The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-28
LAW IN EFFECT 3 YEARS

Visable to allow to procreate. Het
with Bissell in prison and subject to eX-
aminations by prison physicians, with
his record constantly before the state.
no action was taken and the man was
paroled 10 months I'm advance of the
expiration of his term and given citi-
zenship papers by the governor within
a month of the assault and murder of
Edna Dinsmore.
Existence of the law is shown in
Chapter sos, pages 525-26 of the Ses-
sion Laws of 1913. The act is known
as House Bill No. 617. 1t is entitled
''An act to prevent the procreation of
habitual criminals idiots, epileptics
imbeciles. and insane, and providing
a penalty for the violation thereof"
The act was returned to the legislature
March II, 1913, unsigned by the gov
ernor. The bill became a law without
the executive signature.
Provisions of the Law.
Briefly the law provides:
THAT it shall be the duty of the
managing officers of all state institu-
lions of this state entrusted with the
care or custody of habitual criminals.
idiots. epileptics, imbeciles and insane
and they are hereby authorized and
directed to obtain the advice and pro-
feSsiOnal services of competent surgi-
cal assistants, who, Jointly with the
physician or surgeon in charge of the
institution in which any of such in
mates shall be, shall constitute the au-
thOrity whose duty it shall be to ex-
anime such inmate or inmates of the
several institutions as are deemed to
be imDrcVer and inadvisab Die to allow
to procreate- Such authority shall ex-
anime the physical and mental condi-
ton of such inmate or inmates, the
history thereof as far as can be ascer-
tanned. and if, in the judgment of such
authority, procreation by any such in
dren with an inherited tendency to
crime. insanity, feeble mindedness
epilepsy, idiocy or imbecility, and
there is no probability that the condf-
ton of any such inmate or inmates so
examined shall improve to such as
extent as to render procreation by any
such inmate or Inmates advisable, or
if the physical or mental condition of
any such persons will be materially
improved thereby, then said authority
shall report their conclusions with d
recommendation to the district court
or any court of competent jurisdiction
in and for the district from which such
inmate or inmates has been confined
to such institution or institutions"
Does Not Stop There
The law then provides for the treat
ment of inmates. But the law doesn' t
stop there. 1t provides a penalty of
$1,000 for improper operation of the
law. That isn't all. 1t provides a fine
of 500 and Jail sentence of thirty
days for officials who shall fail or re-
fuse to observe provisions of the law.
The penalty is contained in section 8
of the act. 1t provides:
ANY managing officers herein
charged with any duty specified in
section 1, who shall fail, neglect, or
refuse for sixty days or more in the
performance thereof, shall be guilty
of a misdemeanor and subject to a
fine of 500 or imprisonment in the
county Jail for not more than thirty
days, or both such fine and imprison-
ment."
The law has been on the statute
books for three years and cases such
as those of this man Bissell were most
certainly within the operation of the
act" said Judge Schoch today.
Yet no action was taken. In fact
| Bissell was made a free man in the
face of his record