The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-06-24
Operation of Vaseotomy Can.
not be Performed in Iowa on
Those Twice Convicted Of a
Felony.
HELD TO BE CRUEL
AMI UNUSUAL PENALTY
Statute Violates Constitution
of United States and There
fore Unconstitutional 0pin-
ion of Feeral Judge.
Lnr I.cased wIre 70 EvcnlnE neraId.l

Keokuk, la. June - The Iowa
vnaectomy ur sterilization law. pass
ed by the last general assembly was
declared unconstitutional null ana
void in "a decision filed by Judge
smith Mcpherson ~ Red oak. Ia"
| United states district judge OF the
southern district of Iowa, here today.
The decision. which was written lay
Judge Mcpherson, and affects similar
laws Ia other states. grants the writ
of temporary injunction applied Tor
by Rudolph Davis. an inmate &c he
state peuitentlary. eniu.nlnE the
members Of the board Of parole, the
warden and the pcnitentiary Ph'si-
cian from causing the operation OF
vasectomy To be performed upon IN"
/ complainant.
The case. says the decision, "is
! one of diversity of citizenship. with
| federal questions presented by bill
/ In equity with an application Tor a
temporary injunction Go restrain de-
| PENDANTS as state officers from en-
forcing chapter tS7 Of the cast ot
I the thirty-hfth general assembly
N9i3l. authorizing surgical opera =
ton called vascctomy on idiots. fee
hie- niansd. druakards. drug ficnds.
! epileptlcs. syphlitics. moral and SEX
ual pervcrts. and mandatory as To
criminals who have been twice CON
victed of felony
The statute In question provides
that certain persons may be- subject
ed to the surgical operation. but the
latter part OF section ] provides that
such operations shall he performed
upon prisoners who have been twice
convicted OF felony such as the
malainant
Complainant In his verified hin al
legcs that the statute is in violation
of. the United states constitution if
that there b. tu he no indictment oi
trial that the statute abridges hi'
pri,lle and that he Is denied due
process or law that the statute IL ir
conflict with the Iowa constitution
In that the statute denies the inalieu
able right tu enjoy life, liberty nn'
to pursue ana obtain safety ana hap
piness that there is no jury trin
awarded him and that the statute
provides cruel and unusual punish
ment
when Blackstone wrote his Com
mcnttries hc did not mention castru
tion as one OF the cruel punishment'
quite likely Tor the reason that viii
the advance at civilization the opera
tion was looked upon as too crue
and waa no longer performed. Bu
each operation is 10 destroy the pow
er OF procreation. II is. oi course
to follow the man during the balunc
of his life The physical sufferinl
may not be- go great bat that rs no
the only test of cruel punishmeut
. the humiliation. the DEGRADATION. TN
mental suffering are always presen
and known oy the public and viii fol
low him wheresoeHer he may 3,
This belongs to the dark ages.
; This statute not only allows hu
: commands the operation Of yasccto
b my tu be performed upon an twir
/ convicted coz felony 4 felony b
. Iowa is not only murder arson. rap'
O couuterfeiung and other seriou
/ | crimes known ar felunirs boz the com
mon law but thcy have been niue
, extended under the lows statutei
Z and some things are now frlunie
4 which until recently wore Wisdt
mefnoIs with trials before "a iustiy
, of the peace. ur else mo- crime at al
] wife abandonment cutting rlegtri
% ught wires. hrcakinr su rlrctr
globe obstr1,tinE highway uuiaster
d iug strap iu harness and 0the
, things. 80 that .f person commit
two or more or these. De- is tD bs sut
iected Goo the uperauuu 10 thH ststui
, is enforced
We hold the statute tu hs ,vid AN
!, unite in holding that tempomr
+. writ of Injunction should Doe ISSUED d