New Britain herald., 1928-12-05
Lindsey OPPOSES
BIRTH CONTROL
Discusses Decision Of Cleveland
Judge Enforcing No Children

Los Angeles, Calif.. Dec. S.-(UP)
Judge Ben B. Lindsey. famous
Denver Judge and champion Of COM
panionate marriage, is opposed to
compulsory birth control.
II cannot agree that any court
has the right to impose birth con-
troll on a man or woman" Lindsey
said, In a statement to the United
Press, commenting on unique de-
cision handed down by a Cleveland
Ohio Judge sentencing young
couple to three years Of birth con-
troll.
Judge Lindsey recognized. how
ever, the precedent established by
the Jacksonville Cleveland deci-
sion is unique In that the Judge
recognizes the legality of birth con-
troll" Lindsey said.
Judge Harrison Ewing, Of the
! Cleveland, Ohio common pleas
court, told MIR. and Mrs. Otto
Kourim they must refrain from hav-
/ ing children for three years This
dictum was in answer to the couple
petition for a divorce. The divorce
was refused Kourim was earning
SEA a week. There were three chill
dren born in three years Judge
I Ewing said this was entirely too
many to raise on kourim's salary.
No Legal Right
| Apprised of the Cleveland judges
action, Judge Lindsey told the United
Press that in his opinion no Judge
legally has the right to say to any
man or woman" you shall not have
children"
Judge Lindsey meanwhile intends
to carry on his fight for the "oppor-
tunity for the freedom Of choice OF
women in this country to have their
children when they want them and
not on a basis OF chance"
Noble Thing
New York, Dec. 5.-(UP)-Con.
sensus of leading advocates OF birth
control here today was that Judge
Harrison Ewing of Cleveland com.
mon pleas court did a noble thing ir
ordering Mr.. and Mrs. Otto kourin
not to have any children in the mex
three years
DR.. James F. Cooper, medical di.
rector of the clinical research de-
partment of the American brit
control league. told the United Pres.
he believed Judge Ewing did well t.
recommend such q solution to the
domestic difficulties OF the Kourim.
who were trying to support three
children on Kourim's s24 weet
salary. DR.. Cooper said he believed
the judge used sagacity in refusing
to break up the kourim home.
DIR. Cooper is author of 9TH,
Technique of Contfaception." {
treatise on birth control which onl!
the medical profession may lawful.
possess.
May Give Advice
Under Ohio laws, any physician
may advise married folk on brit
control If 1t is deemed wise TO
economic or health reasons. In New
York state 1t is unlawful to give on
contraceptive advice.
Officials of the birth control clint,
Of the league in New York city, hav,
found by observation since 1928 tina
more than half the cases appealin,
to the clinic included men or WON
en- with incomes less than the in
dustrial conference boards $36 t,
$40 week estimated standard liv
ing cost for family of mother
father and three children.
The Kourim family is exactly thi
size-the size of family adopted b
all statistical experts as the aver
age family.
DIR. Cooper complained that tn
New York state law has prevente
the league from helping in case
, where advice might have brough
about cure or prevention OF diseas,
, Mrs. +. Robertson Jones' presider
: of the American Birth Contrt
league, championed Judge Ewin
r and said. lack of birth contre
, causes a great deal of marital un
= happiness"