The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1915-01-29
EUGENICS BILL
BOARD OF HEALTH MUST PASS
ON FITNESS BEFORE MAR
RAGE LICENSE Is ISSUED.

Pierre, Jan. 29.-South Dakota is
TO have a sure enough eugenics bill.
The legislature will be asked to pass
upon such a bill that will be intro
duced by Representative Walter G..
Jacobs, at the behest of the Social
Science club at Aberdeen.
The provisions of this bill are sub
stantially as follows: The bill makes
II unlawful for the clerks of court
of any county issuing a marriage IL
cense to any applicant unless such
applicant presents a certificate of fit
ness signed by the superintendent of
the county board of health OF the
county where the application for a IL
cense is made.
The certificate must show that
neither of the persons contracting
marital relations have any commun-
icable disease or any mental or physi-
cal defects which would make him or
her unfit to propagate their race.
These certificates of fitness must
be procured within thirty days OF the
day on which the marriage license Is
applied for, and must be made on
blanks furnished by the state board
of health. The examining officer
shall be paid the sum of SIS for such
an examination and certificate, such
sum to be paid by the applicant. in
case a laboratory test is necessary to
determine whether or not any com
municable disease exists the state
board of health may authorize the
examining officer to collect a reason
able fee from the applicant, such fee
not to exceed the sum of $40.
No certificates of fitness shall be
issued where either or both of the
applicants is weak minded. imbecile.
idiotic, epileptic, syphilis or insane,
or afflicted with any transmissable
or communicable disease. unless the
persons so afflicted shall have sub
mitted voluntarily to vaseetomy or 10
the resection of the fallopian tubes,
as the case may be.
The examining officer must within
three days report all examinations
made TO the state board of health. He
must also Immediately inform the ap-
piicant of his decision where certifi-
Gates of fitness cannot be granted,
and he is required to present such
applicant, free of charge. with a copy
of his report TO the state health de
partment. The state board of health
department must adopt a mode of
procedure for the prompt reconsider
alton of all cases decided adversely
by the county health superintendent.
For making any false statements
for the purpose of procuring a GER
tificate of fitness, a fine of from 500
TO $500 or a term not to exceed six
months in the county Jail or both fine
and Imprisonment, is provided. Any
county clerk granting a marriage Ii
cense without such certificate of fit
ness, is subject to a fine of $500.
If any resident of South Dakota,
with intent to evade the provisions
of this statute, moves into another
state and is married, with the inten-
ton of afterwards returning to this
state to reside, such marriage is void,
and such person or persons shall be
subject to the provisions of this act,
provided hat this provision shall not
apply to persons. who in good faith
become citizens of any other state.
This bill differs from the one of
1913 in that il takes the duty of
making the examinations out of the
hands of the general practitioner and
places this among the duties of the
county board of health s~uperintend-
ents, Illus being directly under juris-
diction of the state health depart
ment.
Another provision eliminated from
the bill of two years ago is the COM
pulsory sterilization provisions. In
this new measure the sterilization
provision is made optional with the
applicant.
This bill was drafted by a COM
mittee from the Aberdeen Social
Science club composed of former
Gov. Charles N. Herreid. DR.. r. l..
Murdy and Prof. C. ID. Poore.