Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1914-06-25
vASECTOMY LAW IS
DECLARED INVALID.
Decision by Judge Mcpherson
AnnuIts Enactment by Last
Legislative Session
in Iowa.

keokuk Ia. June 25-1,he Iowa va
sectomN, or sterilization law passed by
the last general assembly, was declared
unconstitutional, null and void in a de-
cision filed bN Judge Smith McPher-
son, of Red Oak, Ia. United States dis
trict judge of the southern district of
Iowa, here today
The decision. which was written by
Judge Mcpherson. and affects similar
laws in other states. grants the writ
of temporary injunction applied for by
Rudolph Davis. an inmate of the state
penitentiary. enjoining the members of
the board of parole, the warden and the
penitentiary physician from causing
the operation of vasectomy to be per-
formed upon the complainant.
Judge Walter |. Smith, United States
circuit iud~e for this, the Eight dis
trict, and Judge John c. Pollock, Uni
ted states district judge for the dis
trict of Kansas, concurred with Judge
Mcpherson.
The defendants in the case were Will
liam II. Berry, John r. Howe and Da-
vid G. Mott. constituting the Iowa state
board of parole; James G. Sanders,
warden of the penitentiary. and Austin
F. PhilpStt. penitentiary physician.
An extract follows from the conclu-
sions of the court:
Taxes Poke at Euaenics.
All persons eoncede that it would be
better for society. II some men did not
tally weak children and criminal.y in
cline,l are brought into the world, often
times to their own shame and against
not in the minimum? And must the mar
riage relation be formed under these
newly conceived laws based upon the
allowed to take the place of the mar
riage relation formed along the true lines? :?
Must the marriage relation be based and
teachings of the farmer in selecting his
male ANIMALS to be mated with certain
female animals only?
This statute not only allows but com
| mands the operation of vaseciomy to be
performed upon all twice convicted of a
felony. A felony in Iowa is not only muir
serious crimes known as felonies at the
common law, but they have been much
extended under the Iowa statute. and
some things are now feonies which until
recently We're misdemeanors with trials
before a justice of the peace, or else no
crime at all; wife abandonment cutting
electric light wires. breaking an electric
globe. obstructng highway unfastenng
a strap i'm harness and other things.
So that if a person commits two or more
of these. he is to be subjected to the
operation if this statute is enforced.
| Prisoner Not Protected.
| And it is of no Importance in argument
| whether tho prison physician does this on
his own motion or under an order OF the
state board of parole. The hearing Is by
an administrative board officer. There
| is no actual hearing. There is evil
dence. The proceedings are private. The
public does not know what is being done
until ii is done. Witnesses are not pro-
duced, or il produced they are not cross
examined What records are examined Is
not known. The prisoner is not advised OF
| the proceedings until ordered to submit
to the operation And yet i'm many cases
there will be involved serious contro-
| verified question of fact. The records OF
| two convictions may show the same name
of the party or parties convicted: but
I there are many men of the same name
| but which is no proof that the person III
| the one case is the same person convicted
| in the other case. 1t is common knowl-
edge that many prisoners take assumed
names. Who is to determine whether the
| various names represent one and the
same person. And il one of the convic
| tions was in another state. the questio.
| will arise whether it was for II felony
These are inquiries that must he held ii,
the open. with fun opportunities To pre-
sent evidence and argument for ant
against. To uphold this statute it must
be affirmed that the board OF parole oI
prison physician must hear the evidence
land examine laws of other states with
1, out notice and i'm the prisoners absence
and determine these questions. And il
| ]determned adversely, the prisoner has
| no remedy. but must submit To the OPP
Grafton