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THE BULLETIN OF THE UNIVERSITY OF WASHINGTON NO. 82
A Summary of the Laws of the Several
States Governing
1.–Marriage and Divorce of the Feebleminded, the Epileptic and the Insane.
II.-Asexualization. III.-Institutional Commitment
and Discharge of the Feebleminded
and the Epileptic
By STEVENSON SMITH, MADGE W. WILKINSON
and LÓVISA C. WAGONER
The Bailey and Babette Gatzert Foundation
for Child Welfare
May, 1914
HE authors ask that any reader will be kind enough to report to
TH
them such errors or omissions as he may notice in this summary of
laws. The rules governing institutional commitment and dis-
charge were particularly difficult to secure, many being regulations of the
Boards of Managers, and any correction to our statement of these, espe-
cially when accompanied by transcriptions of, or references to, the laws
and regulations, will greatly aid in the revision of this material which
we hope to issue after the next legislative sessions.
We wish to express our thanks to those in the various states who
assisted us in securing the material for this pamphlet.
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Marriage and Divorce
ALABAMA
No law.
ARIZONA
No law.
ARKANSAS
*
* the mar-
"When either of the parties to a marriage shall be incapable for want
of age or understanding to consent to any marriage, *
riage shall be void from the time its nullity shall be declared by a court
of competent jurisdiction.”—(Kirby's Digest, 1904, Sec. 5175.)
CALIFORNIA
Marriage may be annulled when at the time of marriage either party
was of unsound mind, unless such party, after coming to reason, freely
cohabits with the other as husband or wife.—(Civil Code, Sec. 82.)
COLORADO
No law.
Bills were introduced in the legislatures of 1911 and 1918 prohibit-
ing the issuance of a marriage license where “either of the contracting
parties is an idiot, imbecile, of unsound mind, or under guardianship
as a person of unsound mind," but did not become a law.
CONNECTICUT
Every man and women, either of whom is epileptic, imbecile, or fee-
bleminded, who shåll marry or live together as husband or wife when
woman is under 45 years of age, shall be imprisoned not more than
3 years. Every person who knowingly aids such marriage shall be sub-
ject to fine or imprisonment, or both. Intercourse with imbecile, feeble-
minded or epileptic person under 45 years of age shall be punished by
not more than 3 years' imprisonment.—(General Statutes, Revision of
1902, Sec. 1854-1956.)
DELAWARE
A marriage may be annulled for any of the following causes existing
at time of marriage: *
* (e) insanity of either party at
suit of other, or at suit of the committee of the lunatic, or of lunatic on
regaining reason, unless lunatic after regaining reason has confirmed
(5)
marriage: Provided, that where party compos mentis is applicant, such
party shall have been ignorant of other's insanity at time of marriage,
and shall not have confirmed it subsequent to lunatic's regaining reason.
-(Laws of Delaware, Chap. 221, Sec. 1.)
Marriage between a person of sound mind and an insane or idiotic
person shall be unlawful.-(Laws of Delaware, Chapter 244, Vol. 24,
Sec. 1.)
Divorce is granted on the grounds of the hopeless insanity of the
husband.-(Laws of Delaware, Chapter 221, Vol. 24, Sec. 4.)
FLORIDA
No law.
GEORGIA
A person must be of sound mind in order to be able to contract mar-
riage.--(Civil Code, Sec. 2931.)
“A person shall be considered of sound mind who is neither an idiot,
a lunatic, nor afflicted by insanity, or who has arrived at the age
of
fourteen years, or before that age if such person knows the distinction
between good and evil.”—(Code of 1911, Vol. II., Sec. 33.)
Mental incapacity at time of marriage is made a ground for divorce.
-(Civil Code, Sec. 2945.)
IDAHO
Marriage may be annulled if at time of marriage either party was
of unsound mind, unless such party after coming to reason freely cohab-
ited with other as husband or wife.-(Revised Code, Sec. 2640.)
Divorce may be granted when either husband or wife has become
permanently insane, provided said party has been confined in an insane
asylum for at least 6 years preceding commencement of action.-(Re-
vised Code, Sec. 4624.)
