. Demurrer Filed by Defendants 257

d. Demurrer overruled and excepted 257

e. Judgment , 257

f . Notice of Appeal 258

g. Praecipe for Transcript 258

2. State Supreme Court.

a. Appellant's Brief 258

b. Appellee's Brief 264

c. Judgment 269

PART VIII— OREGON.

1. State Board of Eugenics.

a. Record of Investigation 271

b. Findings 271

c Order for Sterilization 272

2. Circuit Court for the County of Marion.

a. Demurrer 272

b. Brief of Defendant in Support of Demurrer 273

c. Points and Authorities (By Smith & Shields, and Allan Bynon, amicus curiae, in support of defendant's demurrer) 279

d. Answering Brief of Plaintiff 283

e. Opinion of Percy R. Kelly and Geo. G. Bingham, Judges 287

f. Decision of the Circuit Court 289

CHAPTER VIII.

Case and Family Histories of Individual Subjects of Litigation Growing Out of the

Several Eugenical Sterilization Laws.

Introduction 291

1. Peter Feilen, moral pervert, Washington 292

2. Alice Smith, epileptic and feeble-minded, New Jersey 292

Eugenicae Sterilization in t.he United States xv

Page

3. Rudolph Davis, felon, Iowa 304

4. Nora Reynolds, feeble-minded, Michigan 305

5. Frank Osborn, feeble-minded, New York 305

G. Pearley C. Mickle, moral pervert, Nevada 311

7. Warren Wallace Smith, moral pervert, Indiana 312

8. Jacob Cline, moral pervert, Oregon 318

CHAPTER IX.

Legal Opinion.

1. Opinion by Honorable Harry Olson, Chief Justice, Municipal Court of Chicago. 322

2. Official Opinion of the Attorney-General of California on the Asexualization

Law 324

3. Opinion of the Attorney-General of Connecticut on the Asexualization Act.... 328

4. Additional Opinion by the Attorney-General of Connecticut 333

5. Opinion by Louis Marshall, Esquire 334

6. Brief by Charles A. Boston, Esquire 336

Summary 336

CHAPTER X.

The Right of the State to Limit Human Reproduction in the Interests of Race

Betterment.

Introduction 338

A. Parallel Cases of the Restriction of Personal Liberty in the Interests of the General Welfare.

1. Compulsory Vaccination 339

2. Quarantine 341

B. Legislative and Judicial Activities Regulating or Limiting Human Repro- duction.

1. Limitation of Marriage 342

a. List of legal limiting causes 343

b. The special case of venereal and other transmissible diseases.

bl. Analysis of laws limiting marriage on account of venereal or other

transmissible diseases 343

b2. Constitutionality of the Wisconsin statute requiring certificate of

health for males before marriage license is issued 344

c. Judicial annulment of marriage in the interest of public health

and racial welfare 345

cl. Wisconsin Supreme Court 345

c2. New York Court (New York County) 345

c3. New Jersey Court of Chancery (concealment of insanity) 346

c4. New Jersey Court of Chancery (concealment of venereal disease).

2. Birth Control 346

a. Review of criminal statutes on Birth Control: Judge J. C. Ruppenthal. . . . 347

b. Conclusions 348

3. Control of Immigration 349

4. Institutional Segregation of Social Inadequates 350

a. Quotation from Dr. Henry M. Hurd 350

b. Conclusion 351

xvi Eugenical Sterilization tn the United States

5. Eugenical Sterilization. Page

a. Cases of Eugenical Sterilization in States having neither authorizing

nor restricting statutes 351

al. Case of M H . . . . of Massachusetts 352

a2. Case of "X" of Illinois 354

b. Legal Situation in England 355

bl. Would it be lawful to sterilize? 355

b2. Who should operate? 356

b3. Penalties for wrongfully operating 356

Conclusion 356

C. Possible New Fields for Eugenical Legislative Activity 356

1. Eugenical Education 356

2. Compulsory Reporting of Cases of Cacogenesis 357

3. Registering Trained Eugenical Investigators 358

Summary 359

CHAPTER XL

Eugenical Diagnosis.

A. Guiding Principles for the Determination of Potential Parenthood of Socially Inadequate Offsoring.

I. General Factors of the Task 362

a. Pedigree-facts 362

b. Knowledge of heredity 363

c. Application of pedigree-facts to the rules of heredity 363

II. Notes' on Practical Eugenical Diagnosis 364

1. Divergence between personal qualities and breeding qualities 364

2. The individual of pure stock 364

3. The individual of mixed stock 364

4. Range of individual breeding qualities 365

5. The complexity of hereditary traits or characters 365

6. Specific rules of inheritance.

a. Recessive traits • 365

b. Dominant traits 365

c. Sex-linked traits 365

d. Other types of inheritance 366

7. Hereditary nature of the co-parent 366

8. Eugenical salvage — the separation of good traits from bad in the same individual 367

9. The factor of environment 367

10. Eugenical standards.

a. The biological standard 368

b. The legal standard 368

11. Types of the socially inadequate 369

12. Common sense and pedigree study 369

Summary 370

B. List of Characters in Man Classified According to Their Method of Inherit- ance.

I. Traits which blend in the Fi offspring 372

Eugenicai, Sterilization in the United States xvii

Page II. Traits showing dominance of one condition and recessivencss of the

allelomorph in the first generation and segregation in subsequent genera- tions of offspring 372

III. Sex-linked traits 376

IV. Probably Mendelian, but dominance imperfect or uncertain 377

V. Clearly hereditary, but rule of inheritance uncertain 377

VI. Associated traits 380

C. Tables Showing Types of Matings and Offspring.

Type a. In case the defect is recessive 381

Type b. In case the, defect is dominant 382

Type c. A sex-linked trait 383

Type d. A trait that blends 384

Type e. A composite trait 385

D. References.

1. Research Institutions 392

2. Societies 392

3. Universities and colleges with active departments of genetics 393

4. Custodial institutions for socially inadequate conducting field studies in eugenics 393

5. Courts which have undertaken scientific eugenical studies 394

6. Journals 394

7. Books 394

CHAPTER XII. The Anatomical and Surgical Aspects of Eugenical Sterilization.

Section A. Anatomy, Description of the Human Male and Female Reproduc- tive Mechanisms and an Explanation of their Functions 397

a. Reproductive mechanism of the human male 398

b. Reproductive mechanism of the human female 402

Section B. Surgery. The Principal Types of Surgical Operations Used in Ef- fecting Sexual Sterilization.

1. Male.

(1) Phallo-orchidectomy 407

(2) Phallectomy 407

(3) Castration (Orchidectomy) 409

(4) Spermectomy .. 410

(5) Vasectomy 410

(6) Ligation of the vas deferens 411

(7) X-ray treatment 412

2. Female.

(1) Pan-hystero-kolpectomy 414

(2) Hystero-salpingo-oophorectomy 414

(3) Oophorohysterectomy 414

(4) Hysterectomy 414

(5) Salpingo-oophorectomy 415

(6) Oophorectomy (ovariectomy, ovariotomy, castration, spaying) 415

(7) Curetting or cauterizing the intra-uterine tubal openings 417

(8) Salpingectomy 419

(9) Ligation of Fallopian Tubes 421

(10) X-ray treatment 421

xviii Eugenicae Sterilization in the United States

Summary. Page

a. Types of Eugenical Sterilization Available.

1. For the male 422

2. For the female 422

b. Future Methods 422

c. Weighing the Matter of Type of Eugenical Sterilization in Relation to Eugenical Policy 423

Appendix: Continence and Contraception 423

CHAPTER XIII.

The Physiological and Mental Effects of Sexual Sterilization.

Introduction 425

1. The Normal Course of Sexual Functions 425

2. Functions of the Sex-Glands, Other than Reproduction.

a. Male— Testes 425

b. Female — Ovaries , 428

3. Classification of the Case-Histories 429

a. Type of social inadequacy 430

b. Sex 430

c. Age 430

d. Type of operation 431

4. Testimony on the Effects of Sexual Sterilization.

A. Primary Testimony 431

B. Supplementary Testimony 431

a. A. W. Wilmarth, M. D., Superintendent Wisconsin Home for Feeble- minded 431

b. Havelock Ellis, from his book "The Sexual Impulse" 432

c. Robert Reid Rentoul, M. D., from his book "Race Culture or Race Suicide" 433

d. Martin W. Barr, M. D., in his book "Mental Defectives" 433

e. F. C. Cave, M. D., Journal of Psycho-Asthenics 1911 434

5. Summary:

A. Functions of the Sex-Glands 434

B. Effects of Sexual Sterilization.

I. Anatomical and physiological effects by sex, age and type of operation.

(A) Male.

(a) Vasectomy or its functional equivalent.

(1) Before puberty 434

(2) During adolescent and adult life 435

(3) In old age 435

(b) Castration.

(1) Before puberty 435

(2) During adolescent and adult life 435

(3) In old age 435

(B) Female.

(a) Salpingectomy or its functional equivalent.

(1) Before puberty 435

(2) During reproductive period 435

(3) After the climacteric 435

Eugenical Sterilization in the United States xix

(b) Oophorectomy. Page

(1) Before puberty 435

(2) During reproductive period . 435

(3) After the climacteric 435

II. General Summary of Evidence on the Mental and Temperamental

Effects of Sexual Sterilization 436

III. Summary of Evidence on Sexual Sterilization as a Therapeutic Agent... 436

CHAPTER XIV.

The Legal, Biological and Practical Requirements for an Effective Eugenical

Sterilization Law.

Introduction 438

A. Commonly Stated Objections to the Existing Sterilization Laws.

1. In advance of public opinion 438

2. Violation of the Bill of Rights 438

3. Ill-adapted to their implied purposes 439

4. Inadequate executive machinery «. 439

5. Lack of cooperation among sociologists 439

6. Encourages immorality 439

B. Requirements for an Effective Eugenical Sterilization Law.

a. Legal requirements.

1. Class legislation 440

2. Due process of law 441

3. Cruel and unusual punishment 442

4. Bill of attainder , 442

5. Twice in jeopardy of life and limb 442

6. Ex post facto 442

b. Biological and eugenical requirements.

1. Standard for legal parenthood 443

2. The line of demarcation between eugenic and cacogenic 443

3. Insurance against reproduction by cacogenic persons 443

4. Development of eugenic standards 443

5. Suspension of order for eugenical sterilization 443

6. Adequate evidence of cacogenesis 443

c. Practical requirements.

1. Well-trained executive 443

2. Due provision for prompt court procedure 443

3. Ample funds for enforcement 444

4. Due provision for modern surgical work 444

Conclusion 444

CHAPTER XV. Model Eugenical Sterilization Law.

A. Principles Suggested for a Standard State Law 446

B. Full Text for a Model State Law.

Section 1. Short title 446

Section 2. Definitions.

a. Socially inadequate person 446

b. Socially inadequate classes 446

xx Eugenicae Sterilization in the United States

Page

c. Heredity 447

d. Potential parent 447

e. To procreate 447

f. Potential parent of socially inadequate offspring 447

g. Cacogenic person 447

h. Custodial institution 447

i. Inmate 447

j. Eugenical sterilization 447

Section 3. Office of State Eugenicist .' 447

Section 4. Qualifications of State Eugenicist 447

Section 5. Term of office, appointment and responsibility 447

Section 6. Seal 447

Section 7. Duties of State Eugenicist.

a. Field surveys 448

b. Further examinations .» 448

c. Roster custodial institutions 448

d. Case-histories - 448

e. Records, State Eugenicist's Office 448

f. Other duties 448

Section 8. Cooperation by custodial institutions 448

Section 9. Power to administer oaths and make arrests 448

Section 10. Opinion of State Eugenicist 448

Section 11. Appointment of date for hearing 449

Section 12. Notification of parties concerned 449

Section 13. State's legal counsel 449

Section 14. Determination by jury 449

Section 15. Judgment 449

Section 16. Appeals 450

Section 17. Type of eugenical sterilization 450

Section 18. Manner of consummation 450

Section 19. Liability 450

Section 20. Illegal destruction of reproductive functions 450

Section 21. Punishment of responsible head of institution for dereliction 450

Section 22. Supremacy of this act 451

Section 23. When effective 451

C. The Federal Government and Eugenical Sterilization.

a. Principles suggested for a Federal Statute 451

b. Comment 451

CHAPTER XVI. Explanatory Comments on the Model Sterilization Law.

Introduction , 454

Preface 454

Section 1. Short title 454

Section 2. Definitions.

a. Socially inadequate person 455

b. Socially inadequate classes 455

c. Heredity 455

d. Potential parent 455

Eugenical Sterilization in the United States xxi

Page

e. To procreate 455

f. Potential parent of socially inadequate offspring 455

g. A cacogenic person 456

h. Custodial institution 456

i. Inmate 456

j. Eugenical sterilization 456

Section 3. Office of State Eugenicist 456

Section 4. Qualifications of State Eugenicist 457

Section 5. Term of office, appointment and responsibility 457

Section 6. Seal , 457

Section 7, Duties of State Eugenicist 457

Section 8. Cooperation by custodial institutions 458

Section 9. Power to administer oaths and to make arrests 458

Section 10. Opinion of State Eugenicist 458

Section 11. Appointment of date for hearing 458

Section 12. Notification of parties concerned 458

Section 13. The State's legal counsel 459

Section 14. Determination by jury 459

Section 15. Judgment 459

Section 16. Appeals 459

Section 17. Type of eugenical sterilization 459

Section 18. Manner of consummation 459

Section 19. Liability 460

Section 20. Illegal destruction of reproductive functions 460

Section 21. Punishment of responsible head of institution for dereliction 460

Section 22. Supremacy of this act 460

Section 23. When effective 460

Appendix: Appropriations 460

CHAPTER XVII.

Set of Forms Suggested for the Use of the State Eugenicist, the Courts, Private Citizens, and Custodial Institutions in Administering the Model Eugenical

Sterilization Law.

Model Forms.

1. Case Record by State Eugenicist 464

a. Historical record 466

b. Record of investigation by State Eugenicist 467

c. Report to State Eugenicist 467

2. Information or complaint by private citizen to State Eugenicist 467

3. Institutional record of individual inmate prepared for State Eugenicist 468

4. Report of State Eugenicist (a. opinion, b. evidence, and c. petition) 469

5. Action begun by private citizen 470

a. Individual petition to court 470

b. Order of court denying private petition 471

c. Order of court to State Eugenicist to investigate a particular case 471

6. Hearing 472

a. Proclamation appointing time and place for hearing 472

b. Summons of propositus 472

1. Summons to propositus in case such propositus is not an inmate of a

custodial institution and is personally capable of understanding the nature of a summons 472

xxii Eugenical Sterilization in the United States

Page

2. Order to guardian or custodian of propositus in case such propositus is an inmate of a custodial institution or lives under guardianship in

the population at large 473

3. Order for arrest and presentation to court of the person of the pro- positus in case such propositus is neither an inmate of a custodial institution, nor living under guardianship in the population at large

nor is capable of understanding the nature of a summons 474

c. Notification to Attorney-General 474

d. Instruction of Attorney-General to County Attorney , 475

e. Appointment of legal counsel for the propositus 475

f. Notification of State Eugenicist 476

g. Subpoena for witnesses 476

h. Summons for jury 476

7. Judgment and order.

a. Verdict of jury 477

b. Judgment of the court 477

c. Order to State Eugenicist for the eugenical sterilization of a cacogenic person in the population at large 478

d. Order to State Eugenicist for the eugenical sterilization of a cacogenic person who is an inmate of a custodial institution 479

e. Order to responsible head of custodial institution 480

f. Order to State Eugenicist for the temporary suspension of an order

for eugenical sterilization 481

g. Order to a cacogenic person whose eugenical sterilization has been temporarily suspended, to report periodically to the State Eupenicist. . . . 482

h. Order to State Eugenicist for the eugenical sterilization of a cacogenic person, the original order for whose sterilization has been temporarily suspended 483

8. Execution of Order.

a. Contract with surgeon or physician to eugenically sterilize.

1. A cacogenic person in the population at large 484

2. A cacogenic person who is an inmate of a custodial institution 485

b. Report of surgeon or physician to State Eugenicist 486

c. Return of State Eugenicist to court in case of the eugenical sterilization

of a cacogenic person in the population at large 487

d. Return of State Eugenicist to court in case of the eugenical sterilization

of a cacogenic person who is an inmate of a custodial institution 488

e. Semiannual return of State Eugenicist to the court in case an original order for eugenical sterilization has been temporarily suspended 489

9. Institutional data kept by State Eugenicist.

a. Roster of custodial institutions 490

b. Monthly institutional report to State Eugenicist of accessions and losses 492

10. Record of an individual case of sterilization.

a. Case record of eugenical sterilization 493

11. Appropriations.

a. Working draft of appropriations section to be inserted in the proper place in the state's appropriation bills, according to the legislative practice of the particular state , 494

List of Illustrations

Page

Figure 1. Schematic Representation of Genital Tract in the Male 398

Figure 2. The Testis and its Coverings 399

Figure 3. The Structure of the Spermatic Cord 400

Figure 4. A Sectional View of the Testis 401

Figure 5. The Development of a Human Spermatozoon 402

Figure 6. Schematic Representation of the Genital Tract in the Female 403

Figure 7. The Ovary, Fallopian Tube and Uterus in Place 403

Figure 8. A Diagrammatic Section of the Human Ovary 404

Figure 9. A Mature Human Ovum 405

Figure 10. The Operation of Castration 409

Figure 11. The Operation of Vasectomy 410

Figure 12. The Abdominal Incision used in Salpingectomy and Oophorectomy 415

Figure 13. The Operation of Oophorectomy (Kelly-Noble).. 416

Figure 14. The Operation of Salpingectomy (Warbasse) 419

Figure 15. The Operation of Salpingectomy (Margaret H. Smyth) 420

Pedigree Charts — Chapter 8

Pedigree Chart of Alice Smith 304A

Pedigree Chart of Warren Wallace Smith 320A

Pedigree Chart of the H . . . . Family of Massachusetts 353

XXlll

CHAPTER I.

CHRONOLOGICAL LIST

OF LAWS, AMENDMENTS, EXECUTIVE VETOES, REPEALS, OFFICIAL

LEGAL OPINIONS, BOARD ORDERS, AND COURT DECISIONS

RELATING TO EUGENICAL STERILIZATION PREVIOUS

TO JANUARY 1, 1922.

