Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1914-06-24
EUGENIC LAW SUSTAINED.
Supreme Court Decides Marriage
Law Valid But Need Not In
clude Wasserman Test.

Madison, Wis, June 17.-In a
decision by the state supreme court
today the eugenic marriage license
law is held constitutional. The high
est state tribunal reversed the deci-
sion of the Milwaukee county circuit
court which issued a writ of manda-
mus on the county clerk of Milwaukee
county ordering him to issue mar
riage license to Alfred A. Peterson
without compliance with the eugenic
test law which was passed at the last
session of the legislature.
Louis G. Widule, the Milwaukee
clerk, who was defendant in the lower
court, took the appeal to the supreme
court maintaining hat this action re-
curing the physical test of male
applicants was in conformance with
the laws and constitution of the
state.
Justices Marshal and Vinji dissent
ed from the majority of the court in
the opinion on the case.
This appeal was brought to test
the constitutionality of the eugenic
marriage law which requires male
applicants for marriage licenses to
undergo physical tests as condition
to granting of license.
In this action the state and county,
by counsel claimed the law is in the
direction of health preservation and
prevention of disease, and as such is
within the police power. They re-
called laws prohibiting marriage of
near relatives and insane persons and
idiots, which have long been in force
in Wisconsin. They said that
venereal diseases has been recognized
as such a menace to health as to con-
stitute ground for repudiating con-
tract to marry. They argued that
the legislature did not intend that
the Wasserman test should be applied
in every case.
Here is case, 'says the court, -,
where the legislature must be presum
practitioner can make the Wasser-
man test and yet provided for the
application of the recognized tests
by every practitioner over 80 years
of age. When we consider this fact
in connection with the other facts
that there are other recognized tests,
which can be made by all physicians
with we'll equipped laboratory, it
seems quite impossible to believe
that it was seriously expected that
the Wasserman test was considered.
81 In view of all these facts and in
view of the fact that the Legislature
wished to reach practical and possible
results, it seems unreasonable to sup
pose that it intended to prescribe
tests which the great majority of
physicians were not able to make. -
While Justice Timlin concurred in
the opinion of the laws cOnstitu
tionality he gives the law itself an I'M
merciful scoring. He says he has no
sympathy with the statute, as he
thinks it tends more to discourage
marriage than to prevent the spread
of venereal disease. He says, in part ::
"All experience goes to show that
laws making marriage expensive or
difficult or subject to Objectionable
requirments tend to increase illegiti
mate sexual intercourse. In case a
marriage engagement is announced
year or thereabouts before marriage,
and the prospective groom fails to
pass the examination, and must
either break the engagement or re-
sort to the scandalous or notifying
appeal to the county judge neither
the bride nor her parents are allowed
to disclose any matter relating or
pertaining to the examination of the
applicant for license to marry. This
may be a great damage to the girl,
give rise to unworthy suspicion and
gossip, and the penalties imposed on
persons making such disclosure are
think, exorbitant and unreasonable,
as are those imposed on the county
clerk who shall unlawfully issue a
license. But | think this part of the
act can be held invalid without affect
ing the validity of that portion of the
act requiring an examination and
certificate from a licensed phys
ician