ILLINOIS
"No insane person or idiot shall be capable of contracting marriage."
(Hurd's Revised Statutes of Illinois, Chap. 89, Sec. 2.)
A bill was introduced in the legislature of 1913, prohibiting the issu-
ance of a marriage license “if it shall appear to the clerk that either
party to the proposed marriage is at the time of making such application
or proof herein required, an imbecile or insane
*” but did
not become a law.
INDIANA
No license to marry shall be issued where either of the contracting
(6)
1
parties is an imbecile, epileptic, of unsound mind or under guardianship
as a person of unsound mind.
“If persons resident of this state with intent to evade the provisions
of Section I. and Section III. go into another state and there have their
marriage solemnized with the intent of afterward returning and residing
in this state, and do so return and reside in this state, such marriage shall
be void, and such parties, upon returning to this state, shall be subjected
to all the penalties provided for in this act: Provided, this section shall
not apply to persons who in good faith become or are citizens of any
other state.”—(Statutes, Revision 1908, Sec. 8365.)
Where either party is incapable, from want of age or understanding,
of contracting marriage, same may be declared void on application of
incapable party, by any court having jurisdiction to decree divorces.-
(Code 1908, Sec. 1060.)
Marriage is void when either party is insane or idiotic at time of
marriage.-(Code 1908, Sec. 8360.)
IOWA
Marriage may be annulled "where either party was insane or idiotic
at the time of the marriage.”—(Iowa Code, Sec. 3182.)
KANSAS
No woman under the age of 45 years, or man of any age, except he
marry a woman over the age of 45 years, either of whom is epileptic, im-
becile, feebleminded or afflicted with insanity, shall hereafter intermarry
or marry any other person within this state.-(Sec. 4868.)
No officer shall issue a license to those referred to in Sec. 4868.
No clergyman or officer shall solemnize the marriage of such classes.
Children born after a parent was insane shall not marry except
under above conditions.—(General Statutes 1909, Sec. 4868-4871.)
When either party to a marriage shall be incapable from want of
understanding of contracting such marriage, it may be declared void by
district court.-(General Statutes, 1909, Sec. 6272.)
!
.
KENTUCKY
Marriage with an idiot or lunatic is prohibited and declared void.
--(Laws of 1909, Chap. 66, Art. 4615.)
The penalty for solemnizing a marriage that is prohibited is impris-
onment for one to twelve months or a fine of not more than one thousand
dollars.
The penalty against a clerk for issuing an unauthorized license is a
(7)
fine of from five hundred to one thousand dollars and expulsion from
office.
Whoever shall unlawfully carnally know an idiot shall be confined
in the penitentiary for not less than ten nor more than twenty years.-
(Russell's Statutes 1909, Sec. 3678-3773.)
LOUISIANA
No law.
MAINE
No insane person or idiot is capable of contracting marriage.-(Re-
vised Statutes, 1903, Chapter 61, Sec. 2.)
MARYLAND
No law.
"Where epilepsy or insanity precedes, marriage is a nullity.
"Where insanity, epilepsy, or feeblemindedness has occurred after
marriage, there is no ground for a divorce. If these conditions are proven
to have antedated the marriage, the marriage can be annulled.”—(Extract
from letter from Secretary State Board of Health.)
MASSACHUSETTS
An insane person or an idiot shall not be capable of contracting mar-
riage.-(Revised Laws 1902, Chapter 151, Sec. 2.)
Whoever has unlawful intercourse with a female imbecile or idiot
under circumstances which do not constitute rape shall, if he had rea-
sonable cause to believe she was an idiot or an imbecile, be punished by
imprisonment for not more than 3 years or fine of not more than $1,000,
or both.-(Revised Laws 1902, Chap. 212, Sec. 5.)
MICHIGAN
No insane person or idiot shall be capable of contracting marriage.
All marriages when either party was insane or an idiot shall be ab-
solutely void.- (Compiled Laws 1897, Sec. 8593, 8616.)
No insane person, or idiot shall be capable of contracting marriage.
No person who has been confined in any public institution or asylum,
as an epileptic, feebleminded, imbecile or insane patient shall be capable
of contracting marriage without, before issuance of license, filing in office
of county clerk a verified certificate from two licensed physicians that
person has been completely cured of such defect, and that there is
no probability of transmitting defects to issue of such marriage.
