114 CARNEGIE INSTITUTION OF WASHINGTON. 



Chapter VIII. Case and family histories of individual subjects of litigation growing out of 



the several eugenical sterilization laws. 

 Chapter IX. Legal opinion. 

 Chapter X. The right of the State to limit human reproduction in the interests of race 



betterment. 

 Chapter XI. Eugenical diagnosis. 



Chapter XII. The anatomical and surgical aspects of eugenical sterilization. 

 Chapter XIII. The physiological and mental effects of sexual sterilization. 

 Chapter XIV. The legal, biological, and practical requirements for an effective eugenica 



sterilization law. 

 Chapter XV. Model eugenical sterihzation law. 



Chapter XVI. Explanatory comments on the model sterilization law. 

 Chapter XVII. Set of forms suggested for the use of the State eugenicist, the courts, 



private citizens, and custodial institutions in administering the model eugenical 



sterilization law. 



An attempt was made to make a thorough historical, legal, and statistical 

 review and analysis of the subject in order to determine, from first-hand 

 knowledge, the practice and tendency in eugenical sterihzation, to examine 

 these practices in the light of constitutional law, biological principles, and 

 eugenical practice. The principal scientific results of the investigation are 

 summarized in Chapter XV, entitled "Model eugenical sterihzation law," in 

 which, according to the opinions of the jurists who have examined the work, 

 the legal requirements of an effective sterilization law have been met. Simi- 

 larly, analyses of State practices in complying with the several laws were 

 used in developing and incorporating in the law the essential biological and 

 eugenical requirements. 



In analyzing the matter of physiological and mental effects of eugenical 

 sterilization (Chapter XV), records of 694 cases of sexual sterilization were 

 studied. Analyses of these cases show that vasectomy in the male and 

 salpingectomy in the female, when performed by skilled surgeons, exercise 

 little or no influence either upon secondary sexual traits or upon the sexual 

 impulse; nor could any severe mental or temperamental effects, especially 

 among the socially inadequate classes, be found which logically could be 

 ascribed to sexual sterilization, by either of the two methods just named. 



From the purely eugenical point of view, the analysis was based upon actual 

 pedigree records of families of social inadequates. From this analysis it was 

 concluded that — 



" With due heed to the legal, biological, and practical considerations .... 

 there is every reason to believe that the greatest benefit would accrue to 

 the natural hereditary qualities of future generations from a law providing for 

 the eugenical sterilization of certain hereditary degenerates and defectives" 

 (p. 444). 



The analysis of the legal situation justifies the following conclusion: 



"A State may, in the proper and constitutional exercise of its police power, 

 enact practical and enforceable eugenical sterilization laws, devoid of puni- 

 tive features, but which may include criminals, and which have for their 

 sole purpose the improvement of the natural hereditary physical, mental, 

 and moral endowment of future generations: Provided, (a) that such laws 

 are not so unduly discriminatory in their application as to constitute the 

 denial of equal protection of the laws guaranteed by Section 1, Article XIV, 

 of the Constitution of the United States, to all of the citizens of all the States, 

 and (6) that such statutes provide for due process of law in their administra- 

 tion" (p. 147). 