J

Date.	State and Action.	Specific Nature of Official Action.
1.	March 30, 1905...	Pennsylvania. Veto. . . .	Bill vetoed. (See p. 35.)
2.	March 9, 1907		Chapter 215. (See p. 15.)
3.	February 22, 1909.		Bill vetoed. (See p. 40.)
4.	March 22, 1909...	Washington. Statute...	Chapter 249, Sec. 35 Criminal Code. (See P. 15.)
5.	April 26, 1909	California. Statute ....	Chapter 720. (See p. 17.)
6.	August 12, 1909. . .	Connecticut. Statute . .	Chapter 209. (See p. 19.)
7.	March, 2, 1910....	California. Opinion . . .	Attorney General of the State rendered an opinion defending the constitutional- ity of the Act of April 26, 1909. (See p. 322.)
8.	March 17, 1911...	Nevada. Statute	Section 28 Crimes and Punishments Act. (See p. 21.)
9.	April 10, 1911		Chapter 129. (See p. 21.)
10.	April 21, 1911	New Jersey. Statute..	Chapter 190. (See p. 23.)
11.	September 30, 1911	Washington. Order . . .	Superior Court of King County, as an additional punishment, ordered sterili- zation by vasectomy of Peter Feilen. (See p. 149.)
12.	April 16, 1912	New York. Statute . . .	Chapter 445. (See p. 25.)
13.	May 31, 1912 , .	New Jersey. Order....	Board of Examiners ordered the steriliza- tion by salpingectomy of Alice Smith, an inmate of the State Village for Epi- leptics at Skillman. (See p. 164.)
14.	September 3, 1912	Washington. Court De-
			Supreme Court of State held the Act of March 22, 1909, constitutional. (See P. 159.)
15.	December 9, 1912.	Connecticut. Opinion..	Attorney General of the State rendered an opinion upholding the constitutional- ity of the Act of August 12, 1909. (See p. 326.)
16.	January 31, 1913..	Vermont. Veto	Bill vetoed. (See p 44.)
17.	February 18, 1913.	Oregon. Statute	Chapter 63. To become effective June 3. 1913. (See p. 42.)
18.	March 13, 1913...	North Dakota. Statute.	Chapter 56. (See p. 26.)
19.	March 14, 1913...		Chapter 305. (See p 29.)
20.	April 1, 1913	Michigan. Statute ....	Act No. 34. To become effective August 14, 1913. (See p. 28.)
21.	April 14, 1913	Nebraska. Veto	Bill vetoed. (See p. 46.)
22.	April 19, 1913	Iowa. Statute	Chapter 187, Second Statute, also repeals Act of April 10, 1911. (See p. 22.)

List of Laws, etc., Relating to Eugenical Sterilization

Date.

State and Action.

Specific Nature of Official Action.

23. May 31, 1913.

24. June 13, 1913.

26.

32. 33.

July 30, 1913

November 4, 1913.

27. November 18, 1913

28. March 5, 1914. . .

29. June 24, 1914.

30. June 1, 1915.

31. July 4, 1915.

July 8, 1915

August 14, 1915.

Oregon. Referendum

California. Statute ....

Wisconsin. Statute .... Oregon. Revocation . .

New Jersey. Court De- cision

Iowa. Order

Iowa. Court Decision.

New York. Initiating Test Case

34. September 17, 1915

Iowa. Statute . . .

Nebraska. Statute Nevada. Order . .

New York. Court De- cision

Referendum for repeal of Law of Febru- ary 19, 1913, duly invoked. Law held in abeyance until decision. (See p. 41.)

Chapter 363, Second Statute, also repeals Act of April 26, 1909. (See p. 18.)

Chapter 693. (See p. 31.)

Referendum duly revoked Act of Febru- ary 18, 1913. (See p. 42.)

Supreme Court of the State set aside the order of the Board of Examiners of May 31, 1912, for the sterilization by salpingectomy of Alice Smith, an in- mate of the State Village for Epileptics, and held the Act of April 21, 1911, "un- constitutional." (See p. 174.)

State Board of Parole ordered steriliza- tion by vasectomy of Rudolph Davis, No. 10,406, an inmate of penitentiary at Fort Madison, twice convicted of felony. (See p. 179.)

U. S. District Court, District of Southern Iowa, Eastern Division, held the Act of April 19, 1913, "unconstitutional." (See p. 186.)

Dr. Lemon Thompson of the Board of Examiners made application to the Supreme Court — -Albany County, for the appointment of legal counsel to defend Frank Osborn, an inmate of the State Custodial Asylum, in a test case. (See p. 217.)

Chapter 202, Third Statute, also repeals Act of April 19, 1913. (See p. 23.)

Chapter 237. (See p. 32.)

Fourth Judicial Court of Nevada (County of Elko) ordered as an additional punishment the sterilization by vasecto- my of Pearley C. Mickle. (See p. 243.)

State Supreme Court — Albany County, held the statute "unconstitutional and invalid" and issued an order in which the Board of Examiners was "perpetu- ally enjoined and restrained from per- forming or permitting to be performed the aforesaid threatened operation." (See p. 221.)

List of Laws, etc., Relating to Eugenical Sterilization

Date.

State and Action.

Specific Nature of Official Action.

35. May 4, 1916.

Michigan. Court De- cision

36. May 21, 1917

37. May 26, 1917

38. July 1, 1917

*39. July 26, 1917

40. July 31, 1917

41. September 10, 1917

42. January 15, 1917.

Oregon. Statute

Kansas. Statute

South Dakota. Statute. California. Statute

California. Statute

Michigan. Court De- cision

Iowa. Court Decision.

43. March 8, 1918.

New York. Court De- . cision

44. March 28, 1918.

Michigan. Court De- cision

45. May 25, 191!

Nevada. Court Decision

Probate Court of Lapeer County denied the petition of the Michigan Home and Training School at Lapeer to order the sterilization of Nora Reynolds, an in- mate of said institution, on the ground that the Act of April 1, 1913, is un- constitutional. (See p. 203.)

Chapter 279. (See p. 33.)

Chapter 299. (See p. 30.)

Chapter 236 (S. B. 257.) (See p. 34.)

Chapter 489, Amends the Act of June 13, 1913. (See p. 18.)

Section 42, Chapter 776. (See p. 19.) Ex- tended provisions of Sterilization Law to the Pacific Colony.

Order of Circuit Court of Lapeer County sustaining decision of Probate Court of same" County that the Act of April 1, 1913, is "unconstitutional." (See p. 206.)

The U. S. Supreme Court reversed the decision of June 24, 1914, of the District Court because meanwhile (July 4, 1915) Iowa repealed the Act of April 19, 1913, and enacted a new (the third) steriliza- tion statute. Case not tried on its merits. (See p. 200.)

At a Special Term, the Supreme Court of Albany County sustained the findings of September 17, 1915, of the same court, perpetually enjoining the Board of Examiners from sterilizing by vasec- tomy Frank Osborn, an inmate of the Rome Custodial Asylum, and holding the Act of April 16, 1912 "unconstitu- tional and invalid." (See p. 221.)

State Supreme Court sustained decision of Probate Court of Lapeer County of May 4, 1916, and of Circuit Court of the same county of September 10, 1917, that the Act of April 1, 1913, is uncon- stitutional. (See p. 213.)

The U. S. District Court in and for the District of Nevada held the Nevada Act of March 17, 1911 "unconstitu- tional." (See p. 245.)

List of Laws, etc., Relating to Eugenical Sterilization

Date.	State and Action.	Specific Nature of Official Action.
46.	July 1, 1918	New York. Court De-
		cision	Supreme Court, Appellate Division, Third Department. "Judgment unanimously
			affirmed on the opinion of Rudd, J., at
			Special Term." (See p. 234.)
47.	March 18, 1919...	Idaho. Veto	Bill vetoed. (See p. 50.)
48.	April 2, 1919	Connecticut. Statute . .	Chapter 69 Public Acts of 1919 (see p. 19). Extended the provisions of the Sterilization Law to the Mansfield State Training School and Hospital. (See p. 20.)
49.	December 4, 1919.	Indiana. Court Decision	Circuit Court of Clark County held "Vasectomy Law" (Chap. 215, 1907) unconstitutional. Judge James W. For- tune. (See p. 257.)
50.	May 10, 1920	New York. Statute Re-
			L. 1920. Chap. 619. (See p. 26.)
51.	May 11, 1921	Indiana. Court Decision	State Supreme Court (No. 23,709, Appeal from Clark County Circuit Court). Sustained the decision of the Trial Court holding the "Vasectomy Law" (Chap. 215, 1907) unconstitutional. (See p. 258.)
52.	May 25, 1921	Pennsylvania. Veto . . .	Bill vetoed. (See p. 38.)
53.	January 27, 1921..		Oregon State Board of Eugenics ordered the sterilization of Jacob Cline, an in- mate of the Oregon State Penitentiary. (See p. 272.)
54.	March 8, 1921	Washington. Statute . .	Chapter 53 of the Session Laws of 1921, H. B. 190. (See p. 15.)
55.	December 13, 1921	Oregon. Court Decision	Circuit Court of the State of Oregon for the County of Marion held the statute of February 19, 1917, unconstitutional. (See p. 289.)

CHAPTER II.

ANALYSIS, BY STATES, OF STERILIZATION LAWS ENACTED PRIOR TO JANUARY 1, 1922

1. Indiana 6

2. Washington:

a. First Statute 6

b. Second Statute 6

3. California:

a. First Statute 6

b. Second Statute 7

• c. Amendment to Second Statute 7

d. Sterilization Provision in Act establishing Pacific Colony 8

4. Connecticut 8

5. Nevada 8

6. Iowa:

a. First Statute 8

b. Second Statute 9

c. Third Statute 9

7. New Jersey 10

8- New York 10

9. North Dakota 10

1 0. Michigan 11

11. Kansas:

a. First Statute 11

b. Second Statute 12

12. Wisconsin 12

13. Nebraska 13

14. Oregon 13

15. South Dakota 13

Analysis, by States, of Sterilization Laws

1. INDIANA.

Date of Approval of Statute. March 9, 1907.

Reference in State Laws. Chapter 215, Laws of 1907.

Persons Subject. Inmates of all State in- stitutions who are deemed by a commis- sion of three surgeons to be unimprovable, physically and mentally, and unfit for procre- ation.

Executive Agents Provided. For each subject institution a Committee of Experts, consisting of two skilled surgeons of recog- nized ability, who shall act in conjunction with the regular institution physician and Board of Managers for the particular insti- tution.

Basis of Selection: Procedure. Inadvis- ability of procreation and improbability of improvement of mental and physical condi- tion, in judgment of Committee of Experts and Board of Managers of the institution.

Type of Operation Authorized. "Such operation for the prevention of procreation as shall be decided safest and most effective."

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act. <fIn no case shall the consultation fee be more than $3.00 to each expert to be paid out of the funds appropriated for the maintenance of the institution."

Present Legal • Status, January 1, 1922. After having been a dead letter since the inauguration of Governor Thomas R. Mar- shall in 1909, this law was tested by the courts and declared unconstitutional May 11, 1921, by decision of the State Supreme Court.

2. WASHINGTON.

(a.) First Statute.

Date of Approval of Statute. March 22, 1909.

Reference in State Laws. Chapter 249, Section 35, Criminal Code Statutes of 1909.

Persons Subject. Habitual criminals and persons adjudged guilty of carnal abuse of female persons under ten years of age, or of rape.

Executive Agencies Provided. The Court passing sentence for offense may in addition direct operation to be performed.

Basis of Selection: Procedure. Charac- ter of subject and his previous unsocial acts.

Type of Operation Authorized. "An op- eration for the prevention of procreation."

State's Motive. Purely punitive.

Appropriations Available for Enforcing the Act. No provision made for special ap- propriation.

Present Legal Status, January 1, 1922. Constitutional by decree of State Supreme Court September 3, 1912. (b.) Second Statute.

Date of Approval of Statute. March 8, 1921.

Reference in State Laws. Chapter 53, of the Session Laws of 1921.

Persons Subject. Feeble-minded, insane, epileptic, habitual criminals, moral degen- erates and' sexual perverts (in institutions) showing hereditary degeneracy.

Executive Agents Provided. The institu- tional Board of Health.

Basis of Selection. Inadvisability of pro- creation and improbability of improvement in condition of the subject, in the judgment of said Board, after due consideration.

Basis of Procedure. Order of Board served on inmate or legal guardian. Inmate or guardian may make appeal within fifteen days to Superior Court of county in which institution is located. No operation shall be performed until expiration of time for appeal or, if appealed, until decision of court or jury.

Type of Operation Authorized. "Such surgical operation for sexual sterilization as may be specified in the order of the Institu- tional Board of Health" and "to be per- formed with due regard for the physical condition of the inmate and in a safe and humane manner."

State's Motive. Primarily eugenic and secondarily for the personal benefit of the inmate.

Appropriations Available for Enforcing the Act. "The State shall be liable only for the actual traveling expenses of the members of the Board incurred in the performance of their duties," such expenses to be paid "from the moneys appropriated for the maintenance of the institution."

Present Legal Status. January 1st, 1922. Not tested by courts.

3. CALIFORNIA. (a.) First Statute.

Date of Approval of Statute. April 26, 1909.

Analysis, by States, of Sterilization Laws

Reference in State Laws. Chapter 270, Sta- tutes of 1909.

Persons Subject. Inmates of State hospi- tals and home for feeble-minded, and in- mates of State prisons committed for life, or showing sex or moral perversions, or twice committed for sexual offenses, or three times for other crimes.

Executive Agencies Provided. Board con- sisting . of superintendent or resident phy- sician of each subject institution in consulta- tion with the general superintendent of State hospitals and the secretary State Board of Health.

Basis of Selection: Procedure. Decision by entire board or any two of them that asexualization will be beneficial, or conducive to the benefit of the physical, mental or moral condition "of the inmate.

Type of Operation Authorized. "Asex- ualization."

State's Motive. Mainly eugenic, also for the physical, mental or moral benefit of in- mate, also partly punitive in certain cases.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Legal Status, January 1, 1922. Constitu- tional by decree of State Supreme Court, September 3, 1912, (b.) Second Statute.

Date of Approval. June 13, 1919. (Re- peals first statute, April 26, 1909.)

Reference in State Laws. Chapter 363, Statutes of 1913.

Persons Subject. Inmates of State hospi- tals and home for feeble-minded and recidi- visms of all prisons of the State. Act does not apply to voluntary patients in State hospitals.

Executive Agencies Provided, (a) State Commission in Lunacy, for the insane, (b) Resident Physician of the particular State prison, the general superintendent of State hospitals and secretary State Board of Health, for recidivists, (c) Medical Super- intendent of any State hospital, for "idiots and fools."

Basis of Selection: Procedure. Discre- tion of the commission before the release of persons "affected with hereditary insanity or incurable chronic mania or dementia." Dis- cretion of resident physician of any State prison in consultation with the general super- intendent of State hospitals and secretary of the State Board of Health in cases of recidivists; provided asexualization would

benefit 'such recidivist, and that such recidi- vist has been twice convicted for sexual offenses, or three times for any other crime in any State or country. Discretion of the medical superintendent of any hospital may asexualize any minor, "idiot or fool" under his care, with the written consent of the parent, or guardian if such "idiot or fool" be an adult, and said medical superintendent shall perform such operation at the request of such parents or guardians.

Type of Operation Authorized. "Asexuali- zation."

State's Motive. Mainly eugenic, also in some cases therapeutic and punitive.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922. Not tested by courts.

(c.) Amendment to Act of June 13, 1913.

Date of Approval of Statute, May 17, 1917.

Reference in State Laws. Chapter 489, Laws of 1917.

Persons Subject. Any person who has been lawfully committed to any State hospi- tal for the insane, or who has been an inmate of Sonoma State Home, and who is afflicted with mental disease which may have been inherited and is* likely to be transmitted to descendants, the various grades of feeble- mindedness, those suffering from perversion or marked departures from normal mental- ity, or from diseases of a syphilitic nature.

Executive Agencies Provided.' State Com- mission in Lunacy, for the insane, Resident Physician of the respective State prisons, the general superintendent of State hospitals and secretary State Board of Health for recidivists. Medical superintendent of any State hospital for "idiots or fools."

Basis of Selection: Procedure. Discre- tion of Commission before release of a person afflicted with mental disease which may have been inherited and is likely to be transmitted to descendants, the various grades of feeble-mindedness, those suffering from perversion or marked departures from normal mentality or from diseases of a syphilitic nature.

Type of Operation Authorized. "Asex- ualization."

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922. Not tested by courts.

Analysis, by States, of Sterilization Laws

(d.) Sterilization Provision in Act estab- lishing Pacific Colony.

Date ojt Approval of Statute. June 1, 1917.

Reference in State Laws. Section 42, Chapter 776, Laws of 1917.

Persons Subject. Any inmate of Pacific Colony and who is feeble-minded or is afflicted with incurable chronic mania or de- mentia.

Executive Agencies Provided. Board of Trustees, on the recommendation of the superintendent approved by a clinical psy- chologist holding degree of Ph.D., and a physician qualified to serve under Section 19 of this Act.

Basis of Selection: Procedure. Discre- tion of Commission before release of a person who is feeble-minded or is afflicted with incurable chronic mania or dementia.

Type of Operation Authorized. "Sterili- zation."

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922. Not tested by courts.

4. CONNECTICUT.

Date of Approval of Statute. August 12, 1909.

Reference in State Laws. Chapter 209, Public Acts of 1909.

Persons Subject. Inmates of State prisons and of State hospitals at Middletown and Norwich.

Executive Agencies Provided. Board of three surgeons, consisting of the resident physician and two others appointed by the superintendent of the particular institution, one member of said board appointed to per- form operation.

Basis of Selection: Procedure. Decision by majority of Board, after examining the mental and physical condition of the subject, his record and family history, of the improb- ability of improvement of the physical and mental condition and the consequent inadvis- ability of procreation, or of the probability of substantial improvement of the mental and physical condition of subject thereby.

Type of Operation Authorized. ."Vasect- omy or Oophorectomy in a safe and humane manner." For operations, except as author- ized by law, a fine of not more than $1,000

or 5 years' imprisonment, or both, is pro- vided.

State's Motive. Mainly eugenic, also therapeutic.

Appropriations Available for Enforcing the Act. Board making such examination and surgeon performing such operation shall receive from the State such compensation for services rendered as warden of State prison or superintendent of either such hospital shall deem reasonable.

Present Legal Status, January 1, 1922. Constitutional according to the opinion of the Attorney General of the State, December 9, 1912. Not tested by courts.

5. NEVADA.

Date of Approval of Statute. March 17, 1911.

Reference in State Laws. Section 28, Crimes and Punishment Act.

Persons Subject. Habitual criminals, and persons adjudged guilty of carnal abuse of female persons under ten years of age.

Executive Agencies Provided. The Court passing sentence for offense may in addition direct the operation to be performed.

Basis of Selection: Procedure. Character of subject and his previous unsocial acts.

Type of Operation Authorized. "An operation for the prevention of procreation, except castration."

