The Waterbury Democrat., 1939-08-24

Orandum.
 gerald power to destroy as "nui- sances", hundreds of contraceptives seized in a raid, June 12, at the H. s. Chase Memorial dispensary, Field street.
 Guilt Fixed
 Section 6246 fixes a precise stan- dard of guilt and is constitutional" says Judge McEvoy in his memor- andum of decision.
 "This is not a situation in which the defendants (Maternal Health Center and Connecticut Birth Con- trol league} were honestly mistaken as to the meaning or interpretation of Section 6246, but it is situation brought about by the express inten- ton of both defendants to defy and violate the clearly expressed inten- ton of the legislature" the decision continues.
 Under the circumstances the de- fendants must obey and respect the law" continued Judge McEvoy. He quotes previous law in stating, If not, the defendants must choose be- tween conforming to the law and taking the consequences of its vio- lation."
 Attorney J. Warren Upson ex- pressed intention today of filing an appeal to the supreme court of er- TOTS. from the decision of Judge McEvoy.
 Demurrers Sustained
 A month ago, Judge Kenneth Wynne sustained demurrers of two doctors and a nurse, who were ar rested on charges of violating the birth control statute. Judge Wynne, in decision which ultimately will cause the discharge of the three criminal cases from superior court, held that the statute is unconstitu- tional unless it allows physicians and nurses to disseminate birth control knowledge.
 States Attorney Fitzgerald con- tends that the statute provides no exceptions, and that his province is to act in strict accordance with the statute.
 The contraceptives ordered de- stroyed by Judge McEvoy are the property of the Waterbury Maternal Health Center and the Connecticut Birth Control League. Mrs. Clara McTernan, president of the health center: Dr. Roger B. Nelson and Dr. William A. Goodrich are the three against whom States Attor- ney Fitzgerald instituted criminal action.
 The criminal procedure followed a raid on the clinic June 12 by County Detective Roland G. filling and Deputy Sheriff Al Francis. They were armed with a search warrant issued by Judge McEvoy at the re- quest of MT. Fitzgerald.
 Law Violated
 Judge McEvoy said yesterday in his decision that the articles were held and used by the defendants in violation of the law as laid down in Section 6246." It is this section which Judge Wynne held unconstitu- tional unless exceptions were granted.
 "They are nuisances under the provisions of Section 6239 and 6441 and ought to be destroyed" con- tinues Judge McEvoy. A complete history of the birth control laws is contained in his lengthy decision.
 Judge McEvoy included in his decision a complete list of the ar- ticles seized, which are to be de- stroyed. He stipulates, however, that the destruction is to be deferred until the criminal case is disposed of. An appeal to the supreme court of errors by Attorney J. Warren Upson, counsel for the birth control groups, will also stay the hand of the states attorney in that respect.
 Judge McEvoy does not allude to Judge Wynne's decision in his mem orandum. Judge McEvoy concluded that the Waterbury Maternal Health Center and the Connecticut Birth Control League were organ ized for the express purpose of vio- lating the laws of the State of Con- necticut.
 Discharges Expected
 The next move in the line of pre- cedure, aside from Attorney Upson's appeal from Judge McEvoys ruling,