The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1914-01-22
NO EFFECT ON LOCAL LICENSES
County Clerk Jones Will Insist on Pre-
sentation of Certificates of Examiaa-
tion Until Law Has Been Declared
Invalid by the Supreme Court.


went into effect IN Kenosaa county and
all other counties in Wisconsin on the
fist of January, was declared uncon
stitutional by Judge F. G. Eschweiller
in the circuit court at Milwaukee on
Tuesday afternoon after he had heard
evidence in the first action brought
to test the law. The action of the
court will not stop the enforcement of
the law as it is certain that an appeal
will be taken to the supreme court.
County Clerk Jones was shown q
copy of the decision today, but this
made no difference in the issuance of
licenses in this county and the certi-
fcate will continue to be demanded I'M
til such a time as the law is held in
valid by the supreme court Of the
state.
Among other things the court says
the law, which provides for a physi-
clans certificate of health, including
the Wasserman test, is violative of the
rights secured by the constitution, and
that it conflicts with religious liberty
because it tends to halt marriages.
The court disagreed with the recent
ruling of Attorney General Walter G.
Owen, who held that the law did not
require the Wasserman test.
If the Wasserman test and others
are not applied, = the court, says, the
doctor giving the arspliea IA q efeea bill
of health would place himself liable
to the law against perjury owing to
his false statements, and his license
would be subject to revocation
Praises Intention of Legislators.
The court praised the intentions of
the legislators in forming the law and
said it was an effort to permit mar
riages only when the prospective
bridegrooms were free from all ven
ereal diseases after all that can be
done by medical science to determine
that fact has been done
The law also is praised because of
its movement toward suppression of
sexual diseases, but is condemned be-
carse its enforcement IS practically
an impossibility.
The physician 5 fee at So is held to
be unreasonable.
The court held that if the state
wishes to exercise it's right for pre-
venting undesirables from marriage it
should assume the burden Of wedding
out the unfit and thereby not cast upon
the fit an unfair demand and thus ma
terially impair an inalienable right.
The prayer of the plaintiff that the
law was class legislation by demand
ing tests from men only is refused
The judge said this was legislative
right. He also overruled the objection
to the clause in the law which provides
that all examining physicians must be
thirty years old or older because that
feature of the law does not affect the
rights of the petitioner.
Holds Full Examination Necessary.
Judge Eschweiler contended that the
physician making the tests must make
full and complete investigation him
self, according to the wording of the
law.
Alfred Peterson and Miss Hattie
Schmidt made application for a mar
riage license at the Office of the Mil
waukee county clerk on January 2, the
day on which the Wisconsin eugeniC
law went into force Clerk Widule
refused the petition because the mar
did not have a certificate of health
from a physician as demanded by the
law.
Peterson Immediately sought re
course in the courts, and today's de
cision by Judge Eschweiler will enable
him to obtain the marriage license
without the medical examination. The
supreme court, it is expected will BIZ
asked for final ruling on the consti
nationality of the measure.
Many marriages have been held il
Wisconsin since the law went into eff
feet, but the Milwaukee case was the
| only court action begun.