State's Motive. Purely punitive.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status,. January 1, 1922. Unconstitutional by decision of Federal Dis- trict Court, May 25, 1918.

6. IOWA.

(a.) First Statute.

Date of Approval. April 10, 1911.

Reference in State Laws. Chapter 129, Acts of 34th General Assembly, 1911.

Persons Subject. Inmates of public insti- tutions for criminals, idiots, feeble-minded, imbeciles, drunkards, drug fiends, epileptics, syphilitics, etc.

Executive Agencies Provided. Board con- sisting of the managing officer and surgical superintendent of each institution with mem- bers of State Board of Parole; the operation being performed by the surgeon of the insti- tution.

Analysis, by States, of Sterilization Laws

9

Basis of Selection: Procedure. Decision by a majority of board, after examining mental and physical condition of subject, of the improbability of mental or physical im- provement, and the consequent inadvisability of procreation, or of the probable substantial improvement thereby, or continual evidence on part of subject of being a moral or sexual pervert.

Type of Operation Authorized. Vasec- tomy or salpingectomy. For operations, except as authorized by this Act, punishable by fine of "not more than $1,000, or impris- onment in the penitentiary, not to exceed one year, or both."

State's Motive. Mainly eugenic, also punitive in cases of certain felons and sex offenders, also therapeutic.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922. Repealed April 19, 1913.

(b) Second Statute.

Date of Approval. April 19, 1913. (Re- peals first statute, April 10, 1911.)

Reference in State Laws. Chapter 187, Acts of 35th General Assembly, 1913.

Persons Subject. Inmates of public insti- tutions for criminals, rapists, idiots, feeble- minded, imbeciles, lunatics, drunkards, drug fiends, epileptics, syphilitics, moral and sexual perverts, and diseased and degenerate persons. Compulsory in cases of persons twice convicted of felony, or of sexual offense other than "white slavery," for which offense one conviction makes sterilization mandatory.

Executive Agencies Provided. State Board of Parole with the managing officer and physician of each institution for their respective institutions. Upon application to the Board of Parole or to any judge of the district court, by persons afflicted with syphilis or epilepsy, said board or court may authorize vasectomy or salpingectomy as the case may be. Upon submitting to such operation by one of the contracting parties and making said fact known to the second party, the law restricting marriage of such persons shall be void. Board "directed to examine annually or oftener" the mental and physical condition and family history of inmates of institutions with the view of de- termining the prospects of procreation by such individuals, and to report annually to the governor the proceeding "and also

observation and statistics regarding its benefit."

Basis of Selection: Procedure. Decision by a majority of special board (Board of Parole, managing officer and physician of institution) that procreation by inmate would produce children with a tendency to disease, degeneracy, deformity or that physical or mental condition of inmate would be im- proved thereby, or that inmate is a sexual or moral pervert, operation to be performed by the physician of the institution, or by one selected by him.

Type of Operation Authorized. Vasec- tomy or salpingectomy. For operations, ex- cept as authorized by this Act, punishable by fine of "not more than $1,000, or impris- onment in the penitentiary, not to exceed one year, or both."

State's Motive. Mainly eugenic, also punitive in cases of certain felons and sex- offenders, also therapeutic.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922. Repealed April 16, 1915, after having been decided unconstitutional by Federal District Court, June 24, 1914.

(c) Third Statute.

Date of Approval. April 16, 1915. (Re- peals second statute April 19, 1913.)

Reference in State Laws. Chapter 202, Acts of 36th General Assembly, 1915.

Persons Subject. Institutional inmates afflicted with insanity, idiocy, imbecility, feeble-mindedness, or syphilis.

Executive Agencies Provided. The super- intendent of any hospital for the insane and a majority of his medical staff, with the approval of the Board of Control or a ma- jority of the members thereof.

Basis of Selection: Procedure. Decision of superintendent and his medical staff that it is for the best interests of the patient and society, with written consent of husband or wife, parent, guardian or next of kin.

Type of Operation Authorized. Vasec- tomy or salpingectomy. Operations ex- cept as authorized by this Act,' punishable by a fine of "not more than $1,000 or impris- onment in penitentiary, not to exceed one year, or both."

State's Motive. Mainly eugenic, or puni- tive in cases of certain felons and sex offenders, also therapeutic.

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Analysis, by States, of Sterilization Laws

Appropriations Available for Enforcing this Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922.

Not tested by courts.

7. NEW JERSEY.

Date of Approval. April 21, 1911.

Reference in State Laws. Chapter 190, Statutes of 1911.

Persons Subject. Inmates of State re- formatories, charitable and penal institutions (rapists and confirmed criminals.)

Executive Agencies Provided. Board of Examiners, consisting of one surgeon, one neurologist, each of recognized ability, ap- pointed by the governor by and with the advice of the Senate, acting in conjunction with the Commissioner of Charities and Cor- rections; any person qualified under the laws of the State under direction of chief physician of institution being allowed to perform oper- ation, orders subject to review by Supreme Court, or any justice thereof.

Basis of Selection: Procedure. Unani- mous decision of board in conjunction with chief physician of the institution, after examining the mental and physical condition of subject, of the improbability of improve- ment of his condition and the consequent inadvisability of procreation.

Type of Operation Authorized. "Such operation for the prevention of procreation as shall be decided by said Board of Examin- ers to be most effective."

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act. There shall be paid out of the funds appropriated for maintenance of such institutions to each physician of said board of examiners, a compensation of not more than $10.00 per diem, for each day actually given to such work or examination, and his actual and necessary expenses in going to, holding and returning from such examina- tion." The judge of Court of Common Pleas appointing any counsel under this Act may fix compensation to be paid him, and it shall be paid, as other court expenses are now paid.

Present Legal Status, January 1, 1922. Declared unconstitutional by State Supreme Court, November 18, 1913.

8. NEW YORK.

Date of Approval. April 16, 1912.

Reference in State Laws. Chapter 445, Laws of 1912.

Persons Subject. Inmates of State hos- pitals for the insane, State prisons, reforma- tories, and charitable institutions, and rapists, and confirmed criminals in penal institutions.

Executive Agencies Provided. Board of Examiners, consisting of one surgeon, one neurologist, one practitioner of medicine appointed by governor for five years, one of its members being appointed by the Board to perform operation. All orders shall be subject to review by Supreme Court or any justice thereof.

Basis of Selection: Procedure. Decision by majority of board, after examining mental and physical condition of subject, his record and family history, of the improbabil- ity of improvement of his condition and the consequent inadvisability of procreation or of the probability of substantial improvement of subject's condition thereby.

Type of Operation Authorized. Any operation for the prevention of procreation. Type determined by the Board of Examin- ers. Except for medical necessity, unauthor- ized operation constitutes a misdemeanor.

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act. "The compensation shall be $10.00 per diem for each day actually engaged in performance of duties of the board, and their actual and necessary traveling expenses." Judge of court appointing counsel under this Act may fix compensation to be paid him. $5,000 appropriated for 1913-14.

Present Legal Status, January 1, 1922. Declared unconstitutional by the Supreme Court of Albany County, March 5, 1918, and by Appellate Division July 1, 1918. Appeal pending before the Court of Appeals when the statute was repealed by the State Legis- lature, May 10, 1920. (L. 1920. Chap. 619.)

9. NORTH DAKOTA.

Date of Approval. March 13, 1913.

Reference in State Laws. Chapter 56, Laws of 1912.

Persons Subject. Inmates of State

prisons, reform school, school for feeble- minded, and asylum or hospital for insane.

Executive Agencies Provided. Board, consisting of chief medical officer of the

Analysis, by States, of Sterilization Laws

11

particular subject institution, secretary of State Board of Health and one competent physician and surgeon of good standing and experience, who shall be appointed by State Board of Control; the latter designating some skilled surgeon, who may or may not be one of their own number, to perform the operation.

Basis for .Selection: Procedure. Decision of the board or even by the chief medical officer of the institution, after examining mental and physical condition of subject of the improbability of physical or mental im- provement, and the consequent inadvisability of procreation, or of the probability of sub- stantial improvement of subject's condition thereby.

Type of Operation Authorized. "Surgi- cal operation for sterilization."

State's Motive. Mainly eugenic, also therapeutic.

Appropriations Available for Enforcing the Act. The per diem compensation of the members appointed by the State Board of Control shall be fixed by that board in the letter of appointment, and shall not exceed $10.00 per day, while in actual performance of their duties; and the per diem, and actual, and necessary expenses of such members shall be allowed and paid in same manner as is provided for by law for the payment of salaries and expenses of members, agents and employees of State Board of Control; also the investigation and securing, at ex- pense of county, transcripts of records of convictions from other counties and States, and also such evidence of identification as may be obtained.

Present Legal Status, January 1, 1922. Not tested by courts.

10. MICHIGAN.

Date of Approval. April 1, 1913. Reference in State Laws. Act No. 34,

Public Acts of 1913.

Persons Subject. Inmates of State insti- tutions maintained wholly or in part by public expense.

Executive Agencies Provided. Board for each institution to consist of the members of the board of control of each particular institution and the physicians or surgeons in charge thereof; such board to direct some competent physician or surgeon to perform operation. In case an institution has no physician at head, Board of Mana- gers may hire operation performed, 30 days'

notice being given subject, with option of hearing in court.

Basis for Selection: Procedure. Decision by a majority of the board, after examining physical and mental condition of subject, of the improbability of improvement of mental or physical condition, and the consequent inadvisability of procreation or of the prob- ability of substantial improvement of the subject's condition thereby.

Type of Operation Authorized. Vasec- tomy or salpingectomy, in a safe and humane manner, or improvements thereon less dangerous to life. For operation, except as authorized by this Act, or for medical neces- sity, punishable by fine, not more than $1,000 or imprisonment for not more than 5 years, or both.

State's Motive. Mainly eugenic, also therapeutic.

Appropriations Available for Enforcing the Act. The institution physician or sur- geon performing operation shall receive no compensation therefor; if any surgeons are hired, these shall be allowed for their serv- ices the compensation fixed by the statutes, for the examination and certification of an insane person. The several sums necessary to carry out the provisions of this Act shall be paid out of general fund of State, upon the warrant of the auditor-general.

Present Legal Status, January 1, 1922. Declared unconstitutional by State Supreme Court, March 28, 1918.

11. KANSAS.

(a) First Statute.

Date of Approval. March 14, 1913.

Reference in State Laws. Chapter 305, Session Laws of 1913.

Persons Subject. Inmates of all State in- stitutions entrusted with the care or custody of habitual criminals, idiots, epileptics, im- beciles and insane; "habitual criminal" to mean "a person who has been convicted of some felony involving moral turpitude."

Executive Agencies Provided. By an au- thority "consisting of the managing officers of each and every institution of the State in conjunction with competent surgical assist- ants, who shall report its conclusions to the district court, or any court of competent jurisdiction, in or for the district, from which such inmate has been committed; the final order of sterilization lying with the court, who shall appoint one of the 'author- ity* to perform operation."

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Analysis, by States, of Sterilization Laws

Basis for Selection: Procedure. Final order of the court to which have heen re- ported the conclusions of the "authority," after examining the physical and mental con- dition of the subject, his record and family history, to the effect that the subject's con- dition is deemed unimprovable, and conse- quently procreation will be undesirable; or that the subject's condition will be substan- tially improved thereby.

Type of Operation Authorized. Vasectomy or oophorectomy in a safe and humane man- ner. For operations, except as authorized by law, or for medical necessity, fine of $1,000, or imprisonment for one year, or both, is provided.

State's Motive. Mainly eugenic, also ther- apeutic.

Appropriations Available for Enforcing the Act. "The surgeon performing opera- tion shall receive from the State such com- pensation for the service rendered as the Board of Administration shall deem reason- able— to be paid out of the maintenance fund of the institution in which such person is confined."

Present Legal Status, January 1, 1922.

Repealed March 13, 1917.

(b) Second Statute.

Date of Approval. March 13, 1917 (Re- peals Act of March 14, 1913).

Reference in State Laws. Chapter 299, Laws of 1917.

Persons subject. Inmates of State hos- pitals for the insane, State hospital for epilep- tics, State home for feeble-minded or State school for girls.

Executives Agencies Provided. Chief medical officer of any subject institution, governing board of the institution and secre- tary of the State Board of Health.

Basis for Selection: Procedure. Decision of Examining Board that the mental or phy- sical condition of any inmate would be im- proved thereby or that procreation by such inmate would be likely to result in defective or feeble-minded children with criminal ten- dencies, and that the condition of such in- mate is not likely to improve so as to make procreation desirable.

Type of Operation Authorized. "Vasec- tomy or asexualization." "Salpingectomy or oophorectomy." For operations, except as authorized by law, a fine of not more than $500 and not less than $100, imprisonment

not less than (i months and not more than 1 year.

State's Motive. Therapeutic and eugenic.

Appropriations Available for Enforcing the Act. If the physician is not connected with such institution, the governing board can make reasonable terms for compensa- tion and such fee shall be paid from the fund provided for the maintenance of such insti- tution in the manner provided by law.

Present Legal Status, January 1, 1922. Not tested by courts.

12. WISCONSIN. Date of Approval. July 30, 1913.

Reference in State Laws. Chapter 693, Laws of 1913.

Persons Subject. Inmates of all State and county institutions for criminal, insane, feeble-minded and epileptic persons.

Executive Agencies Provided. Special Board, consisting of "one surgeon and one alienist of recognized ability." * * * "jn conjunction with superintendents of the State and county institutions;" appointed by the State Board of Control. Duty of special board "to examine into the mental and physical condition of persons legally con- fined in all State and county institutions." It "shall meet, take evidence and examine' and shall report to the State Board of Health its findings in cases duly nominated by said Board of Control.

Basis for Selection: Procedure. Find- ing by unanimous vote of special board that "procreation is undesirable" by inmates whose names are submitted to said board by the State Board of Control, makes lawful the performance of operations by authority and only by authority of State Board of Control.

Type of Operation Authorized. "Such operation for the prevention of procreation as shall be decided safest and most effective."

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act." * * * a sufficient amount of money to carry into effect the purpose of this sec- tion, not to exceed two thousand dollars." Expert's compensation by the State Board of Control, which shall not exceed ten dol- lars per day and expenses for days actually consumed in the performance of duty.

Present Legal Status, January 1, 1922.

Not tested by courts.

Analysis, by States, of Sterilization Laws

13

13. NEBRASKA.

Date of Approval. Without signature of Governor, July 8, 1915.

Reference in State Laws. Chapter 237, Laws of 1915.

Persons Subject. Feeble-minded or in- sane inmates of institutions for the feeble- minded, hospitals for the insane, the peniten- tiary, reformatory, industrial schools, indus- trial home or other such State institution.

Executive Agencies Provided. Board of Commissioners of State Institutions shall designate five physicians from the medical staff of state institutions under their juris- diction, three of which physicians shall be appointed from institutions for feeble-mind- ed youth and the hospitals for the insane.

Basis for Selection: Procedure. Decision by Board of Examiners that procreation by such inmate would be harmful to society; with written consent of husband or wife, parent, guardian, or next of kin.

Type of Operation Authorized. "Such operation * * * for the prevention of pro- creation as in the judgment of said Board of Examiners shall be most appropriate to each individual case."

State's Motive. Purely eugenic.

Appropriations Available for Enforcing the Act. "Members of said Board of Exam- iners shall receive no compensation for their services as such examiners, but shall be re- imbursed their actual and necessary travel- ing expenses from funds of the respective institutions whose inmates are examined by them."

Present Legal Status, January 1, 1922. Not tested by courts.

14. OREGON.

Date of Approval. February 19, 1917.

Reference in State Laws. Chapter 279, General Laws of 1917.

Persons Subject. Feeble-minded, insane, epileptic, habitual criminals, moral degener- ates, and sexual perverts who may be in- mates of institutions maintained by public expense.

Executive Agencies Provided: State Board of Eugenics, composed of State Board of Health, Superintendent of Oregon State

Hospital, Superintendent of Eastern Oregon State Hospital, Superintendent of State In- stitution for Feeble-Minded and Superin- tendent of Oregon State Penitentiary.

Basis for Selection: Procedure: Inadvis- ability of procreation and no probability of improvement of mental condition in judg- ment of a majority of the Board.

Type of Operation Authorized. "Such type of sterilization as may be deemed best by said board."

State's Motive. For betterment oi physi- cal, mental, neural or psychic condition of inmate to protect society, and not in any manner as a punitive measure.

Appropriations Available for Enforcing the Act. "State" liable only for actual trav- eling expenses of members of Board, in- curred in performance of their duties, and actual and necessary expense incident to the investigations of said Board and appeal therefrom.

Present Legal Status, January 1, 1922. Declared unconstitutional by Circuit Court for the County of Marion, Dec. 13, 1921.

15. SOUTH DAKOTA.

Date of Approval. March 8, 1917.

Reference in State Laws. Chapter 236 (S. B. 257), Law of 1917.

Persons Subject. Inmates of State Home for Feeble-minded.

Executive Agencies Provided. State Board of Charities and Corrections, Superintendent of the subject institution, and the physician of said institution or one selected by him.

Basis for Selection: Procedure. Inadvis- ability of procreation and improbability of improvement of mental condition in judg- ment of Board and Superintendent.

Type of Operation Authorized. "The operation of vasectomy or ligation of the Fallopian tubes as the case may be."

State's Motives. Therapeutic and eugenic.

Appropriations Available for Enforcing the Act. No provision made for special appropriation.

Present Legal Status, January 1, 1922.

Not tested by courts.

CHAPTER III.

TEXTS AND LEGISLATIVE RECORDS OF THE EUGENICAL STERILIZATION LAWS

A. Laws enacted prior to January 1st 1922.

1. Indiana 15

2. Washington:

a. First Statute 15

b. Second Statute 15

3. California:

a. First Statute 17

b. Second Statute 18

c Amendment to Second Statute 18

d. Sterilization Provision in Act establishing Pacific Colony 19

4. Connecticut:

a. First Statute 19

b. Sterilization Provisions of First Statute extended to Mans- field State Training School and Hospital 20

5. Nevada 20

6. Iowa:

a. First Statute 21

b. Second Statute 22

c. Third Statute 23

7. New Jersey 23

8. New York:

a. Statute . . 25

b. Repeal 26

9. North Dakota 26

10. Michigan 28

11. Kansas:

a. First Statute 29

b. Second Statute 30

12. Wisconsin 31

13. Nebraska 32

14. Oregon , 33

15. South Dakota 34

B. Eugenical Sterilization Bills Vetoed.

1. Pennsylvania:

A. Veto of 1905 35

a. Text of Bill 35

b. Veto Message 35

B. Veto of 1921 36

a. Text of Bill 37

b. Veto Message 38

C. Notes on the Situation in Pennsylvania 39

2. Oregon:

A. Bill Vetoed 40

a. Text of Bill 40

b. Veto Message 40

B. Law revoked by Referendum 41

a. Text of Law 41

b. Legislative and Referendum Record 42

3. Vermont 43

a. Text of Bill 44

b. Veto Message 45

4. Nebraska:

a. Text of Bill 46

b. Veto Message 47

5. Idaho:

a. Text of Bill ' 48

b. Veto Message 50

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15

A. LAWS ENACTED PRIOR TO JANUARY 1, 1922, IN VARIOUS STATES.

1. INDIANA.

Date of Law: April 9, 1907.

