The Detroit tribune. (Detroit, Mich.) 1935-1966, 1954-11-20
"(hureh Law In SquabbIe--


The involves the right Of the state Of Maryland
in the absence Of specific Law 70 serlre the young
and the production Of Legitimate children
The full weight Of official Catholic opinion the Bal
tnore Archdiocese Ia, been thrown the the
ground that order pending for sterilization
Of the young ''totsli,sri4n nAmeriesn, and
rreligous'
Baltimore Judge Herman Moser signed the order
authorizing the sterilization Oct. Is.
Judge Moser acted On petition filed by the ~omsns
,,.r Official, at state mental hospital where the
woman il confined recommended the operation and the
patients estranzed husband also agreed to it.
The woman, in her early 3os has had hve children,
Of them while living With her husband and three Of
them illegtmstely
she has been subject mental breskdo~ns in con-
n.con childbirth but ostensbly normal person
between these incidents All Of her children normal
After Judge Mo,er issued his order authorizing the
s,.yxston under the Of old statute giving the
Circuit Court Of Maryland full power and authority TO
the affair, Of ineompetents, two Catholic
lawyers became interested in the
These young men, Francis J Mesgher and John
s~een.y Jr pettioned Judge Mo.er friend, Of the
curt FOR leave the Of the young
msssh.r and Sweeney said in their petition that the
exceeded It's authority. end that the sterilization
authorized b. Judge Moser dangerous to the public
~.fsr. and morals Of the state, that il contributes
invsaon Of the personal integrity OF the involved
The attorneys filed their petition Oct. Fl. and the
Oct 22 ,su. Of the Catholic Review, official Of the
Archd,oc.,e Of Baltimore appeared thereupon With an
.dnor. and three articles, all attacking the order
handed down by Judge Moser
Apparently there no question Of d,eased organs
which must b. removed beng thres, the ~omsn's
health. bot only Of mental Illness the Catholic Review
aid
'if tn, b. the e.,. then the order direct
opposinon to natural Law
special .rricI. BY the Very Rev FRANCIS j. Conne,
dean Of School Of Sacred Theology al Catholic Uni
versty ,ad that bodily mobilization TO prevent offspring
on m. ground that person mentally incompetent, rs
bs,cslly totslitaran procedure
Judge Mo,er CAV. the relatives Of the / 5
day, in Which show Why the eour, should not
hear III. Arguments Of the young lawyers opposng sterile
ration
tn. woman. ,i.t,r Baltimore housewife Who had
originally p,,,on.d the for IN. order to ,erilize
made her answer MsAgh.r and Sweeney through her
attorney. Allan a Fisher Jr, Of Baltimore
The motion filed by Attorney Fisher asked Judge
Mos.r the intervening petition by Mesgher and
Sweeney IN. ground that they had interest in the
mentally incompetent ~omAn
F,.4-, ..4d in h, motion that tn. court had full
thory to i.sue TIA order that the proposed sterilization
n.es"ary to the health and welfare Of the ineom
p.t.nt md TIA. delay performing the operation would
b. harmful 10 the
Tn. determination Of tn. woman, relative, to have
her ,,.r1ed thus joined the before Judge moser
who expected hear IN. oral argument, in the case
very shortly
M..xher and Sweeney appear eager to take thi.
10 III. hxh.u courts il neceusry TO support their belief
that s,.rihxson immoral except 10 preserve life