The Waterbury Democrat., 1939-08-08

The appeal would stay the dis charge of criminal counts against Dr. Roger B. Nelson, Dr. William A. Goodrick and Mrs. Clara L. McTer- nan, R. N., arrested in June as the operators of the Waterbury Birth Control clinic, in the H. s. Chase Memorial dispensary.
 Counsel for the three are plan. ming to make a formal motion for discharge of their clients in Septem- Der. But the superior court would not rule on the motions pending the decision of the supreme court of errors on an appeal from Judge Wynne's decision.
 Under the terms of Judge Wynne's ruling, physicians may dis seminate birth control knowledge.
 The case started in June as test of the Connecticut statute, section 6246, which makes no exceptions and provides that the use of drugs, medicines or instruments to prevent conception is illegal.
 Judge Wynne said in his ruling that while he has no right to read exceptions into the statute, without the exception the statute is defect i've constitutionally.
 It will be on this exception" phase of the ruling that the su- preme court will ultimately be forced to take action.
 Permission To Destroy
 Another phase of the local birth control fight, which has attracted widespread attention, is pending be- fore Judge Frank P. McEvoy, who has been asked by the states attor- ney for permission to destroy con- traceptive articles seized at the birth control clinic. The Waterbury Maternal Health Center and the Connecticut Birth Control league, represented by Attorneys Lawrence L. Lewis and J. Warren Upson, who appear for the three arrested, are owners of the materials, and are opposing the states action.
 Dr. Woodbridge E. Morris, general director of the Birth Control Feder- ation of America, said, concerning Judge Wynne's ruling: Tt is an- other milestone in the steady prog ress of court interpretations which have established that outworn laws linking contraception with obscer- ity do not apply to the prescription of contraceptives by physicians for the protection of lives, health, and well being of their patients. The ories of morality need no longer cost the lives of Connecticut moth- CTS. Physicians of the state are now free Co practice medicine. The decision is in accord with actions adopted by the Connecticut State Medical society in 1930 and 1892 recommending that patients be safeguarded by legalizing the dis semination of contraceptive advice for medical purposes by licensed practitioners"
 More Reaction
 Leaders of the Connecticut Birth Control League, which sponsors the clip'" in Waterbury as well as sim liar clinics in Hartford and other cities, halle he decision.
 Mrs. A. M. Pease of Hartford, president of the league, called Judge Wynne s ruling "a great triumph of common sense over a ridiculous Connecticut law"
 Mrs. Thomas Hepburn, also o. Hartford and vice-president of the league, declared Tt IS exceed- ingly fortunate for the health and well being of the families in Con- necticut that Judge Wynne has given such a wise and humane de- cision. Too much praise cannot be given Dr.. Nelson, Dr. Goodrich and Mrs. McTernan (the defendants) for their neal courage in the face of embracing accusations against them when they were performing valuable service to the City of Waterbury. MT. Upson and MT. 1 Lewis, their counsel, are to be con- graduated"