The bill was introduced on January 29, 1907, by Representative Horace D. Read, of Tipton, Ind.

It passed the House February 19, 1907 — 59 ayes, 22 noes; the Senate March 6, 1907 — 28 ayes, 16 noes.

It was declared unconstitutional May 11, 1921, by the Supreme Court.

It appears on the Indiana laws of 1907 as Chapter 215, on page 377; Burns' Indiana Statutes 1908, sec. 2232.

AN ACT to prevent procreation of con- firmed criminals, idiots, imbeciles and rapists, Providing that superintendents or boards of managers of institutions, where such persons are confined, shall have the authority and are empowered to appoint a committee of experts, consisting of two phy- sicians, to examine into the mental condition of such inmates.

WHEREAS, Heredity plays a most im- portant part in the transmission of crime, idiocy, and imbecility:

Therefore, be it enacted by the General Assembly of the State of Indiana, that on and after the passage of this act it shall be compulsory for each and every institution in the state, entrusted with the care of con- firmed criminals, idiots, rapists, and im- beciles, to appoint upon its staff, in addition to the regular institutional physician, two (2) skilled surgeons of recognized ability, whose duty it shall be, in conjunction with the chief physician of the institution, to examine the mental and physical condition of such inmates as are recommended by the institutional physician and board of man- agers. If, in the judgment of this committee of experts and the board of managers, pro- creation is inadvisable, and there is no prob- ability of improvement of the mental and physical condition of the inmate, it shall be lawful for the surgeons to perform such operation for the prevention of procreation as shall be decided safest and most effective. But this operation shall not be performed except in cases that have been pronounced unimprovable: Provided, That in no Case shall the consultation fee be more than three dollars to each expert, to be paid out of the funds appropriated for the maintenance of such institution.

2. WASHINGTON. (a.) First Law.

Date of Law: June 9, 1909.

The bill was introduced as a part of the criminal code which was prepared by the Code Commission.

It passed the Senate March 1, 1909; the House March 4, 1909 .

It was approved March 22, 1909, by Gov- ernor M. E. Hay.

It appears on the Washington statutes of 1909 as Chapter 249, sec. 35 Criminal Code.

PREVENTION OF PROCREATION: Whenever any person shall be adjudged guilty of carnal abuse of a female person under the age of ten years, or of rape, or shall be adjudged to be an habitual criminal, the court may, in addition to such other punishment or confinement as may be im- posed, direct an operation to be performed upon such person for the prevention of pro- creation.

(b.) Second Law.

Date of Law: June 9, 1921.

The Bill was introduced on February 14, 1921, by the Committee on Medicine, Sur- gery, Dentistry and Hygiene.

It passed the House February 17, 1921 — 68 ayes, 13 noes, absent or not voting 16.

It passed the Senate March 2, 1921—36 ayes, 1 no, absent or not voting 5.

It was approved March 8, 1921, by Gov. L. F. Hart.

It appears on the Washington statutes as Chapter 53 of the Session Laws of 1921, H. B. 190. PREVENTION OF PROCREATION.

AN ACT to prevent the procreation of feeble-minded, insane, epileptic, habitual criminals, moral degenerates and sexual per- verts, who may be inmates of institutions maintained by the State, authorizing and providing for the sterilization of persons with inferior hereditary potentialities and provid- ing for appeals to the Superior Courts in certain cases.

Be it enacted by the Legislature of the State of Washington:

SUPERINTENDENTS OF INSTITU- TIONS TO MAKE REPORTS.

Section 1. It shall be and is hereby de- clared the duty of the superintendents of all state institutions having the care of indi-

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Legislative; Records of the Sterilization Laws

viduals held in restraint to report quarterly to the institutional Board of Health, all feeble-minded, insane, epileptic, habitual criminals, moral degenerates and sexual per- verts, who are persons potential to produc- ing offspring who, because of inheritance of inferior or anti-social traits, would probably become a social menace or wards of the State.

STERILIZATION AUTHORIZED. Section 2. It shall be the duty of the Institutional Board of Health to examine into the innate traits, the mental and physical conditions, the personal records, and the family traits and histories of all persons re- ported so far as the same can be ascertained, and for this purpose said Board shall have the power to summon witnesses, and any member of said Board may administer an oath to any witness whom it is desired to examine; and if in the judgment of a ma- jority of the said Board procreation by any such person would produce children with an inherited tendency to feeble-mindedness, in- sanity, epitepsy. criminality or degeneracy, and there is no probability that the condi- tion of such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physi- cal or mental condition of any such person will be substantially improved thereby, then it shall be the duty of said Board to make an order directing the superintendent of the institution in which such inmate is confined to perform or cause to be performed upon such inmate such a type of sterilization as may be deemed best by said Board.

PURPOSE. Section 3. The purpose of said investiga- tion, findings and orders of said Board shall be for the betterment of the physical, mental, neural, or psychic condition of the inmate, or to protect society from the menace of procreation by said inmate, and not in any manner as a punitive measure; and no person shall be emasculated under the authority of this act except that such operation shall be found to be necessary to improve the physi- cal, mental, neural or psychic condition of the inmate.

NOTICE OR ORDER. Section 4. After fully inquiring into the condition of each of such inmates said board shall make separate written findings for each of the inmates whose condition has been examined into, and the same shall be pre-

served in the records of said Board, and a copy thereof shall be furnished to the super- intendent of the institution in which the inmate is confined, and if an operation is deemed necessary by said Board, then a copy of the order of said Board shall forth- with be served on said inmate, or in the case of an insane person, upon his legal guardian, and if such insane person "have no legal guardian, then upon his nearest known kin within the State of Washington, and if such insane person have no known kin within the State of Washington, then upon the custodial guardian of such insane person.

APPEAL.

Section 5. Any such inmate desiring to appeal from the decision of said Board, or in the case the person is under guardianship or disability, then the guardian of said in- mate may take an appeal into the Superior Court of the county in which the institution in which the inmate is confined, is located. An informal notice of appeal filed with the secretary of said board, either by the inmate or someone in his behalf, shall be all that is necessary to make the appeal: Provided, said notice shall be filed within fifteen days of the date when notice of the board's deci- sion is served on the inmate or his guardian and said notice of appeal shall stay all pro- ceedings of said board on said matter until the same is heard and determined on said appeal: Provided, further, that no operation shall be performed upon any inmate until the time for appeal from the decision of the board has expired.

PROCEDURE ON APPEAL.

Section 6. Upon an appeal being taken, the secretary of said board where the notice of appeal is filed, must within fifteen days thereafter, or such further time as the court or the judge thereof may allow, transmit a certified copy of the notice of appeal and transcript of the proceedings, findings and order of the board, to the clerk of the court appealed to. The trial shall be a trial de novo at law as provided by the statutes of the state, for the trial of actions at law. Upon such appeal, if the inmate be without sufficient financial means to employ an attor- ney, then the court shall appoint an attorney to represent the said inmate, and such attor- ney shall be compensated by the state upon order of the court; and it shall be the duty of the district attorney of the county wherein such trial is had to represent the said board.

Legislative Records of the Sterilization Laws

17

ENTRY OF JUDGMENT.

Section 7. If the court or jury shall affirm the findings of said board, said court shall enter a judgment, adjudging that the order of said board shall be carried out as herein provided; if the court fail to affirm the deci- sion of said board appealed from, then said order shall be null and void and of no further effect.

OPERATIONS.

Section 8. Upon the receipt of the order from the Institutional Board of Health, the superintendent of the institution to which it is directed shall, after the time for appeal has expired, or in case of an appeal upon the enter- ing of a judgment affirming the order of the board, and it is hereby made his lawful duty, to perform, or cause to (be) performed such surgical operation as may be specified in the order of the Institutional Board of Health. All such operations shall be performed with a due regard for the physical condition of the inmate and in a safe and humane manner

SURGEON'S LIABILITY. Section 9. No surgeon performing the operation provided for in the preceding sec- tion under the direction of the superintend- ent, or other officer in charge of such institution, shall be held criminally liable therefor or civilly liable for any loss or damage on account thereof, except in case of negligence in the performance of such operation.

PERSONS AFFECTED. Section 10. The criminals who shall come within the operation of this law shall be those who have been convicted three or more times of a felony and sentenced to serve in the penitentiary therefor. Moral degenerates and sexual perverts are those who are addicted to the practice of sodomy or the crime against nature, or to other gross, bestial and perverted sexual habits and prac- tices prohibited by statute.

SEX. . Section 11. The provisions of this act shall apply to both male and female inmates of any of the institutions designated therein.

EXPENSE. Section 12. The state shall be liable, under this act, only for the actual traveling expenses of the members of the board in- curred in the performance of their duties, and the actual and necessary expense incident to the investigations of said board and an

appeal therefrom, which shall be paid upon vouchers signed by the person receiving such compensation and expense from the raonejs appropriated for the maintenance of the institution where such examination is held.

3. CALIFORNIA.

a. First Law.

Date of Law: June 25, 1909.

The bill was introduced on February 8, 1909, by Senator W. F. Price, of Santa Rosa, California.

It passed the Senate March 16, 1909—21 ayes, 1 no; the House March 22, 1909— 41 ayes, 0 noes.

It was approved April 26, 1909, by Gov- ernor James N. Gillett.

It appears on the California statutes of 1909 as Chapter 720 on page 1093.

(It was repealed and substituted for by Chapter 363, sec. 4, June 13, 1913.)

AN ACT to permit asexualization of in- mates of the state hospitals and the Califor- nia Home for the Care and Training of Feeble-Minded Children and of convicts in the state prisons.

The people of the State of California, rep- resented in Senate and Assembly, do enact as follows:

Section 1. Whenever in the opinion of the medical superintendent of any state hospital, or the superintendent of the Cali- fornia Home for the Care and Training of Feeble-Minded Children, or of the resident physician in any state prison, it would be beneficial and conducive to the benefit of the physical, mental, or moral condition of any inmate of said state hospital, home, or state prison, to be asexualized, then such super- intendent or resident physician shall call in consultation the general superintendent of the state hospitals, and the secre- tary of the state board of health, and they shall jointly examine into all the par- ticulars oT the case with the said super- intendent or resident physician, and if in their opinion or in the opinion of any two of them, asexualization will be beneficial to such inmate, patient, or convict, they may perform the same; Provided, that in the case of an inmate or con- vict confined in any of the state prisons of this state, such operation shall not be per- formed unless the said inmate or convict has been committed to a state prison in this or in some other state or country at least two times for some sexual offense, or at

18

Legislative Records of the Sterilization Laws

least three times for any other crime, and shall have given evidence while an inmate in a state prison in this state that he is a moral and sexual pervert; and provided further, that in the case of convicts sentenced to state prison for life who exhibit continued evidence of moral and sexual depravity, the right to asexualize them, as provided in this act, shall apply, whether they have been inmates of a state prison whether in this or any other state or country more than one time.

b. Second Law.

Date of Law: June 13, 1913.

This statute repeals the first sterilization law, Chapter 720 on page 1093, April 26, 1909.

The bill was introduced on January 28, 1913, by Senator Edwin M. Butler, of Los Angeles, Cal.

It passed the Senate April 22, 1913 — 21 ayes, 4 noes; the House May 10, 1913 — 40 ayes, 24 noes.

It was approved June 13, 1913, by Gov- ernor Hiram W. Johnson.

It appears on the California statutes as Chapter 363; Senate Bill 881.

AN ACT to provide for the asexualization of the inmates of state hospitals for the in- sane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and re- pealing an act entitled "An act to permit asexualization of inmates of the state hospi- tals and the California Home for the Care and Training of Feeble-Minded Children and of convicts in the state prisons", approved, April 26, 1909.

The people of the State of California do en- act as follows:

Section 1. Before any person who has been lawfully committed to any state hospital for the insane, or who has been an inmate of the Sonoma State Home, and who is afflicted with hereditary insanity or incurable chronic mania or dementia shall be released or dis- charged therefrom, the state commission in lunacy may in its discretion, after a careful investigation of all the circumstances of the case, cause such a person to be asexualized, and such asexualization, whether with or without the consent of the patient, shall be lawful and shall not render said commission, its members, or any person participating in the operation liable either civilly or crimi- nally.

Section 2. Whenever in the opinion of the resident physician of any state prison it will be beneficial and conducive to the benefit

of the physical, mental, or moral condition of any recidivist lawfully confined in such state prison to be asexualized,' then such physician shall call in consultation the gen- eral superintendent of state hospitals and the secretary of the state board of health, and they shall jointly examine into the particulars of the case with the said resident physician, and if in their opinion or the opinion of any two of them, asexualization will be beneficial to such recidivist, they may perform the same; provided, that such operation shall not be performed unless the said recidivist has been committed to a state prison in this or some other state or country at least two times for rape, assault with intent to commit rape, or seduction, or at least three times for any other crime or crimes, and shall have given evidence while an inmate of a state prison in this state that he is a moral or sexual degenerate or pervert; and provided, further, that in the case of convicts sentenced to state prison for life, who exhibit continued evidence of moral and sexual depravity, the right to asexualize them, as provided in this section, shall apply whether they shall have been inmates of a state prison in this or any other country or state more than one time or not; provided, further, that nothing in this act shall apply to or refer to any volun- tary patient confined or kept in any state hospital of this state.

Section 3. Any idiot, if a minor, may be asexualized by or under the direction of the medical superintendent of any state hospital, with the written consent of his or her parent or guardian, and if an adult, then with the written consent of his or her lawfully ap- pointed guardian, and upon the written re- . quest of the parent or guardian of any such idiot or fool, the superintendent of any state hospital shall perform such operation or cause the same to be performed without charge therefor.

Section 4. An act entitled "An act to per- mit asexualization of inmates of the state hos- pitals and the California Home for the Care and Training of Feeble-Minded Children, and of convicts in the state prisons", ap- proved April 26, 1909, is hereby repealed.

c. Amendment to the Second Law.

Date of Amendment: July 26, 1917.

The bill was introduced on January 26, 1917, by Senator Edward J. Tyrrell of Oak- land, California.

It passed the Senate March 9, 1917 — 26 ayes,, no noes; the Assembly April 18, 1917 — 42 ayes, 7 noes.

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It was approved May 17, 1917, by Gov- ernor Wm. D. Stephens.

It appears on the California statutes as Chapter 489 of the Laws of 1917.

AN ACT to amend section one of an act entitled "An act to provide for the asexuali- zation of inmates of state hospitals for the insane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and repeal- ing an act entitled 'an act to permit asexuali- zation of inmates of the state hospitals and the California Home for the Care and Train- ing of Feeble-Minded Children, and of con- victs in the state prisons,' approved April 26, 1919," approved June 13, 1913.

(Approved May 17, 1917.)

The People of the State of California do enact as follows:

Section 1. Section one of the act entitled "An act to provide for the asexualization of inmates of state hospitals for the insane, the Sonoma State Home, of convicts in the state prisons, and of idiots, and repealing an act entitled, 'An act to permit asexualization of inmates of the state hospitals and the Cali- fornia Home for the Care and Training of Feeble-minded Children, and of convicts in the state prisons,' approved April 26, 1909," approved June 13, 1913, is hereby amended to read as follows:

Section 1. Before any person who has been lawfully committed to any state hospi- tal for the insane, or who has been an inmate of the Sonoma State Home, and who is afflicted with mental disease which may have been inherited and is likely to be transmitted to descendants, the various grades of feeble- mindedness, those suffering from perversion or marked departures from normal mentality or from disease of a syphilitic nature, shall be released or discharged therefrom, the state commission in lunacy may in its dis- cretion, after a careful investigation of all the circumstances of the case, cause such person to be asexualized, and such asexuali- zation whether with or without the consent of the patient shall be lawful and shall not render the said commission, its members or any person participating in the operation liable either civilly or criminally.

Note: The above Section 1, as amended, differs only from Section 1 of the un- amended statute in substituting the above underlined phrases for the following: "* * * hereditary insantity or incurable chronic mania or dementia * * *."

d. Sterilization Provision of the Law of California establishing the Pacific Colony "An institution for the care, confinement, and instruction of feeble-minded and epilep- tic persons."

Date of Law: July 31, 1917.

The bill was introduced on January 23, 1917, by Representative Thomas L. Am- brose of Los Angeles, California.

It passed the Assembly April 14, 1917 — 42 ayes, no noes; the Senate, April 27, 1917, — 24 ayes, no noes.

It was approved June 1, 1917, by Governor Wm. D. Stephens.

It appears on the California statutes as Section 42, Chapter 776 of the Laws of 1917.

Section 42. Before any inmate who has been committed to the Pacific Colony and who is feeble-minded, or is afflicted with incurable chronic mania or dementia, shall be released or discharged therefrom, the board of trustees on the recommendation of the superintendent, approved by a clinical psychologist holding the degree of Ph. D. and a physician qualified to serve under Sec- tion 19 of this Act, after they have made a careful investigation of all the circumstances of the case, may cause such person to be sterilized; and such sterilization, whether with or without the consent of the inmate, shall be lawful, and shall not render the said commission, or its members, or any person participating in the operation, the said trus- tees, the said colony, or any of its officers or employees, liable civilly or criminally.

4. CONNECTICUT. (a) First Law.

Date of Law: October 1, 1909.

The bill was introduced on February 2, 1909, by Representative Wilbur F. Tomlin- son, of Danbury, Conn.

It passed the House July 20, 1909 — 130 ayes, 28 noes; the Senate July 28, 1909.

It was approved August 12, 1909, by Governor F. B. Weeks.

It appears on the Connecticut statutes as Public Acts 1909, Chapter 209. (Substitute for House bill No. 123.) Sections 2691-2 of the General Statutes, Revision of 1918.)

AN ACT concerning operations for the prevention of procreation.