Any person of sound mind who shall marry such person, knowing of
(8)
his disability, or who shall aid such a marriage shall be deemed guilty
of a felony.-(Acts of 1905, No. 136.)
Anyone is forbidden to marry an inmate of the Michigan home for
the feebleminded and epileptic without the consent of the board of con-
trol, under penalty of fine or imprisonment, or both.—(Laws of 1913.
Act No. 14.)
MINNESOTA
*
*
* between per-
*
*
**
*
"No marriage shall be contracted
sons either one of whom is epileptic, feebleminded or insane."
“When either person to a marriage is incapable of assenting thereto
for want of age or understanding,
* the marriage may
be annulled at the suit of the injured party and shall be void from the
time its nullity is adjudged. *
nor shall the marriage of any insane person be
adjudged void after his restoration to reason, if it appears that the parties
freely cohabited together as husband and wife after such restoration.”
“No marriage shall be adjudged a nullity at the suit of the party
capable of contracting on the ground that the other party was under the
age of legal consent, or was idiotic, or insane, if such idiocy or insanity
was known to the party capable of contracting at the time of such mar-
riage.”—(Revised Laws, 1905, Sec. 3554, 3570, 3572, 3573.)
Sexual intercourse with female of 10 years or upwards not his wife,
when through idiocy, imbecility, or any unsoundness of mind, either tem-
porary or permanent, she is incapable of giving her consent, shall be
punished by imprisonment in state prison for not less than 7 nor more
than 30 years.—(Laws of 1905, Art. 4926.)
MISSISSIPPI
Divorce may be decreed to injured party on account of insanity or
idiocy at time of marriage, if party complaining did not know of such
infirmity.- (Code 1906, Sec. 1669.)
MISSOURI
No law.
MONTANA
Marriage may be annulled when at time of marriage either party was
of unsound mind unless such party, after coming to reason, freely cohab-
ited with the other as husband or wife.—(Revised Code, 1907, Sec. 3636.)
(9)
NEBRASKA
Marriages are void when either party is insane or an idiot at time
of marriage. Term “idiot" shall include all who are mentally incompe-
tent to enter into marriage relation.--(General Laws 1911, Sec. 5302.)
NEVADA
* and
When either of the parties to a marriage, for want of age or under-
standing, shall be incapable of assenting thereto,
there shall have been no subsequent voluntary cohabitation of the parties,
the marriage shall be void from the time its nullity shall be declared by a
court of competent authority.
The marriage of any insane person shall not be adjudged void, after
his restoration to reason, if it shall appear that the parties freely co-
habited together as husband and wife after such insane person was re-
stored to a sound mind.
When a marriage is supposed to be void, or the validity thereof
is disputed, for any of the causes mentioned in the two preceding sec-
tions, either party may file a complaint in the probate court of the
county where the parties or one of them, resided, for annulling the same;
and such complaint shall be filed, and proceedings shall be had thereon,
as in the case of proceedings in said court for a divorce, and upon due
proof of the nullity of the marriage, it shall be adjudged null and void.
-(Revised Laws, Sec. 2855, 2356, 2857.)
NEW HAMPSHIRE
No law.
NEW JERSEY
No license to marry shall be issued when either of the contracting
parties, at the time of making the application, is an imbecile, epileptic, or
of unsound mind, nor shall any such license be issued to any person who
is or who has been an inmate of any insane asylum or institution for
indigent persons, unless it appears that such person has been satisfac-
torily discharged from such asylum or institution.---(Revised Laws, 1912,
Chapter 199, Sec. 4.)
It is unlawful for any person who has been confined in any institu-
tion as an epileptic, insane, or feebleminded patient, to marry without a
certificate from 2 regularly licensed physicians, that he has been com-
pletely cured and that there is no probability of transmitting the defect.
Any person of sound mind who knowing of such disability shall marry
such a person or who shall aid such a marriage shall be guilty of a mis-
demeanor.—(Laws of 1904, Chapter 137.)
(10)
NEW MEXICO
No law.
