Evening star., 1942-06-01
Supreme Court voids
Criminal Sterilization
Actof Oklahoma
Statute Held Not to Meet
Equal Protection Clause
Of l4th Amendment

BY the Associated Press.
An Oklahoma statute authorizing
the sterilization of habitual GRIM
inals was held unconstitutional to-
day by the Supreme Court on the
ground that it classified stealing
chickens as a crime and excluded
embezzlement.
Justice Douglas delivered the
unanimous opinion, applying to an
Oklahoma court order for the
sterilization of Jack T. Skinner of
Pittsburg County, convicted once of
stealing chickens and twice of rob-
berry with firearms.
The 1885 statute authorized sterili-
zation Of persons convicted for the
third time of crime amounting to
felonies involving moral turpitude. 4"
The legislation exempted offenses
arising out of the violation of the
prohibitory laws, Revenue Acts, en-
bezzlement or political offenses"
"A person who enters a chicken
coop and steals chickens" Justice
Dougles said, commits a felony
and he may be sterilized If he is
thrice convicted
14th Amendment Not Met.
"If, however, he is a bailee of
the property and fraudulently ap-
propriates it, he is an embezzler.
Hence no matter how habitual his
proclivities for embezzlement are
and no matter how often his con-
viction, he may not be sterilized.
Justice Douglas asserted that the
act was condemned by ''its failure
to meet the requirements of the
equal protection clause of the 14th
Amendment"
More than 20 argued cases were
awaiting decision when the court
met at noon for what was scheduled
to be the last session of this term
The amount of business to be dis.
posed of, however. made it possible
that the tribunal would sit again
next Monday.
The most important cases before
the court were two involving inter-
pretations of the overtime provisions
of the Wage-Hour Act.
In this litigation. the Government
contended that additional compen-
sation for overtime must be paid
employees even though they received
a fixed weekly salary above the
amount required by the act. Over
time compensation should be based.
the Government argued, on an
hourly wage arrived at by dividing
the weekly salary by the number of
hours actually worked.
Transport Firm Protested.
Combating this contention, the
Overnight Motor Transportation Co.,
Inc, OF Baltimore asserted that the
act required only a weekly salary
large enough to pay the minimum
wage for the first 40 hours and time
and-one-haf for any overtime
worked.
In another case involving similar
issues, the A. H Belo Corp, pub
Usher of the Dallas Morning News
and owner of Radio Station WFAA,
defended contracts with employees
fixing an hourly wage and guar
anteeing weekly salary in excess of
the Wage-Hour Act requirements.
The Third Circuit Court of Appeals
upheld the Government in the
Overnight Motor case, but in the
newspaper litigation, which was
argued in the Fifth Circuit, the
Government lost
Other Pending Cases.
Other outstanding cases awaiting
decision involved:
Validity of the dismissal by a
three judge Federal Court in New
York of suits by the National Broad
casting Co.. Inc, and the Columbia
Broadcasting System, Inc, to enjoin
the Federal Communications Com
mission from enforcing restrictions
on chain broadcasting.
The right of a State to impose
sales tax on Army post exchanges,
which are stores under the super
vision of the post commander.