Be it enacted by the Senate and House of Representatives in General Assembly con- vened:

Section 1. The directors of the state prison and the superintendent of the state hospitals for the insane at Middletown and

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Norwich are hereby authorized and directed to appoint for each of said institutions, re- spectively, two skilled surgeons, who, in con- junction with the physician or surgeon in charge at each of said institutions shall con- stitute a board, the duty of which shall be to examine such inmates of said institutions as are reported to them by the warden, sup- erintendent, or the physician or surgeon in charge, to be persons by whom procreation would be inadvisable. Such board shall examine the physical and mental condition of such persons and their record and family history, so far as the same can be ascer- tained, and if, in the judgment of a majority of said board, procreation by any such per- son would produce children with an inherited tendency to crime, insanity, feeble-minded- ness, idiocy, or imbecility, and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall appoint one of its members to perform the operation of vasectomy or oophorectomy, as the case may be, upon such person. Such operation shall be per- formed in a safe and humane manner, and the board making such examination and the surgeon performing such operation shall re- ceive from the state such compensation for services rendered as the warden of the state prison or the superintendent of either of such hospitals shall deem reasonable.

Section 2. Except as authorized by this act, every person who shall perform, encour- age, assist in, or otherwise promote the per- formance of either of the operations described in section one of this act, for the purpose of destroying the power to pro- create the human species, or any person who shall knowingly permit either of such oper- ations to be performed upon such person, unless the same shall be a medical necessity, shall be fined not more than one thousand dollars, or imprisoned in the state prison not more than five years, or both.

(b) Sterilization Provisions of Statute Extended to Mansfield State Training School and Hospital.

Chapter 69, Public Acts, 1919.

This amendment was introduced by Rep- resentative Higgins of Coventry.

It passed the House March 5, 1919; the Senate March 12, 1919; no record vote.

Approved by the Governor April 2, 1919.

AN ACT amending an Act concerning Operations to Prevent Procreation.

Be it enacted by the Senate and House of Representatives in General Assembly con- vened:

Section 2691 of the general statutes is amended to read as follows: The directors of the state prison and the superintendents of the state hospitals for the insane at Mid- dletown and Norwich and the superintend- ent of the Mansfield State Training School and Hospital at Mansfield Depot are author- ized and directed to appoint for each of said institutions two skilled surgeons, who, in conjunction with the physician or surgeon in charge at each of said institutions, shall constitute a board the duty of which shall be to examine such inmates of said institu- tions as are reported to them by the warden or superintendent or the physician or sur- geon in charge, to be persons by whom procreation would be inadvisable. Such board shall examine the physical and mental condition of such persons and their record and family history so far as the same can be ascertained, and if, in the judgment of a majority of said board, procreation by any such person would produce children with an inherited tendency to crime, insanity, feeble- mindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall appoint one of its members to perform the operation of vasectomy or oophorectomy, as the case may be, upon such person. Such operation shall be per- formed in a safe and humane manner, and the board making such examination and the surgeon performing such operation shall re- ceive from the state such compensation for services rendered as the warden of the state prison or the superintendent of either of such hospitals shall deem reasonable.

Note: This law differs from its prede- cessor only in extending its provisions to the newly created Mansfield State Training School and Hospital.

5. NEVADA.

Date of Law: January 1, 1912.

The bill was introduced March 3, 1911, by the Code Commission, not as a separate bill, but as part of the Crimes and Punishments Bill.

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It passed the Senate March 10, 1911—17 ayes, 1 no, 1 absent; the House March 14, 1911 — 34 ayes, 7 noes, 4 absent, 4 not voting.

It was approved March 17, 1911, by Governor Tasker L. Oddie.

It appears on the Nevada statutes as Sec- tion 28 of the Crimes and Punishments Act.

PREVENTION OF PROCREATION: Whenever any person shall be adjudged guilty of carnal abuse of a female person under the age of ten years, or of rape, or shall be adjudged to be an habitual criminal, the court may, in addition to such other punishment or confinement as may be im- posed, direct an operation to be performed upon such person for the prevention of pro- creation; provided, the operation so per- formed shall not consist of castration.

6. IOWA.

(a) First Law.

Date of Law: July 4, 1911.

The bill was introduced on February 17, 1911, by Representative Eli C. Perkins, of Delhi, Iowa.

It passed the House March 28, 1911 — 64 ayes, 13 noes; the Senate April 6, 1911 — 32 ayes, noes 0.

It was approved April 10, 1911, by Gover- nor B. F. Carroll.

It appears on the Acts of the Thirty- fourth General Assembly of Iowa (1911) as Chapter 129.

(It was repealed and substituted for by Chapter 187, Acts of the Thirty-fifth Gen- eral Assembly, April 19, 1913.)

AN ACT to prevent the procreation of habitual criminals, idiots, feeble-minded, and imbeciles. [Additional to title twelve (XII) of the code, relating to the police of the state.]

Be it enacted by the General Assembly ot the State of Iowa:

Section 1. Unsexing of Criminals, Idiots, etc. That it shall be the duty of the man- aging officer of each public institution in the state, entrusted with the custody or care of criminals, idiots, feeble-minded, imbeciles, drunkards, drug fiends, epileptics, and syphil- itics, and they are hereby authorized and directed to annually, or oftener, examine into the mental or physical condition of the inmates of such institutions, with a view to determining whether it is improper to allow any of such inmates to procreate; and to annually, or oftener, call into consultation the members of the state board of parole. The members of such board and the man-

aging officer and the surgical superintendent of such institution shall judge of such matters. If a majority of them decide that procreation by any such inmate would pro- duce children with a tendency to disease, crime, insanity, feeble-mindedness, idiocy, or imbecility, and there is no probability that the condition of any such inmate so examined will improve to such an extent as to render procreation by any such inmate advisable, or if the physical or mental condition of any such inmate will be materially improved thereby, or if such inmate is an epileptic or syphilitic, or gives continued evidence while an inmate of such institution that he or she is a moral or sexual pervert, then the sur- geon of the institution shall perform the operation of vasectomy or ligation of the Fallopian tubes, as the case may be, upon such person. Provided that such operation shall be performed upon any convict or inmate of such institution who has been con- victed of prostitution or violation of the law, as laid down in chapter two hundred and sixteen (216)*, acts of the Thirty-third Gen-

* The full text of Chapter 216 is as follows: CHAPTER 216 — THE LAWS OF THE THIR- TY-THIRD IOWA GENERAL ASSEMBLY. Detention or Confining1 of [Females "by Force or

Intimidation for Purposes of Prostitution. S. F. 216.

AN ACT prohibiting the detention or con- finement of any female in any house, room, building, or premises by force, false pretence, or intimidation, for purposes of prostitution or with intent to cause such female to be- come a prostitute, and providing a punishment for the violation thereof. [Additional to Chapter nine (9) of title twenty-four (XXIV) of the code relating to offenses against chas- tity, morality and decency.]

Be it enacted by the General Assembly of the State of Iowa:

Section 1. Detention or Confinement of Fe- males for Prostitution Purposes. Whoever shall unlawfully detain or confine any female by force, false pretence, or intimidation in any room, house, building or premises in this state, against the will of such female, for pur- poses of prostitution or with intent to cause such female to become a prostitute, and be guilty of fornication or concubinage therein, or shall by force, false pretence, confinement, or intimidation, attempt to prevent any female so as aforesaid detained, from leaving such room, house, building, or premises, and who- ever aids, assists, or abets by force, false pretence, confinement, or intimidation, in keeping, confining, or unlawfully detaining any female in any room, house, building or prem- ises in this state, against the will of such female, for the purpose of prostitution, forni- cation, or concubinage, shall on conviction, be imprisoned in the penitentiary not less than one nor more than ten years.

Approved March 25, A. D. 1909.

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eral Assembly, or who has been twice con- victed of some other sexual offense, or has been three times convicted of felony, and each such convict or inmate shall be sub- jected to this same operation of vasectomy or ligation of the Fallopian tubes, as the case may be, by the surgeon of the institu- tion.

Section 2. Penalty. Except as authorized in this act, every person who shall perform, encourage, assist in or otherwise promote the performance of either of the operations described in Section 1 of this act, for the purpose of destroying the power to procreate the human species, or any person who shall knowingly permit either of such operations to be performed upon such persons, unless the same shall be a medical necessity, shall be fined not more than one thousand ($1,000) dollars, or imprisoned in the county jail not to exceed one year, or both.

(b) Second Law.

Date of Law: July 4, 1913.

This statute repeals the first sterilization law, Chapter 129, Acts of the Thirty-fourth General Assembly, April 10, 1911.

The bill was introduced March 10, 1913, by Representative Col. Halgrims, of Hum- boldt, Iowa.

It passed the House April 17, 1913 — 61 ayes, 7 noes; the Senate April 18, 1913 — 27 ayes, 11 noes.

It was approved April 19, 1913, by Gov- ernor George W. Clarke.

It appears on the Iowa laws of 1913, Chapter 187, Acts of the Thirty-fifth Gen- eral Assembly.

AN ACT to repeal the law as it appears in chapter one hundred twenty-nine (129) of the acts' of the Thirty-fourth General As- sembly, and to enact a substitute therefor relating to the prevention of the procreation of criminals, rapists, idiots, feeble-minded, imbeciles, lunatics, drunkards, drug fiends, epileptics, syphilitics, moral and sexual per- verts, and diseased and degenerate persons.

Be it enacted by the General Assembly of the State of Iowa:

Section 1. Unsexing of criminals, idiots, etc. Board of Parole; Duties. That it shall be the duty of the state board of parole, with the managing officer and the physician of each public institution in the state, entrusted with the care and custody of crim- inals, rapists, idiots, feeble-minded, imbeciles, lunatics, drunkards, drug fiends, epileptics, syphilitics moral and sexual perverts, and

diseased and degenerate persons, and they are hereby authorized and directed to, an- nually or oftener, examine into the mental and physical condition, the records and family history of the inmates of such institu- tions, with a view of determining whether it is improper or inadvisable to allow any of such inmates to procreate and to judge of such matters. If a majority of them decide that procreation by any such inmates would produce children with a tendency to disease, deformity, crime, insanity, feeble-minded- ness, idiocy, imbecility, epilepsy, or alcohol- ism, or if the physical or mental condition of any such inmate will probably be mate- rially improved thereby, or if such inmate is an epileptic or syphilitic, or gives evidence, while he is an inmate of such institution, that he or she is a moral or sexual pervert, then the physician of the institution, or one selected by him, shall perform the operation of vasectomy or ligation of the Fallopian tubes, as the case may be, upon such person. Provided that such operation shall be per- formed upon every convict or inmate of such institution who has been convicted of prostitution or violation of the law as laid down in chapter two hundred sixteen (216)* of the acts of the Thirty-third General Assembly, or who has been twice convicted of other sexual offenses, including soliciting, as defined in section four thousand nine hun- dred seventy-five-c (4975-c)** of the supple- ment to the code, 1907, or who has been twice convicted of a felony, and each such convict or inmate shall be subject to this same operation of vasectomy or ligation of the Fallopian tubes, as the case may be, by the physician of the institution, or one se- lected by him.

Section 2. Certain persons, operations upon application. Those afflicted with syphilis or epilepsy may apply to the board of parole, or any judge of the district court, and upon order of such board or judge, the operation of vasectomy or ligation of the Fallopian tubes may be performed upon such person, and any law restricting mar-

* See footnote, page 21.

**Sec. 4975-c. Soliciting- for the Purpose of Prostitution — Penalty. That any person who shall ask, request, or solicit another to have carnal knowledge with any female for a con- sideration or otherwise, shall be punished by imprisonment in the penitentiary not exceed- ing five years or imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both such fine and jail imprisonment. (31 G. A., ch. 165.)

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riage of such persons shall be void and of none effect, in case one of the contracting parties has submitted to such operation and the same was known to both parties before their marriage.

Section 3. Annual report. The board of parole shall make an annual report to the governor of the state, fully covering their proceedings under the authority of this act, and also observations and statistics regard- ing its benefits.

Section 4. Unsexing prohibited except as authorized — penalty. Except as authorized in this act, every person who shall perform, encourage, assist in or otherwise promote the performance of either of the operations described in section one (1) of this act, for the purpose of destroying the power to pro- create the human species, or any person who shall knowingly permit either of such operations to be performed upon such per- sons, unless the same shall be a medical necessity, shall be fined not more than one thousand dollars ($1,000.00), or imprisoned in the penitentiary not to exceed one year, or both.

(c) Third Law.

Date of Law: July 4, 1915.

The bill was introduced on February 18, 1915, by the Committee on Public Health (Dr. A. W. Slaught, of Ottumwa, Chairman), as a Committee Bill.

It passed the House, March 6, 1915 — 76 ayes, 12 noes; the Senate, April 12, 1915 — 31 ayes, 6 noes.

It was approved April 16, 1915, by Gov- ernor George W. Clarke.

It appears on the Iowa statutes as Chapter 202 of the Laws of the Thirty-sixth General Assembly (1915).

AN ACT to repeal the law as it appears in chapter nineteen-B (19-B) supplement to the code, 1913, and to enact a substitute therefor to prevent the procreation of the insane, idiots, imbeciles and feeble-minded.

Be it enacted by the General Assembly of the State of Iowa:

That the law as it appears in Chapter nineteen-B (19-B) of title twelve (12) sup- plement to the code, 1913, be and the same is hereby repealed and the following enacted in lieu thereof:

Section 1. Sterilization Authorized. That whenever the superintendent of any hospital for the insane and a majority of his medical staff shall after investigation and examina-

tion, agree that it is for the best interests of the patient and society, they are hereby authorized to perform, or cause to be per- formed by some capable physician or sur- geon, the operation of sterilization on any such patient confined in said institution afflicted with insanity, idiocy, imbecility, feeble-mindedness or syphilis; provided that said operation is approved by the board of control or a majority thereof; and provided further, that the superintendent of the hos- pital shall have secured the written consent of the husband or wife, if the patient is a married person, and if an unmarried person, the written consent of the parent, guardian or next of kin, if any there be within this state, that said operation shall be performed.

Section 2. Operation Defined. The oper- ation to be performed upon a male person shall be what is known as vasectomy, and upon a female person what is known as a section of the Fallopian tubes with implanta- tion of the uterine muscles.

Section 3. Annual Report. The board of control shall make an annual report to the governor of the state fully covering their proceedings under the authority of this act, and also their observations and statistics re- garding its benefits.

Section 4. Unauthorized Operations — Penalty. Except as authorized in this act every person who shall perform, encourage, assist in, or otherwise promote the perform- ance of either of the operations described in section two (2) of this act for the purpose of destroying the power to procreate the human species, or any person who shall knowingly permit either of such operations to be performed upon such person unless the same shall be a medical necessity, shall be fined not more than one thousand dollars ($1,000), or imprisoned in the penitentiary not to exceed one year, or both.

7. NEW JERSEY.

Date of Law: April 21, 1911.

The bill was introduced on February 27, 1911, by Representative B. H. White, of Mount Holly, New Jersey.

It passed the House March 28, 1911—33 ayes, 6 noes; the Senate April 18, 1911 — 12 ayes, noes 0.

It was approved April 21, 1911, by Gov- ernor Woodrow Wilson.

It appears on the New Jersey statutes of 1911 as Chapter 190.

AN ACT to authorize and provide for the sterilization of feeble-minded (including

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idiots, imbeciles and morons), epileptics, rapists, certain criminals and other defectives.

WHEREAS, heredity plays a most im- portant part in the transmission of feeble- mindedness, epilepsy, criminal tendencies, and other defects:

Be it enacted by the Senate and General Assembly of the State of New Jersey:

1. Immediately after the passage of this act, the Governor shall appoint by and with the advice of the Senate, a surgeon and neurologist, each of recognized ability, one for a term of three (3) years and one for a term of (5) years; their successors each to be appointed for the full term of five years, who in conjunction with the Commissioner of Charities and Corrections shall be known as and is hereby created the "Board of Examiners of Feeble-minded (including idiots, imbeciles and morons), Epileptics and other Defectives," whose duty it shall be to examine into the mental and physical condi- tion of the feeble-minded, epileptic, certain criminal and other defective inmates con- fined in the several reformatories, charitable, and penal institutions in the counties and state. Any vacancy occurring in said Board of Examiners shall be filled by appointment of the Governor for the unexpired term.

2. The criminals who shall come within the operation of this law shall be those who have been convicted of the crime of rape, or of such succession of offenses against the criminal law as in the opinion of this board of examiners shall be deemed to be sufficient evidence of confirmed criminal tendencies.

3. Upon application of the superintendent or other administrative officer of any institu- tion in which such inmates are or may be confined or upon its own motion, the said board of examiners may call a meeting to take evidence and examine into the mental and physical condition of such inmates con- fined as aforesaid, and if said board of examiners, in conjunction with the chief phy- sician of the institution, unanimously find that procreation is inadvisable and that there is no probability that the condition of such inmate so examined will improve to such an extent as to render procreation by such inmate advisable, it shall be lawful to per- form such operation for the prevention of procreation as shall be decided by said board of examiners to be most effective, and there- upon it shall and may be lawful for any surgeon qualified under the laws of this state, under the direction of the chief physi- cian of said institution, to perform such oper-

ation; previous to said hearing the said board shall apply to any judge of the Court of Common Pleas, of the county in which said person is confined, for the assignment of counsel to represent the person to be ex- amined, said counsel to act at said hearing and in any subsequent proceedings, and no order made by said board of examiners shall become effective until five days after it shall have been filed with the clerk of the Court of Common Pleas of the county in which said examination is held, and a copy shall have been served upon the counsel appointed to represent the person examined, proof of service of the said copy of the order to be filed with the clerk of the Court of Common Pleas. All orders made under the provision of this act shall be subject to review by the Supreme Court or any justice thereof, and said court may upon appeal from any order grant a stay which shall be effective until such appeal shall have been decided. The judge of the Court of Common Pleas appointing any counsel under this act may fix the compensation to be paid him, and it shall be paid as other court expenses are now paid.

No surgeon performing an operation under the provisions of this law shall be held to account therefor, but the order of the board of examiners shall be a full warrant and authority therefor.

4. The record taken upon the examination of every such inmate, signed by the said board of examiners, shall be preserved in the institution where such inmate is con- fined, and a copy thereof filed with the Com- missioner of Charities and Corrections, and one year after the performing of the oper- ation the superintendent or other adminis- trative officer of the institution wherein such inmate is confined shall report to the board of examiners the condition of the inmate and the effect of such operation upon such inmate. A copy of the report shall be filed with the record of the examination.

5. There shall be paid, out of the funds appropriated for maintenance of such insti- tutions, to each physician of said board of examiners, a compensation of not more than ten ($10) dollars per diem for each day actually given to such work or examination, and his actual and necessary expenses in going to, holding and returning from such examination.

When in the judgment of the board of examiners it is necessary to secure the assist- ance of a surgeon outside the medical staff

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of the institution to perform or assist in said operation, the necessary expenses of such surgeon shall be paid from the maintenance account of such institution.

6. If any provisions of this act shall be questioned in any court, and the provisions of this act with reference to any class of

z persons enumerated therein shall be held to be unconstitutional and void, such determina- tion shall not be. deemed to invalidate the entire act, but only such provisions thereof with reference to the class in question as are specifically under review and particularly passed upon by the decision of the court.

