Evening star., 1939-10-09
bIood-Test Order
AGAINST Mother
Is Appealed
Attorney Argues Science
Hos Perfected No Method
To Prove Paternity

Arguing that medical science has
perfected no means of determining
that a certain man Is the father OF
a certain child, Attorney John T
Bonner today filed a petition in the
United States Court of Appeals to
prevent blood-grouping test being
performed, as District Court has
ordered. on his client, the mother
of young child, as the outgrowth
of an action centering around pa
ternity.
Mrs. Mary E. Beach is resisting
District Court order, under which
she and her baby were to have q
lood-grouping test today, but Mr.
Bonner contends that the filing OF
his petition for the allowance of a
special appeal in the appellate
tribunal negatives the District Court
order.
"A mother will starve that her
child may be fed; she will wear rags
that her child may be clothed; she
will even die that her child may
have life and there is no torture
that she would not suffer before she
would risk having her child pub
ncly proclaimed, by the father, to
be illegitimate," the appellate tri-
bunal was told In the petition today.
Claims Court without Authority.
Mr.. Bonner contended that Dis
trict Court lacks the inherent power
to order Mrs. Beach and her child
to submit themselves to a blood
grouping test: claimed that the
court was without authority to or
der the mother to submit herself
to a blood-grouping test, and that
the lower tribunal did not have the
power to order that the child be
submitted for a blood grouping test,
and the lawyer also maintained that
1T is contrary to public policy to have
an order to take a blood test to de-
termine the parentage of a child
born in wedlock.
Mrs. Beach was married to James
E. Beach on January 25, 1887, the
court was told in the petition today
and after their marriage they lived
together until January 3, this year
Mrs. Beach on May 26 filed in Dis
trict Court complaint for mainte-
nance. The husband. in reply
sought divorce. claiming that the
woman was about to have a child
but that he was not the father
District Court on July 7 ordered the
husband to pay 81 a week as tempo
rary maintenance and on August IL,
the court was told, seven months
after the party separated, a son
that the husband claims is not his
was born.
The husband then came into
District Court and asked that tri-
bunal to require the mother and
child to submit to blood grouping
test and last Friday Justice Jesse C
Adkins ordered the test to be made
this morning. From that order, Mr.
Bonner and his client desired to
appeal.
Says Infant Not q Party.
Mr.. Bonner argued in his petit
ton today that under the Federal
rules and statutes, a physical exam
ination can be required by q court
"only in the case Of a suit for
damages as a result of personal
injury. but that here the infant
is not q party to the legal pro-
ceedings," Mr. Bonner told the ap-
pellate court that If children are
parties to all divorce actions. why
not have the grandchildren In the
same category. and in fact all the
other relatives?"
Further, Mr.. Bonner said: THE
theory that the child is a party to
the action when the parents sue each
other is absurd and not worthy OF
serious consideration" adding that
the lower court did not appoint an
attorney to represent the interests
of the child and accordingly Justice
Adkins order is "a clear violation
of the right guaranteed by the
fourth and fifth amendments to the
Constitution of the United States in
that it seeks to deprive him of his
personal liberty and subject him to
unreasonable seizure without due
process of law"