Eugenical Sterilization 



309 



Washington, have each enacted more than 

 one eugenical sterihzation statute. 



In Cahfornia and Nebraska the law is 

 functioning in a very satisfactory manner. 

 In Connecticut, North Dakota, and Wiscon- 

 sin, similarly, the law is being applied in a 

 satisfactory manner, but to a very limited 

 extent. In Washington and Nebraska spe- 

 cial executive machinery of proved com- 

 petency is entrusted with the enforcement of 

 the sterilization law. In Kansas and Iowa 

 it has fallen into disuse. In South Dakota 

 the statute is practically a dead letter. 



In Iowa the law of 1913 . was declared 

 unconstitutional ; it was repealed and re- 

 enacted in new and, apparently, constitutional 

 form, in 1915. In New York the law was 

 declared unconstitutional by the courts 

 (1918) and repealed (1920), but has not yet 

 been re-enacted by the legislature. In New 

 Jersey, Nevada, ]Michigan, Indiana, and 

 Oregon, the laws were declared unconstitu- 

 tional by the courts but are still on the stat- 

 ute books, dead letters. In the state of 

 Washington litigation resulted in upholding 

 the constitutionality of a very drastic eugeni- 

 cal and punitive sterilization law. 



Eugenical sterilization laws have been ve- 

 toed by the governors of Pennsylvania 

 (1905, 1921), Oregon (1909), Vermont 

 (1913), Nebraska (1913), and Idaho (1919), 

 subsequently, however, Oregon (1917) and 

 Nebraska (1915) enacted successful laws. 

 In Oregon, also, a former sterilization law 

 was revoked (1913) by referendum. 



Under the law thus far there have been 

 eugenical sterilizations in only state institu- 

 tions for (l) the insane, (2) feebleminded, 

 and (3) criminalistic. No eugenical sterili- 

 zation operations have thus far been per- 

 formed in — • ■ 



(a) State institutions for the (1) ine- 

 briates, (2) diseased, (3) blind, (4) deaf, 

 (5) deformed, (6) dependent, (7) epileptic, 

 nor in 



(b) County, municipal, or private institu- 

 tions for any type of the socially inadequate, 

 •nor 



(c) Among the socially inadequate and 

 cacogenic individuals in the population at 

 large. 



Analyzing the data from another 

 point of view, there have been alto- 

 gether 124 state institutions legally 

 authorized to perform sterilization 

 operations, or which 31 have made 

 more or less use of their authority, 

 while 93 have not. At the present 

 time (i. e., Jan. 1, 1921) there are 

 70 state institutions legally entitled to 

 the practice. The number of opera- 

 tions performed, by classes, is : 



Feebleminded 403 



Insane 2,700 



Criminalistic 130 



Total 3,233 



By states, the operations are divided 

 as follows : 



California 2,558 



Connecticut 27 



Indiana 120 



Iowa 49 



Kansas 54 



Michigan 1 



Nebraska 155 



Nevada 



New Jersey 



New York 42 



North Dakota 23 



Oregon 127 



South Dakota 



Washington 1 



Wisconsin 76 



Total 3,233 



It thus appears that a single state 

 is responsible for the great bulk of 

 the operations listed ; and in this state 

 a single institution (the state hospital 

 for the insane at Patton) is responsible 

 for 1,009 cases. 



Dr. Laughlin publishes the texts of 

 all the laws, past or present ; the veto 

 messages where such action was taken ; 

 the briefs and decisions in all litiga- 

 tion on the subject; opinions by at- 

 torneys-general and others ; together 

 with a handy analysis of all this mate- 

 rial. He also presents his idea of a 

 model sterilization law, with the neces- 

 sary forms for putting it into effect. 



A chapter of eleven pages is devoted 

 to a review of evidence and testimony 

 (mostly the latter) as to the physio- 

 logical and mental effects of sexual 

 sterilization. Unfortunately, no satis- 

 factory evidence is presented on one 

 of the most important phases of the 

 whole subject, namely, the supposition 

 that the release of sterilized individuals 

 with feeble inhibitions or anti-social 

 tendencies is simply equivalent to the 

 creation of so many new and virulent 