7. This act shall take effect immediately.

8. NEW YORK.

(a) Text of Law.

Date of Law: April 16, 1912.

The bill was introduced on March 5, 1912, • by Assemblyman Robert P. Bush, of Horse- heads, N. Y.

It passed the House March 25, 1912—78 ayes, 9 noes; the Senate March 29, 1912 — 48 ayes, noes 0.

It was approved April 16, 1912, by Gov- ernor John A. Dix.

It appears on the New York statutes as Public Health Law (L. 1909, Chapter 49), Art. 19 (Section 350-353), as amended by L. 1912, Chapter 445.

AN ACT to amend the public health law, in relation to operations for the prevention of procreation.

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Article eighteen of chapter forty-nine of the laws of nineteen hundred and nine, entitled, "An act in relation to public health constituting chapter forty-five of the consolidated laws," as renumbered article nineteen by section five of chapter one hundred and twenty-eight of the laws of nineteen hundred and eleven, is hereby made article twenty thereof, and sections three hundred and fifty and three hundred and fifty-one of such chapter are hereby renum- bered sections three hundred and sixty and three hundred and sixty-one, respectively.

Section 2. Such chapter is hereby

amended by inserting therein a new article,

to be article nineteen thereof, to read as

follows: . „„,,__ „

ARTICLE 19.

Operations for the Prevention of Procreation. Section 350. Board of Examiners; com- pensation and expenses.

Section 351. General powers and duties of the board, persons to be operated upon.

Section 352. Appointment of counsel to persons to be operated upon.

Section 353. Unauthorized and illegal operations.

Section 350. Board of Examiners; com- pensation and expenses. Immediately after the passage of this act the Governor shall appoint one surgeon, one neurologist and one practitioner of medicine, each with at least ten years' experience in the actual prac- tice of his profession, for a term of five years, to be known as the board of exami- ners of feeble-minded, criminals and other defectives, which board is hereby created. The compensation of the members of such board shall be ten dollars per diem for each day actually engaged in the performance of the duties of the board, and their actual and necessary traveling expenses. Any vacan- cies occurring in said board shall be filled by appointment of the Governor for the unex- pired term.

Section 351. General powers and duties of the board; persons to be operated upon. It shall be the duty of the said board to ex- amine into the mental and physical condition and the record and family history of the feeble-minded, epileptic, criminal and other defective inmates confined in the several state hospitals for the insane, state prisons, re- formatories, and charitable and penal insti- tutions in the state, and if in the judgment of the majority of said board procreation by any such person would produce children with an inherited tendency to crime, insanity, feeble-mindedness, idiocy, or imbecility, and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall appoint one of its members to perform such operation for the prevention of procreation as shall be decided by said board to be most effective.

The criminals who shall come within the operation of this law shall be those who have been convicted of the crime of rape or of such succession of offenses against the criminal law as in the opinion of the board shall be deemed to be sufficient evidence of confirmed criminal tendencies.

Section 352. Appointment of counsel to person to be operated upon. The board of

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examiners shall apply to any judge of the Supreme Court or county judge of the county in which said person is confined for the appointment of counsel to represent the person to be examined. Said counsel to act a* a hearing before the judge and in any subsequent proceedings, and no order made by said board shall become effective until five days after it shall have been filed with the clerk of the court and a copy shall have been served upon the counsel appointed to represent the person examined and proof of service of said copy of the order to be filed with the clerk of the court. All orders made under provisions of this act shall be subject to review by the Supreme Court or any jus- tice thereof, and said court may upon appeal from any order grant a stay," which shall be effective until such appeal shall have been decided. The judge of the court appointing any counsel under this act may fix the compensation to be paid him. No surgeon performing an operation under the provisions of this act shall be held to account therefor. The record taken upon the exami- nation of every such inmate, signed by the said board of examiners, shall be preserved by the institution where said inmate is con- fined, and one year after the performance of the operation the superintendent or other administrative officer of the institution wherein such inmate is confined shall report to the board of examiners the condition of the inmate and the effect of such operation upon such inmate, and a copy of the report shall be filed with the record of the examina- tion.

Section 353. Unauthorized and illegal operations. Except as authorized by this act, every person who shall perform, encour- age, assist in, or otherwise permit the per- formance of the operation for the purpose of destroying the power to procreate the human species, or any person who shall knowingly permit such operation lo be performed upon such person, unless the same shall be a medi- cal necessity, shall be guilty of a misde- meanor.

Section 3. This act shall take effect imme- diately.

(b) The Repeal of the New York Sterili- zation Statute.

The New York sterilization law of 1912 was repealed May 10, 1920. The repealing bill was introduced by Senator Henry M. Sage of New York April 8th. It passed the Senate April 14th, 49 yeas, 0 nays. It passed the Assembly April 21st, 142 yeas, 0 nays,

and was signed by Governor Alfred E. Smith May 10th. The repealing act appears in the statutes of New York as "L. 1920, Chap. 619." The full text of the act is as follows:

AN ACT

To repeal article nineteen of the public health law, relating to operations for the v prevention of procreation.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Article nineteen of chapter forty-nine of the laws of nineteen hundred and nine, entitled "An act in relation to public health, constituting chapter forty-five of the consolidated laws," as such article was added by chapter four hundred and forty- five of the laws of nineteen hundred and twelve, is hereby repealed. %

Section 2. This act shall take effect immediately.

9. NORTH DAKOTA.

Date of Law: March 13, 1913.

The bill was introduced on February 8, 1913, by Representative W. H. Northrup, Luverne, North Dakota.

It passed the House February 17, 1913 — 73 ayes, 20 noes; the Senate March 6, 1913 — 34 ayes, 4 noes.

It was approved March 13, 1913, by Gov- ernor L. B. Hanna.

It appears on the North Dakota statutes as Chapter 56 of the laws of 1913. (Chapter 24, Sections 11429-11438, Compiled Laws of North Dakota, 1913.)

AN ACT to prevent procreation of con- firmed criminals, insane, idiots, defectives, and rapists; providing for a board of medi- cal examiners and making a provision for carrying out of same.

Be it enacted by the Legislative Assembly of the State of North Dakota:

Section 1. Whenever the warden, super- intendent, or head of any state prison, re- form school, state school for feeble-minded, or of any state hospital or state asylum for insane shall certify in writing that he be- lieves that the mental or physical condition of any inmate would be improved thereby, or that procreation by such inmate would be likely to result in defective or feeble-minded children with criminal tendencies, and that the condition of such inmate is not likely to improve, so as to make procreation by such person desirable or beneficial to the community, it shall be lawful to perform a

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surgical operation for the sterilization of such inmate as hereafter provided.

Section 2. For the purpose of carrying into effect the provisions of this act the chief medical officer of any such institution, the secretary of the state board of health and one other competent physician and surgeon, whose appointment is hereinafter provided for, shall constitute the board of examiners for such institution. The third member of such board shall be a competent physician and surgeon of good standing and of at least ten years' practice of his profession in North Dakota, who shall forthwith be appointed by the State board of control and who shall serve during the pleasure of said board of control. One such appointment may be made in each county in which any of such institutions is located, or one may be appointed to act for any two or more of such institutions to be named in the letter of appointment. The per diem compensa- tion of such member so appointed shall be fixed by the state board of control in the letter of. appointment and shall not be in excess of $10.00 per day, a duplicate of this letter shall be filed with the state auditor, and the per diem and actual necessary ex- penses of such member shall be allowed and paid in the same manner as is provided for by law for the payment of the salaries and expenses of the members, agents, and em- ployees of the state board of control.

Section 3. When the superintendent oi any such institution shall deem it advisable that such operation be performed on any one or more of the inmates thereof he shall make such recommendation in writing signed by him, and file one copy thereof with the board of control and one with the chief medical officer of such institution, where- upon the chief medical officer of such institu- tion shall forthwith call a meeting of such board of examiners, to be held at such insti- tution at a date not less than fifteen days, after the issuance of such call, and such call shall be in writing, signed by such chief medical officer, and shall clearly set forth the date and object of such meeting and shall contain the names of all inmates whose cases are to be considered at such meeting.

Section 4. At such meeting such board of examiners shall diligently inquire into the mental and physical condition of each inmate so considered, and as far as practicable into his family history, and for that purpose any member of said board may administer an oath to any witness whom it is desired to

examine, and such hearing may be adjourned from day to day, and, if necessary, sessions may he held elsewhere than at such institu- tion.

Section 5. After fully inquiring into the condition of each such person such board of examiners shall make separate written find- ings for each of the persons whose condition has been inquired into, and such findings shall either order that such inmate be steril- ized by such operation as may be deemed best, or shall find that sterilization is not necessary or desirable, or shall continue the case to a -time and place therein named or upon future call for further observation and inquiry, and such hearings shall be conducted according to the provisions of section 4 of this act. If such board in its findings order such operation upon such inmate, it shall, in such findings, designate what operation is to be performed and its purpose, and shall designate some skilled surgeon, who may not be one of their own number, who shall perform it.

Section 6. Such institutions shall keep all files in any proceedings under this act and full minutes of such meetings, and for that purpose the chief medical officer of such institution shall be the secretary of such board of examiners and custodian of its records.

Section 7. When in the opinion of the chief medical officer of any such institution such operation would be necessary or de- sirable upon any inmate thereof, for any of the purposes herein set forth, and such inmate requests in writing that such oper- ation be performed, or consents thereto in writing, he may perform or procure the performance of such operation without bringing the matter to the attention of such board of examiners. When any such oper- ation is performed under the provisions of this section it shall be the duty of the chief medical officer who performs or procures the performance of such operation to immedi- ately report to the state board of control the details of such operation upon such blanks as the board of control may prescribe.

Section 8. Whenever the state's attorney of any county shall have reason to believe that any person who shall be convicted of felony has been twice or more previously convicted of felonies in North Dakota and elsewhere, it shall be the duty of such state's attorney to investigate and to secure at the expense of the county, transcripts of records of conviction from other counties and states

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and also such evidence of identification as may be obtained. Such proof when obtained shall be forwarded to the state board of con- trol, who shall thereupon notify the chief medical officers of the institution to which such person is committed and the secretary of the state board of health, and such case shall be dealt with in accordance with the procedure stated in section 1 of this act.

Section 9. No surgeon who shall skillfully perform any operation as authorized by this act shall be held accountable therefor, but the findings and order of this said board of examiners or the court, or the consent of such inmate and parents or guardian shall be his full warrant and authority therefor.

Section 10. It shall be the duty of the chief medical officer of any such institution in which any sterilized inmates are confined to make careful observation of each of such inmates, particularly with the view to ascer- taining the effect of such operation upon the moral, mental and physical condition of such sterilized persons, and once a year, and oftener if called for by the Governor, to make report on each of such persons in writ- ing, keeping a copy of such report on file in such institution and furnishing copies to the Governor, the state board of control and the secretary of the state board of health.

Section 11. (Emergency.) WHEREAS, heredity plays a most important part in the transmission of crime, insanity, idiocy, and imbecility, and our institutions for degener- ates are overcrowded on account of the lack of adequate means of checking the ever- increasing numbers of this class; and whereas, there is now no provision in law authorizing an operation for the sterilization of defective persons, this act shall take effect and be in force from and after its passage and approval.

10. MICHIGAN.

Date of Law: August 1, 1913.

The bill was introduced on January 13, 1913, by Representative Arthur Odell, of Allegan, Michigan.

It passed the House February 12, 1912 — 72 ayes, 16 noes; the Senate March 19, 1913 — 21 ayes, 9 noes.

It was approved April 1, 1913, by Gov- ernor Woodbridge N. Ferris.

It appears on the Michigan statutes of 1913 as Act No. 34, Public Acts 1913, page 52.

AN ACT to authorize the sterilization of mentally defective persons maintained wholly or in part by public expense in public institu-

tions in this state, and to provide a penalty for the unauthorized use of the operations provided for. The people of the State of Michigan enact: Section 1. Authority is given to the management of any institution maintained wholly or in part by public expense, in whose custody may be held individuals who have been by a court of competent jurisdiction adjudged to be and who are mentally de- fective or insane, to render incapable of pro- creation, by vasectomy or salpingectomy or by the improvement of said surgical oper- ation which is least dangerous to life and will best accomplish the purpose, any person who is mentally defective or insane.

Section 2. The boards of the aforesaid institutions and the physicians or surgeons in charge of each of said institutions shall for each of their respective institutions con- stitute a board, the duty of which shall be to examine such inmates of said institutions as are reported to them by the warden or medi- cal superintendent to be persons by whom procreation would be inadvisable. Such board shall receive the report of insanity experts hereinafter mentioned, examine the physical and mental condition of such per- sons, and their record and family history so far as the same can be ascertained, and if in the judgment of a majority of said board procreation by any such person would pro- duce children with an inherited tendency to insanity, feeble-mindedness, idiocy, or imbe- cility, and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person so examined will be substan- tially improved thereby, then said board shall direct a competent physician or sur- geon, with such other assistants as may be necessary, to perform the operation of vasec- tomy or salpingectomy, or any other oper- ation or improvement on vasectomy or sal- pingectomy recognized by the medical pro- fession, as the case may be, upon such person. Such operation shall be performed in a safe and humane manner, and the board making such examination, and the institution physician or surgeon, shall receive no extra compensation therefor; provided, that at least thirty days' notice shall be given to the parents or guardian of such person before the performing of such operation; said notice to specify the purpose, time and place of such examination; provided further,

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that when said parents or guardian object to the performance of such operation, then the question of the sanity of such person shall be referred to the probate court of the county in which the institution is located, where the question of the sanity and the necessity for this operation shall be deter- mined as in other insane cases before such courts.

Section 3. In case an institution has no physician at its head, authority is given to the board of managers to cause such oper- ation to be performed, to hire expert physi- cians to examine and report on the condition of the subject, and to perform the operation with such other assistants as may be neces- sary: Provided, before said operation is ordered there shall first be secured from two physicians having qualifications prescribed by law for examiners in insanity a written statement or report that such operation is desirable in the interests of the patient or the good of the community: And, provided further, that these physicians shall be allowed for their services the compensation fixed by statutes for the examination and certification of an insane person. The several sums necessary to carry out the pro- visions of this act shall be certified to be correct by the respective boards and shall be paid out of the general fund of the state upon the warrant of the auditor-general.

Section 4. In relation to each individual person sterilized under the provisions of this act, the board of control of the institu- tion in which said person is an inmate shall file with the State Board of Public Health of Michigan a written record setting forth the name, age, sex, nationality, type or class of mental defectiveness of said person, the nature of the operation performed, the subse- quent mental and physical condition as affected by said operation: Provided, that said records shall not be for public inspec- tion, but may be open to inspection of the members of the board of control of the aforesaid institutions and of the members of the immediate family of the person oper- ated upon, or any physician or surgeon designated by them.

Section 5. Except as authorized by this act, every person who shall perform, encour- age, assist in, or otherwise promote the per- formance of either of the operations described in section one of this act, for the purpose of destroying the power to pro- create the human species, or any person who shall knowingly permit either of such

operations to be performed upon such person, unless the same shall be a medical necessity, shall be guilty of a felony, and upon conviction thereof shall be fined not more than one thousand dollars, or impris- oned in the state prison not more than five years, or both, at the discretion of the court before whom the said person or persons were so convicted.

11. KANSAS.

(a) First Law.

Date of Law: June 1, 1913.

The bill was introduced on February 7, 1913, by Representative A. B. Scott, of Jet- more, Kansas.

It passed the House and the Senate March 10, 1913.

It was returned unsigned March 14, 1913, by Governor George H. Hodges, and be- came a law without his signature.

It appears on the Kansas statutes as Chapter 305, pages 525-526 of the Session Laws of 1913.

AN ACT to prevent the procreation of habitual criminals, idiots, epileptics, imbe- ciles, and insane, and providing a penalty for the violation thereof.

Be it enacted by the Legislature of the

State of Kansas:

Section 1. That it shall be the duty of managing officers of all state institutions of this state entrusted with the care and custody of habitual criminals, idiots, epilep- tics, imbeciles and insane, and they are hereby authorized and directed to obtain the advice and professional services of com- petent surgical assistants, who, jointly with the physician or surgeon in charge of the institution in which any of such inmates shall be, shall constitute the authority whose duty it shall be to examine such inmate or inmates of the several institutions as are deemed to be improper and inadvisable to allow to procreate. Such authority shall examine the physical and mental condition of such inmate or inmates, the history thereof so far as can be ascertained, and if, in the judgment of such authority, pro- creation by any such inmate or inmates would produce children with an inherited tendency to crime, insanity, feeble-minded- ness, epilepsy, idiocy, or imbecility, and there is no probability that the condition of any such inmate or inmates so examined will improve to such an extent as to ren- der procreation by any such inmate or in- mates advisable, or if the physical or men-

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tal condition of any such persons will be materially improved thereby, then said authority shall report their conclusions with a recommendation to the district court or any court of competent jurisdiction in and for the district from which such inmate or inmates has been committed to such institution or institutions. The court shall thereupon hear and determine the matter, and if satisfied that the subject is an hab- itual criminal within the meaning of this act, or is insane, an idiot, imbecile or an epileptic, and that the purposes of this act will be accomplished by such order, shall adjudge that such operation shall be per- formed, and shall appoint one of the authority signing such report to perform the operation of vasectomy or oopho- rectomy, as the case may be, upon such per- son. The county attorney of the county in which the hearing is had may be directed by the court to represent the state in the pro- ceedings. Such operation shall be per- formed in a safe and humane manner, and the surgeon performing the operation shall receive from the state such compensation for the service rendered as the board of adminis- tration shall deem reasonable, to be paid out of the maintenance fund of the institution in which such person is confined. Pro- vided, An habitual criminal within the mean- ing of this act shall be a person who has been convicted of some felony involving moral turpitude.

Section 2. Except as authorized by this act, every person who shall perform, encour- age, assist in, and otherwise promote the performance of either of the operations de- scribed in section 1 of this act, for the pur- pose of destroying the power to procreate the human species, or any person who shall knowingly permit either of such operations to be performed upon such person, unless the same shall be a medical necessity, shall be fined not more than one thousand ($1,000.00) dollars, or imprisoned in the county jail not exceeding one (l) year, or both.

Section 3. Any managing officers herein charged with any duty specified in section 1, who shall fail, neglect or refuse for sixty days or more in the performance thereof, shall be guilty of a misdemeanor and sub- ject to a fine of not more than one hundred dollars, or imprisonment in the county jail for not more than thirty days, or both such fine and imprisonment.

Section 4. This act shall take effect and be enforced from and after its publication in the statute book.

(b) Second Law.

Date of Law: May 26, 1917.

