The Barre daily times. (Barre, Vt.) 1897-1959, 1913-02-01
REASONS FOR VETOING
STERILIZATION BILL
Continued from first pase)

thoot VI tue unfortunate Glasses nhintu
who are unfortunate enough TO be &C
tually confined lin the hospitals for tn
insane, state prison, reformatories an'
charitable and penal institutions in TIN
state" Those equally unfortunate ex
cept IN the matter of actual confine
ment, including the criminals whose sen
fences have been completed, and al
having greater opportunity TO perpetu
ate the evil which this bill seeks Il
guard against, are immune from thu
operation of this act.
In my judgment this is an unfair
unjust, unwarranted and inexcusable dis
elimination which ought not to be, and
cannot be tolerated under the supreme
law, the constitutions of this state.
II there be anything of merit in the
claims made by the advocates OF this
measure, and | do not attempt TO say
there is not, Just why the Predetermined
or imbecile wife of kind hearted and
tolerant husband should be permitted
to give birth to offspring, is quite be-
yond my comprehension, and yet in
stances of this kind are within the
knowledge OF almost every person OF
mature years. Instances of this kind
are not confined to cases of the inn
beetle wife but the suggestion applies
equally to cases of the degenerate and
imbecile husband OF the kind hearted
and tolerant wife who has sufficient
means and sufficient pride to in meas.
ure conceal the actual condition of her
husband.
In short, the idea meant to be con-
yeyed is this, that this section con
tains such an unreasonable discrimina-
ton and classification as renders the act
void under the constitution of this state.
Again referring to section . of the
act, il is here provided that the act
shall not apply to women over forty
five years of age or over. While 1t
may be true that women forty-five
years of age or over as a general rule
do not conceive and give birth to chill
dren, ii is an undisputed fact well
known, not only TO the medical profess
sion, but in common experience, that
women of that age do conceive and give
birth to children. Here again is an
unwarranted and inexcusable discrim-
nation and classification which rem
ders the act in my judgment, void un-
der our constitution.
In this connection permit me to say,
that this discrimination would seem UNI
necessary and unwarranted because if It
be true as the act assumes, that con
ception in women of forty five years
or over is impossible, the execution Of
this law would not deprive the individ-
ual of a God-given power or function.
Again calling your attention to the
in section 2, which perhaps |
| may be permitted to call the ina
chinery" for carrying the provisions OF
this act into effect, it seems apparent
to me that these provisions are wholly /
unjust and insufficient. In i
this connection it ought to be sutfi- 4
,ient to call attention to the fact that
this act applies TO the insane and fee
in hospitals for insane and
charitable institutions OF this state and
hat the provisions for final hearing
provides only for notice in writing de-
ivered TO such insane or feeble minded
PERSONS (which shall plainly state, time,
lace and purpose thereof" and in case :
he person is minor or under guard
anship, a copy OF such notice shall be t
nailed to such parent or guardian az G
he case may be, addressed to his last t
nown residence at least six days before c
aid hearing There is also the fur r
her provision that the board provided
Dr. "Shall hear such person in his de- Y
snse, if he appears and requests such il
caring And at such hearing such per G
IN shall have a right to introduce wit b
nsses and proofs and be represented II
! counsel Said board shall give such
,rson a fair and impartial trial" 81
Absolutely no provision is made to in
liable such insane person or persons
mined in charitable institution to
near before said board and secure
ch impartial trial and the fact that ~
oh person is absolutely incapable of
aking request or of performing any
gal act. is utterly ignored, 1t is also
divided that upon such proof as may &c
adduced said board may decide the OF
estion involved. From their decision pa
appeal of any kind is provided for. es
lere is absolutely no provision regard
2 the quality of the evidence which
id board may receive. In other words,
der the provisions of this act, the
eision of the board is absolute and
al.
In this respect an act Of this Kind IS
DfbTu OI anu 1uQSi
CHI provision, land could not be TAX
for public highway, as has been
held by the supreme court
this state. it is not due process of
y. Much less ought it to be enacted
1T individuals may be deprived of God a
zen powers, functions and rights in
h manner.
Perhaps ought also to call your at L
ltion TO section of this act. 1t IS
this section provided that Persons
o shall come within the provisions
this law as criminals, and not other
g. shall be those who have been con-
ted of the crime of rape or of such
cession of offenses against the Grim
/ law as in the opinion of said board
III be deemed to be sufficient evil
zee of confirmed criminal tendency"
Jndcr this section and the other pro-
ions OF this act, il is in effect pro-
ed that this board may inflict an roc
litional penalty for crime long be- va.
e committed and the legal penalty 90 !
which has been already paid and Az.
haps upon person who has been tho
,rmed by the payment of such pen Ter
I as the law presumes until further o.,
nse is committed. IL seems hardly 80,
assary TO suggest that such provi
eoitiaNs g inc eohs.ltu.loh' dea
sisteney seems to have been reached !;
cction Z of this measure. Under the -.
visions of this section. both lunatic ~;
imbecile are permitted to do that -,