The bill was introduced on January 27, 1917, by Representative W. A. S. Bird of Topeka, Kansas.

It passed the House February 14, 1917 — 78 ayes, 15 noes; the Senate March 8, 1917 — 28 ayes, 4 noes.

It was approved March 13, 1917, by Gov- ernor Arthur Capper.

It appears on the Kansas statutes as Chap- ter 299 of the Session Laws of 1917.

AN ACT to prevent the procreation of habitual criminals, idiots, epileptics, imbeciles and insane, and providing penalties for the violation thereof, and repealing sections 9967, 9968, and 9969 of the General Statutes of 1915. (Chapter 305, pages 525-526, of the Session Laws of 1913.)

Be it enacted by the Legislature of the State of Kansas:

Section 1. That the warden of the State Penitentiary, the superintendent of the Hutchinson Reformatory, the superintendent of each of the State Hospitals for the In- sane, the State Hospital for Epileptics, the State Home for Feeble-Minded, or the State Industrial School for Girls, shall cer- tify in writing to the governing board of the institution of which he or she is warden or superintendent, that he or she believes that the mental or physical condition of any inmate would be improved thereby or that procreation by any such inmate would be likely to result in defective or feeble-minded children with criminal tendencies, and that the condition of such inmate is not likely to improve so as to make procreation by such person desirable or beneficial to the state, it shall be lawful to perform a surgical operation for the sterilization of such in- mate as hereafter provided, and shall not ren- der the board of examiners, its members or any person participating in the operation liable either civilly or criminally. But before such operation shall be performed a written notice shall be served on such inmate, and guardian, if there be one, of the time and place of a meeting and hearing at least thirty days prior thereto; and said inmate shall have the right to be represented by counsel and may introduce such evidence as may be desired.

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Section 2. For the purpose of carrying into effect the provisions of this act, the chief medical officer of any such institution, the governing board of such institution, and the secretary of the State Board of Health, shall constitute a board of examiners for such institution.

Section 3. When the warden or super- intendent of any such institution shall deem it advisable that such operation be per- formed on any one or more of the inmates, it shall be his or her duty to make such recommendation in writing, signed by him or her, to the chairman of the governing board of such institution, whereupon- the chairman of such governing board shall forthwith call a meeting of such board of examiners, to be held at such institution at a date not more than fifteen days after the issuance of such call. The call shall clearly set forth the date and object of such meeting and shall contain the names of all inmates whose cases are to be considered at such meeting.

Section 4. At such meeting such board of examiners shall diligently inquire into the mental and physical conditon of each inmate so considered, and as far as prac- ticable into his or her family history and for that purpose any member of said board may administer an oath to any witness whom it is desired to examine.

Section 5. After fully inquiring into the condition of each such person, such board of examiners shall make separate written findings for each of the persons whose con- dition has been inquired into, and such findings shall either order that such inmate be sterilized or not, and if the board in its findings order sterilization for the inmate, it shall, in its findings, designate what opera- tion is to be performed and its purpose; ii a male person, either the operation of vasectomy or asexualization; if a female, either the operation of salpingectomy or oophorectomy; and shall designate some competent 'surgeon, who may either be con- nected with such institution or otherwise, who shall perform the operation. If the surgeon is not connected with such institu- tion, the governing board can make reason- able terms for compensation and such fee shall' be paid from the fund provided for the maintenance of such institution in the manner provided by law.

Section 6. Such institution shall keep all files in any proceedings under this act and full minutes of such meetings, and for that

purpose the chief medical officer of such institution shall be the secretary of such board of examiners and custodian of its records.

Section 7. Except as authorized by this act, every person who shall perform, en- courage, assist in or otherwise promote the performance of either of the operations de- scribed in this act, for the purpose of de- stroying the power to procreate the human species, unless the same shall be a medical necessity, shall be fined not less than $100.00 nor more than $500.00 and imprisoned in the county jail not less than six months nor exceeding one year.

Section 8, Sections 9967, 9968, and 9969 of the General Statutes of 1915 are hereby repealed.

Section 9. This act shall take effect and be in force from and after its publication in the statute books.

Note: Sections 9967, 9968 and 9969 of the General Statutes of 1915 are the codi- fied reference to Chapter 305 of the Session Laws of 1913— this being the first eugenical sterilization law of Kansas.

12. WISCONSIN.

Date of Law: July 31, 1913.

The bill was introduced by Senator George E. Hoyt, of Menomonee Falls, Wis- consin.

It passed the Senate July 9, 1913—24 ayes, 3 noes; the House July 25, 1913 — 39 ayes, 37 noes.

It was approved July 30, 1913, by Gov- ernor Francis E. McGovern.

It appears on the Wisconsin statutes as Chapter 693 of the Laws of 1913.

AN ACT to create section 56ljm of the statutes, relating to the prevention of criminality, insanity, feeble-mindedness and epilepsy.

The people of the State of Wisconsin, rep- resented in Senate and Assembly, do enact as follows:

Section 1. There is added to the stat- utes a new section to read: Section 56ljm. The state board of control is hereby author- ized to appoint from time to time one sur- geon and one alienist of recognized ability, whose duty it shall be, in conjunction with the superintendents of the state and count} institutions who have charge of the criminal insane, feeble-minded and epileptic persons, to examine into the mental and physical con- ditions of such persons legally confined in such institutions.

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Section 2. Said board of control shall at such times as it deems advisable submit to such experts and to the superintendent of any of said institutions the names of such inmates of said institution whose mental and physical condition they desire examined, and said experts and the superintendent of said institution shall meet, take evidence and examine into the mental and physical condi- tion of such inmates and report said mental and physical condition to the said state board of control.

Section 3. If such experts and superin- tendent unanimously find that procreation is inadvisable it shall be lawful to perform such operation for the prevention of procreation as shall be decided safest and most effective; provided, however, that the operation shall not be performed except in such cases as are authorized by the said board of control.

Section 4. Before such operation shall be performed it shall be the duty of the state board of control to give at least thirty days' notice in writing to the husband or wife, parent or guardian, if the same shall be known, and if unknown, to the person with whom such inmate last resided.

Section 5. The said experts shall receive as compensation a sum to be fixed by the state board of control, which shall not ex- ceed ten dollars per day and expenses, and such experts shall only be paid for the actual number of days consumed in the perform- ance of their duties.

13. NEBRASKA.

Date of Law: July 8, 1915.

The bill was introduced on January 11, 1915, by Senator H. P. Shumway, of Wake- field, Nebraska.

It passed the Senate, January 11, 1915 — 21 ayes, 12 noes; the House, April 8, 1915 — 52 ayes, 35 noes.

It became a law without the signature of the Governor, John H. Morehead.

It appears on the Nebraska statutes as Chapter 237 of the Session Laws of 1915.

AN ACT to authorize the sterilization of feeble-minded and insane inmates of state institutions, in certain cases, and to provide for the appointment of a commission, and to define their powers and duties in connec- tion therewith.

Be it enacted by the People of the State of Nebraska:

Section 1. Hereafter no feeble-minded or insane inmate, physically capable of bear-

ing or begetting offspring, shall be paroled or discharged from the institution for the feeble-minded, or the hospitals for the insane, nor paroled from the penitentiary, reforma- tory, industrial home, industrial schools or other such state institution, except as herein- after provided, or by order of- a court of competent jurisdiction.

Section 2. Immediately after the act shall have gone into effect the board of commis- sioners of state institutions shall designate five physicians from the medical staffs of the state institutions under their jurisdiction, to constitute a board of examiners of defectives, three of which physicians shall be appointed from the institution for feeble-minded youth and the hospitals for the insane. Three members of such examining board shall constitute a quorum, and every determina- tion or order of said board must be con- curred in by at least three members thereof. The members of said board of examiners shall receive no compensation for their serv- ices as such examiners, but shall be reim- bursed their actual and necessary traveling expenses from the funds of the respective institutions whose inmates are examined by them. The personnel of said board of examiners may be changed from time to time by said board of commissioners of state institutions as may be found necessary or convenient.

Section 3. It shall be the duty of the examiners to examine into the innate traits, the mental and physical conditions, the per- sonal records, and the family traits and histories of all inmates who may be subject to parole or discharge from the institution for the feeble-minded, hospitals for the insane, the penitentiary, reformatory, indus- trial schools, industrial home, or other such state institution, and if after a careful exami- nation and investigation, such board of examiners find that such inmate is feeble- minded, or insane, that such inmate is capable of bearing or begetting offspring, that chil- dren borne or begotten by such inmate would inherit a tendency to feeble-mindedness, insanity, or degeneracy, that such children would probably become a social menace and that procreation by such inmate would be harmful to society, and that such inmate should not be paroled or discharged, as the case may be, unless sterilized, then in every such case it shall be a condition prerequisite to the parole or discharge of such inmate that said inmate be made sterile, and that such operation be performed for the preven-

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tion of procreation as in the judgment of said board of examiners shall be most appro- priate to each individual case.

Section 4. Before any such operation shall be performed, the nature, character and consequences of such operation shall be fully- explained to such inmate and to the husband, wife, parent, guardian or nearest kin of such inmate and no such operation shall be per- formed without the written consent of such husband, wife, parent, guardian, or nearest kin, as the case may be, and the assent of such inmate so far as said inmate is capable of assenting thereto.

Section 5. Said operation shall be per- formed at the institution of which such person is an inmate in the presence of a member of the examining board, and either by one of the surgeons on the staff of a state institution or by some surgeon selected and paid by the husband, wife, parent, guard- ian or nearest of kin of said inmate. 14. OREGON.

Date of Law: May 21, 1917.

The bill was introduced on January 19, 1917, by Representative Arthur K. Peck, of Marshfield, Oregon.

It passed the House, February 1, 1917 — 37 ayes, 18 noes; the Senate, February 16, 1917 — 16 ayes, 12 noes.

It was approved February 19, 1917, by Governor James Withycombe.

It appears on the Oregon statutes as Chapter 279 of the General Laws of Oregon, 1917.

AN ACT to prevent the procreation of feeble-minded, insane, epileptic, habitual criminals, moral degenerates and sexual per- verts, who may be inmates of institutions maintained by public expense, by authorizing and providing for the sterilization of persons with inferior hereditary potentialities.

Be it enacted by the People of the State of Oregon:

Section 1. There is hereby established and constituted for the State of Oregon a State Board of Eugenics which shall be com- posed of the State Board of Health, the Superintendent of the Oregon State Hos- pital, the Superintendent of the Eastern Oregon State Hospital, the Superintendent of the State Institution for Feeble-Minded, and the Superintendent of the Oregon State Penitentiary, whose duties shall be as herein- after denned. The secretary of the State Board of Health shall serve as the secretary of said Board, and the members of said Board shall serve without compensation.

Section 2. It shall be, and it is hereby declared, the duty of the Superintendent of the Oregon State Hospital, and Superintend- ent of the Eastern Oregon State Hospital, and the Superintendent of the Oregon State Penitentiary to report quarterly to the State Board of Eugenics, all feeble-minded, insane, epileptic, habitual criminals, moral degener- ates and sexual perverts, who are persons potential to producing offspring who, because of inheritance of inferior or antisocial traits, would probably become a social menace, or a ward of the State.

Section 3. It shall be the duty of the State Board of Eugenics to examine into the innate traits, the mental and physical conditions, the personsal records, and the family traits and histories of all persons so reported, so far as the same can be ascer- tained, and for this purpose said Board shall have the power to summon witnesses, and any member of said Board may administer an oath to any witness whom it is desired to examine; and if in the judgment of a majority of the said Board procreation by any such person would produce children with an inherited tendency to feeble-mindedness, insanity, epilepsy, criminality or degeneracy, and there is no probability that the condition of such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then it shall be the duty of said Board to make an order directing the superintendent of the institution in which the inmate is confined to perform or cause to be performed upon such inmate such a type of sterilization as may be deemed best by said Board.

Section 4. The purpose of said investiga- tion, findings and orders of said Board shall be for the betterment of the physical, mental, neural, or psychic condition of the inmate, or to protect society from the menace of procreation by said inmate, and not in any manner as a punitive measure; and no person shall be emasculated under the authority of this Act except that such operation shall be found to be necessary to improve the physi- cal, mental, neural, or psychic condition of the inmate.

Section 5. After fully inquiring into the condition of each of such inmates said Board shall make separate written findings for each of the inmates whose condition has been examined into, and the same shall be pre- served in the records of the said Board, and

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a copy thereof shall be furnished to the superintendent of the institution in which the inmate is confined, and if an operation is deemed necessary by said Board, then a copy of the order of said Board shall forthwith be served on said inmate, or in case of an insane person upon his legal guardian, and if such insane person have no legal guardian, then upon his nearest known kin within the State of Oregon, and if such person have no known kin within the State of Oregon, then upon the custodian guardian of such insane person.

Section 6. Any such inmate desiring to appeal from the decision of the. said Board, or in case the person is under guardianship or disability, then the guardian of said inmate may take an appeal to the circuit court of the county in which the institution in which the inmate is confined, is located.

An informal notice of appeal filed with the secretary of said Board, either by the inmate or someone in his behalf, shall be all that is necessary to make the appeal; provided, said notice shall be filed within fifteen days of the date when notice of the Board's decision is served on the inmate or his guardian, and said notice of appeal shall stay all proceedings of said Board in said matter until the same is heard and deter- mined on said appeal; provided further, that no operation shall be performed, upon any inmate, until the time for appeal from the decision of the Board has expired.

Section 7. Upon an appeal being taken, the secretary of the said Board where the notice of appeal is filed, must within fifteen days thereafter, or such further time as the court or the judge thereof may allow, trans- mit a certified copy of the notice of appeal and transcript of the proceedings, findings, and order of the Board, to the clerk of the court appealed to.

The trial shall be a trial de novo at law as provided by the statutes of the State, for the trial of actions at law. Upon such appeal, if the inmate be without sufficient financial means to employ an attorney, then such attorney shall be compensated by the State upon order of the court; and it shall be the duty of the district attorney of the county wherein such trial is had to represent the said Board.

Section 8. If the court or jury shall affirm the findings of said Board, said court shall enter a judgment, adjudging that the order of the said Board shall be carried out as herein provided; if the court fail to affirm

the decision of said Board, appealed from, then said order shall be null and void and of no further effect.

Section 9. Upon the receipt of the order fro.m the State Board of Eugenics provided for in Section 3, the superintendent of the institution to which it is directed shall, after the time for appeal has expired, or in case of appeal upon the entering of a judgment affirming the order of the Board, and it is hereby made his lawful duty to perform, or cause to be performed, such surgical oper- ation as may be specified in the order of the State Board of Eugenics. All operations shall be performed with a due regard for the physical condition of the inmate and in a safe and humane manner.

Section 10. The criminals who shall come within the operation of this law shall be those who have been convicted three or more times of a felony in the courts of any state and sentenced to serve in the peniten- tiary therefor.

Moral degenerates and sexual perverts are those who are addicted to the practice of sodomy or the crime against nature, or to other gross, bestial and perverted sexual habits and practices prohibited by statute.

Section 11. The provisions of this Act shall apply to both male and female inmates of any of the institutions designated herein.

Section 12. The State shall be liable, under this Act, only for the actual traveling expenses of the members of the Board in- curred in the performance of their duties, and the actual and necessary expense incident to the investigations of said Board and an appeal therefrom.

15. SOUTH DAKOTA.

Date of Law: July 1, 1917.

The bill was introduced on February 20, 1917, by Senator A. R. Labire of Doland, South Dakota.

It passed the Senate February 27, 1917 — 34 ayes, 9 noes; the House, February 28, 1917 — 81 ayes, 4 noes.

It was approved March 8, 1917, by Gov- ernor Peter Worbeck.

It appears on the South Dakota statutes as Chapter 236 (S. B. 257) of the Session Laws of 1917.

RELATING TO THE OPERATION OF VASECTOMY.

AN ACT entitled, An Act for the Pre- vention of the Procreation of Idiots, Imbe- ciles and Feeble-minded Persons.

Be it enacted by the Legislature of the State of South Dakota:

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Section 1. Sterilization of Defectives.

It shall be the duty of the superintendent of the State Home for Feeble-Minded Persons to examine into the mental and physical condition, the records and family history^ of the inmates of said institution with a view of determining whether it is improper or inadvisable to allow any such inmates to procreate, and to make an annual report of said examinations to the State Board of Charities and Corrections.

Section 2. Duty of Board. That it shall be the duty of said Board with the superin- tendent of said institution to carefully examine the record of each inmate and to determine whether it is improper or inadvis- able to allow any such inmates to procreate, and if a majority of them, including such superintendent, decide that the procreation by any of said inmates would produce chil- dren with a tendency to disease, feeble- mindedness, idiocy or imbecility, or, if the mental condition of any such inmate will probably be materially improved thereby, then the physician of the institution or one selected by him, shall perform the operation of vasectomy or ligation of the Fallopian tubes, as the case may be, upon such person. Section 3. Record. The superintendent of the Home for Feeble-Minded shall keep a record of all inmates operated on, with sta- tistics and notes or observations regarding its benefits, and make an annual report to the Governor of all inmates operated on, with the recorded results of said operation. B. EUGENICAL STERILIZATION

BILLS VETOED. The Governors of Pennsylvania (1905, Pennypacker; 1921, Sproul), Oregon (1909. Chamberlin), Vermont (1913, Fletcher), Ne- braska (1913, Morehead), and Idaho (1919, Davis) have vetoed sterilization bills passed by their respective legislatures. In addition to this series of vetoes, Oregon in 1913, de- clined on referendum, by vote of 41,767 for and 53,319 against, to ratify a proposed steril- ization law. Of these five states, however, Nebraska (1915) and Oregon (1917) finally succeeded in securing sterilization statutes which are now in force. Thus, disregarding the executive vetoes, the legislatures of eighteen different states have passed steriliza- tion bills.

We learn also that serious legislative efforts to enact laws of this sort have been made in the legislatures of Illinois, Minne- sota, New Hampshire, Ohio and Indiana. We may make a short summary of the

matter by saying that since 1907, practically half of the several states of the Union have taken seriously legislative consideration of the possibilities of improving the natural qualities of its citizenry by means of eugeni- cal sterilization. (See page 44, Bulletin 10 B, Eugenics Record Office, 1914.)

The full texts of eugenical sterilization bills and veto messages follow:

1. PENNSYLVANIA.

(A.) Veto of 1905.

Senate Bill 35. Passed March 21, 1905. Vetoed March 30, 1905.

a. TEXT OF BILL.

AN ACT for the prevention of idiocy.

Whereas, Heredity plays a most impor- tant part in the transmission of idiocy and imbecility; therefore,

Section 1. Be it enacted, etc., That on the first day of July after the passage of this bill, it shall be compulsory for each and every institution in the state, entrusted exclusively or especially with the care of idiots and imbe- cile children, to appoint upon its staff at least one skilled surgeon, of recognized ability, whose duty it shall be, in conjunction with the chief physician of the institution to examine the mental and physical condition of the inmates.

If, in the judgment of this Committee of Experts and Board of Trustees, procreation is inadvisable, and there is no probability of improvement of the mental condition of the inmate, it shall be lawful for the surgeon to perform such operation for the prevention of procreation as shall be decided safest and most effective; but this operation shall not be performed except in cases that have been pronounced non-improvable after one year's test in institution.

b. VETO MESSAGE.

Commonwealth of Pennsylvania

Executive Department

Harrisburg, March 30, 1905. To the Honorable, the Senate of the Com- monwealth of Pennsylvania: Gentlemen: I return herewith, without my approval Senate Bill No. 35, entitled, "An Act for the prevention of idiocy."

This bill has what may be called with propriety an attractive title. If idiocy could be prevented by an act of assembly, we may be quite sure that such an act would have long been passed and approved in this state, and that such laws would have been enacted

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in all civilized countries. The subject of the act is not the prevention of idiocy, but it is to provide that in every institution in the state, entrusted with the care of idiots and imbecile children, a neurologist, a surgeon and a physician shall be authorized to per- form an operation upon the inmates "for the prevention of procreation." What is' the nature of the operation is not described but it is such an operation as they shall decide to be "safest and most effective." It is plain that the safest and most effective method of preventing procreation would be to cut the heads off the inmates, and such authority is given by the bill to this staff of scientific experts. It is not probable that they would resort to this means for the prevention of procreation, but it is probable that they would endeavor to destroy some part of the human organism. Scientists, like all other men whose experiences have been limited to one pursuit, and whose minds have been developed in a particular direction, some-* times need to be restrained. Men of high scientific attainments are prone, in their love for technique, to lose sight of broad prin- ciples outside of their domain of thought. A surgeon may possibly be so eager to advance in skill as to be forgetful of the danger to his patient. Anatomists may be willing to gather information by the inflic- tion of pain and suffering upon helpless creatures, although a higher standard of conduct would teach them that it is far better for humanity to bear its own ills than to escape them by knowledge only secured through cruelty to other creatures. This bill, whatever good might possibly result from it if its provisions should become a law, violates the principles of ethics. These feeble-minded and imbecile children have been entrusted to the institutions by their parents or guardians for the purpose of training and instruction. It is proposed to experiment upon them, not for their instruc- tion, but in order to help society in the future. It is to be done without their con- sent, which they cannot give, and without the consent of their parents or guardians, who are responsible for their welfare. It would be in contravention of the laws which have been enacted for the establishment of these institutions. These laws have in con- templation the training and the instruction of the children. This bill assumes that they cannot be so instructed and trained. More- over, the course it is proposed to pursue would have a tendency to prevent such train-

ing and instruction. Everyone knows, whether, he be a scientist or an ordinary observer, that to destroy virility is to lessen the capacity, the energy and the spirit which lead to effort. The bill is, furthermore, illogical in its thought. Idiocy will not be prevented by the prevention of procreation among these inmates. This mental condi- tion is due to causes many of which are entirely beyond our knowledge. It existed long before there were ever such inmates of such institutions. If this plan is to be adopted, to make it effective it should be carried into operation in the world at large, and not in institutions where the inmates are watched by nurses, kept separate, and have all the care which is likely to render pro- creation there very rare, if not altogether impossible. In one of these institutions, I am reliably informed, there have only been three births in ten years. A great objection is that the bill would encourage experimen- tation upon living animals, and would be the beginning of experimentation upon liv- ing human beings, leading logically to results which can readily be forecasted. The chief physician, in charge at Elwyn, has candidly told us, in an article recently published upon "Heredity," that "Studies in heredity tend to emphasize the wisdom of those ancient peoples who taught that the healthful de- velopment of the individual and the elimina- tion of the weakling was the truest patriot- ism— springing from an abiding sense of the fulfillment of a duty to the state."

To permit such an operation would be to inflict cruelty upon a helpless class in the community which the state has undertaken to protect. However skillfully performed, it would at times lead to peritonitis, blood poisoning, lockjaw and death.

For these reasons the bill is not approved. SAME. W. PENNYPACKER.

Note: No attempt was made to pass this bill over the Governor's veto. In fact the Governor vetoed the bill after the adjourn- ment of the Legislature. (B.) Veto of 1921.

SENATE BILL 560.

Date of sterilization bill April 28, 1921.

The bill was introduced by Dr. George Woodward of Philadelphia, Pa.

It passed the Senate April 11, 1921—36 ayes, 5 noes.

It was vetoed by the Governor May 25, 1921.

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a. TEXT OF BILL. AN ACT To provide for the sterilization of inmates of institutions having the care and custody of idiotic, imbecile, epileptics, feeble-minded and insane persons in cases where such sterilization will materially improve the mental or physical condition of such per- sons and in cases where owing to the idiocy, imbecility, insanity or feeble- mindedness of such persons not being in permanent custody procreation by such persons would produce offspring similarly affected.

Section 1. Be it enacted by the Senate and House of Representatives of the Com- monwealth of Pennsylvania in General As- sembly met and it is hereby enacted by the authority of the same, That within ninety days after the first day of July one thousand nine hundred and twenty-one the board of trustees, managers or directors of each insti- tution having the care and custody of idiots, imbeciles, epileptics, insane or feeble-minded persons which institution is supported in whole or in part by appropriations made for that purpose by the General Assembly shall constitute and appoint a commission to con- sist of at least one competent neurologist and one surgeon of recognized ability who may be appointed from the regular staff of such institution, the duty of which commis- sion shall be to examine the mental and physical condition of the inmates of such institution and the personal records and family traits and histories thereof and to determine and report in writing to the board of trustees, managers or directors of said institution from time to time.

(a) In what, if any cases, the physical or mental condition of an inmate will be mate- rially benefited by sterilization, there being no" probability that such condition of the inmates can be otherwise improved, and

(b) In what, if any cases, the condition of an inmate is such that by reason of his or her imbecility, idiocy, insanity, epilepsy or feeble-mindedness procreation by the inmate would produce offspring similarly affected and there is no probability that the condition of such inmate will improve to such an extent as to render procreation by said inmate advisable. The said Commission shall accompany said reports with specific recommendations for the sterilization of the inmates reported upon with the reasons therefor and the method of sterilization recommended rn such case.

Section 2. Upon the receipt of any such report and accompanying recommendations the said board of trustees, managers or di- rectors of said institution shall consider the same and pass separately upon the case of each inmate recommended for sterilization, and if they approve any such recommenda- tion by an affirmative vote of not less than three-fourths of the members of the board, they shall record upon their minutes an order for the sterilization of the inmate so recom- mended therefor, specifying in each case the manner in which the case shall be effected; but the sterilization of no inmate in perma- nent custody shall be ordered unless it shall appear from the report of the commission that the mental or physical condition of such inmate will be materially benefited thereby, and that such condition cannot probably be otherwise improved. The said board of trustees, managers or directors shall there- upon present their petition to the court of common pleas of the county wherein such institution shall be located, reciting the recommendations of said commission and the action taken thereon by said board of trustees, managers or directors, and praying for an order of said court approving the order made in each case by the said board and directing the execution thereof.

Section 3. The said court shall there- upon set a day for the hearing of said peti- tion and order that notice in writing of the time and place and nature of such hearing shall be given to the nearest kin, guardian, committee or other legal representative of each person so ordered to be sterilized as the court may designate. If it shall appear to the satisfaction of the court that such person has no kindred, guardian, committee or other legal representative .or that his or her nearest kin, guardian, committee or other legal representative is financially unable to employ counsel to represent them the court may, in its discretion, appoint counsel to represent the person ordered to be sterilized or his or her nearest kin, guardian, committee or other legal representative at such or any further hearing or proceeding and fix the compensa- tion for the services of such counsel, which compensation shall be paid upon the order of the court by the county wherein such person so ordered to be sterilized has his or her legal settlement in Pennsylvania; or if he or she has no legal settlement therein then by the county wherein said institution is located.

Section 4. At the said hearing and the

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subsequent proceedings the board of trustees, managers or directors of said institution shall, if they so request, be represented by an assistant Attorney General. If at such hear- ing the court is satisfied that the persons ordered to be sterilized, or any of them, are severally potential to produce offspring, and that either

(a) Their mental or physical condition will be materially benefited by sterilization, and that such condition cannot probably be otherwise improved, or

(b) That by reason of their imbecility, idiocy, insanity, epilepsy or feeble-minded- ness procreation by such persons not being in permanent custody would produce off- spring similarly affected and there is no probability that the condition of such per- sons will improve to such an extent as to render procreation by them advisable, then

The said court shall order and direct that the order of said board of trustees, managers or directors be approved so far as the same relates to the sterilization of persons con- cerning the condition of which the court is satisfied as above with such modifications as may to the court seem proper and order and direct that the same be carried into execution unless an appeal from such find- ings and order shall be taken to the Supe- rior Court within thirty days from the filing of the same either by the board of trustees, managers or directors presenting said peti- tion or the representatives as above enumer- ated of any person directed to be sterilized by such order and the said Superior Court shall have power to review and affirm, modify or disapprove such findings and order and such appeal shall operate as a super- sedeas.

Section 5. When the order of any such board of trustees, managers or directors of any such institution for the sterilization of an inmate of such institution shall have been approved by the proper court of common pleas as aforesaid and no appeal to the Supe- rior Court shall have been taken from the order of said court approving the same within thirty days after . the filing of such order or if any such appeal shall have been taken then at any time after the filing of a decree of the Superior Court affirming the findings and order of the said court of com- mon pleas in the premises the person ordered to be sterilized in said order shall be steri- lized by the surgeon member of the com- mission recommending such sterilization or by such other skilled surgeon as the board

of trustees, managers or directors of said institution may select and designate in the manner designated in the order of said board unless otherwise directed by the court approving said order or by the Superior Court on appeal and any expense incurred thereby shall be defrayed by such institution. The aforesaid order shall constitute complete authority for the performance of said oper- ations and no surgeon performing the same shall be held responsible in any place for the performance thereof.

Section 6. It shall be the duty of the commissions appointed by the boards of trustees, managers or directors of each of the institutions aforesaid to keep a perma- nent record of all cases and histories examined into and of all reports and recom- mendations made by them and of all orders made and received by them and all oper- ations performed pursuant to their recom- mendations and to annually make a report in writing of such records to the Commissioner of Health of Pennsylvania. The cost of all legal proceedings not otherwise hereinbefore provided for shall be paid by the counties in which the inmates concerning which such proceedings are had shall have their re- spective legal residences or if such inmates have no legal residence then at the cost of the county in which the institution of which they are severally inmates is located.

b. VETO MESSAGE.

May 25th, 1921.

I file herewith, in the office of the Secre- tary of the Commonwealth, with my objec- tions, Senate Bill No. 560, entitled "An act to provide for the sterilization of inmates of institutions having the care and custody of idiotic, imbecile, epileptics, feeble-minded and insane persons in cases where such sterilization will materially improve the mental or physical condition of such persons, and in cases where, owing to the idiocy, imbecility, insanity or feeble-mindedness of such persons not being in permanent custody, procreation by such persons would produce offspring similarly affected."

This Bill is in clear violation of Section 1 of the Fourteenth Amendment of the Consti- tution of the United States, which provides that no State shall deny to any person within its jurisdiction the equal protection of the laws.

If the State of Pennsylvania has the power to pass an Act of this kind, providing for a surgical operation upon certain persons, it can only do so in the exercise of its police

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power, for such operation threatens possibly the life, and certainly the liberty, of the persons operated upon. The police power is the exercise by the Legislature of a State of its inherent sovereignty to enact and enforce whatever regulations are, in its judgment, demanded for the welfare of society at large in order to secure or to guard its order, safety, health or morality. The limitation of this power is that under our system of government the artificial enhancement of the public welfare by the forcible suppression of the constitutional rights of the individual is inadmissible. If the State, under the exercise of this police power, has the right to pass an Act to sterilize idiots, imbeciles, epileptics, and feeble-minded and insane persons who are inmates of certain institu- tions, it can have such right only in order to guard the health of the people of the Commonwealth. If such a power exists in the case of idiots, imbeciles, epileptics, and feeble-minded and insane persons in institu- tions, and is exercised for the protection of the public health it may be exercised with regard to many other diseases, for idiots, imbeciles, epileptics, and feeble-minded and insane persons are not the only persons injuriously affecting the welfare of society by procreation of offspring. If, therefore, the Legislature may, under the police power, theoretically benefit the next generation by the sterilization of persons enumerated in this Bill, it may and should pursue a like course with respect to persons affected with many other communicable diseases of a character such as to threaten the health of posterity.

Besides those afflicted with physical or mental diseases, many other persons might be undesirable citizens in the opinion of the majority of a Legislature.

This Bill is based upon a classification of such a nature that the persons included within it are not afforded the equal protec- tion of the laws under the Fourteenth Amendment of the Constitution of the United States, which provides that no State shall deny to any person within its juris- diction the equal protection of the laws. It relates only to those persons afflicted with the diseases enumerated in the Bill who are inmates of institutions maintained in whole or in part by the State. If the purpose to be achieved by the Bill is the sterilization of persons afflicted with the diseases enu- merated in order to prevent procreation and, therefore, protect the health of the

future generations, all persons afflicted with those diseases should be included within the terms of the Bill. If the object sought for requires the sterilization of the class, then it requires the sterilization of all of that class, whether they are confined in in- stitutions maintained in whole or in part by the State or whether they are not con- fined. In fact, there is more danger to be apprehended from persons afflicted with idiocy, imbecility, epilepsy, feeble-minded- ness and insanity who are at large than those who are confined in institutions main- tained in whole or in part by the State, who are presumed to be confined in such a man- ner that they have no opportunities for procreation.

For these reasons the bill is not ap- proved.

WM. C. SPROUL.

(C.) Notes on the Situation in Pennsyl- vania.

(a) Legislative Record of other steriliza- tion bills in Pennsylvania.

1911, House Bill 500.

Passed House. Passed second reading in Senate. Recom- mitted and died in committee in Senate.

1913, Senate Bill 367.

Died in committee.

1913, House Bill 365.

Defeated on final passage in House.

1915, House Bill 431.

Died in committee.

1915, House Bill 420.

Died in committee.

1917, House Bill 1262.

Died in committee.

1919, House Bill 673.

Defeated on final passage in House.

1919, House Bill 375.

Reported from committee with negative recommenda- tions.

(b) Many of the institutional, medical and social authorities of Pennsyl- vania have been working for the en- actment of a satisfactory eugenical sterilization law.

Dr. H. W. Mitchell, Secretary-Treasurer of the American Medico-Psychological As- sociation and Superintendent of the State Hospital at Warren, Pa., prior to the veto of 1921 wrote (October 16, 1920):

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"I have recently had a long interview with Dr. Martin, the present head of the Department, who informs me, that if there can be practically unanimous support from the men interested in the conduct of in- sane hospitals, feeble-minded, etc., he will see that the bill is re-introduced with the backing of his Department — providing, fur- ther, that the example of other States can be cited in the legislative discussion of the proposed measure."

"In conversations with men engaged in similar work in this State, I find that few of the physicians would care to assume the sole responsibility of determining when the provision of the act should be applied to a concrete case. I should not expect any wholesale activity under the act, even if it were passed, but many cases would occur in the course of hospital operations for a year to which it could be unquestionably applied, to advantage of all concerned."

"At this hospital we are quietly using the method occasionally, with the consent of all concerned, though the surgical treatment is given in some general hospital."

James F. McCoy, Executive Secretary of the Department of Health of the Common- wealth of Pennsylvania, writes (June 8, 1921):

"Unfortunately, the Eugenical Steriliza- tion Bill which passed the Legislature in April was vetoed by Governor Sproul. I drew the bill under the direction of the Commissioner of Health, Colonel Edward Martin, and managed to secure its final passage but the Governor took the position that it was too drastic and that the state was not prepared for it."

2. OREGON. (A.) Bill vetoed.

Sterilization bill introduced by Coffey. Senate bill No. 68.

Passed by the House February 17, 1909 — 50 ayes, 5 noes, absent or non-voting 5.

Passed by the Senate February 1, 1909 — 20 ayes, 10 noes, absent or non-voting none.

Vetoed by Governor Geo. E. Chamberlain February 22, 1909.

a. TEXT OF BILL.

For an act entitled an act to prevent pro- creation of confirmed criminals, insane per- sons, idiots, imbeciles and rapists; providing that superintendents and boards of man- agers of institutions where such persons are confined shall have the authority and are empowered to appoint a committee of ex- perts, consisting of two (2) physicians, to examine into the mental condition of such inmates, and to define who shall be deemed

confirmed criminals within the provisions of this act.

Be it enacted by the people of the State of Oregon:

Be it enacted by the Legislative Assembly of the State of Oregon:

Section 1. From and after the passage of this act it shall be compulsory for each and every institution in the state intrusted with the care of confirmed criminals, insane per- sons, idiots, rapists and imbeciles, to ap- point upon its staff, in addition to the reg- ular institutional physicians, two (2) skilled surgeons of recognized ability, whose duty it shall be, in conjunction with the chief physician of the institution, to examine the mental and physical condition of such in- mates as are recommended by the institu- tional physician and board of managers. If, in the judgment of this committee of ex- perts and the board of managers, procrea- tion is inadvisable, and there is no prob- ability of improvement of the mental con- dition of the inmates, it shall be lawful for the surgeons to perform such operation for the prevention of procreation as shall be decided safest and most effective; but this operation shall not be performed except in cases that have been pronounced unimprov- able.

The term "confirmed criminals," as con- tained in this act, shall be deemed to apply to and include all persons serving a third term in any penitentiary or penal institu- tion upon conviction of a felony.

b. VETO MESSAGE.

Salem, February 22, 1909. To the President and Members of the Senate: I return you herewith Senate Bill No. 68, with my disapproval. It provides to make it compulsory for each and every institu- tion in the State intrusted with the care of confirmed criminals, insane persons, idiots, rapists and imbeciles to appoint upon its staff, in addition to the regular institutional physicians, two skilled surgeons of recog- nized ability, whose duty it shall be, in conjunction with the chief physician of the institution, to examine the mental and physical condition of such as are recom- mended by the institutional physician and board of managers. If, in the judgment of this committee of experts and the board of managers, procreation is- inadvisable, and there is no probability of improved mental condition of the inmate, it shall be lawful

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for the surgeons to perform such operation for the prevention of procreation as shall be decided safest and most effective, but the operation shall not be performed except in cases that have been pronounced unim- provable.

It will be observed from a reading of