NEW YORK
*
"Domestic Relations Law. Section 7. Voidable marriages. A mar-
riage is void from the time its nullity is declared by a court of competent
jurisdiction if either party thereto:
“1. Is incapable of consenting to a marriage for want of under-
standing;
“Actions to annul a void or voidable marriage may be brought only
as provided in the Code of Civil Procedure.”
“Code Civ. Proc. Section 1743. In what other cases marriage may
be annulled.
"An action may also be maintained to procure a judgment, declaring
a marriage contract void and annulling the marriage, for either of the
following causes, existing at the time of the marriage:
“3. That one of the parties was an idiot or a lunatic.”
*
NORTH CAROLINA
All marriages between persons either of whom is incapable of con-
tracting from want of will or understanding, shall be void.—(Revised Laws
1908, Sec. 2083.)
NORTH DAKOTA
Section 1. No woman under the age of forty-five years, or man of
any age, except he marry a woman over the age of forty-five years, either
of whom is
epileptic, imbecile, feebleminded person, idiot,
or insane person, or person who has theretofore been afflicted with hered-
itary insanity,
shall hereafter intermarry or marry any
other person within this state.
Sec. 2. No clergyman, or other officer authorized by law to solemnize
marriages within this state shall hereafter perform a marriage ceremony
uniting persons in matrimony either of whom is an epileptic, imbecile,
feebleminded person,
insane person,
unless the female party to such marriage is over the age of forty-five
years.
Sec. 3. The county judge, before a marriage license is issued,
shall require each applicant therefor to file in his office upon blanks to
be provided by the county for that purpose, an affidavit of at least one
duly licensed physician other than the person seeking the license, showing
that the contracting parties are not feebleminded, imbeciles, epileptics or
insane persons.
*
X
(11)
Sec. 6. Any person violating any of the provisions of this act or
any person knowingly swearing falsely to any of the affidavits mentioned
in this act shall be punished by a fine of not less than $50 or more than
$500, or by imprisonment in the county jail not over thirty days, or by
both such fine and imprisonment.—(Acts of 1918, Senate Bill No. 45.)
OHIO
No license shall be granted when either of the applicants is epileptic,
imbecile, or insane.-(General Code Art. 11187.) (Bates Ohio Statutes,
Sec. 6389.)
OKLAHOMA
When either party is incapable from want of understanding of con-
tracting marriage, same may be declared void by district court in an action
brought by incapable party.-(Compiled Laws 1909, Sec. 6183.)
OREGON
When either party shall be incapable of making such contract or as-
senting thereto, for want of sufficient understanding, marriage shall be
void from time it is so declared by decree of a court having jurisdiction
thereof.—(Lord's Oregon Laws, Sec. 503.) also (Sec. 7018.)
PENNSYLVANIA
Section 3. No license to marry shall be issued where either of the
contracting parties is an imbecile, epileptic, of unsound mind, or under
guardianship as a person of unsound mind.
*—(Act No. 458
of the General Assembly of 1913.)
Clause A. From and after the passage of this act, in cases where
the husband or wife is a hopeless lunatic or non compos mentis, the courts
of common pleas of this commonwealth are invested with the authority
to receive a petition or libel for divorce.
Clauce C. No divorce shall be granted under this act to any pe-
titioner or libellant unless it be proved beyond a reasonable doubt that
the husband or wife of the petitioner is hopelessly insane: Provided, how-
ever, That if the husband or wife has been for ten or more years an in-
mate of an asylum for the insane, it shall be conclusive proof of hopeless
insanity.—(Laws of 1905, P. L. 211, No. 152.)
RHODE ISLAND
The marriage of one that is an idiot or lunatic at the time of the
marriage is void.—(General Laws of 1909, Chap 248, Sec. 5.)
(12)
SOUTH CAROLINA
“All persons, except idiots and lunatics, not prohibited by this sec-
tion" (certain incest prohibitions follow) “may lawfully contract mat-
rimony."-(Code of 1912, Sec. 3743.)
SOUTH DAKOTA
A marriage may be annulled by an action in the circuit court when
either party was of unsound mind, unless such party, after coming to rea-
son freely cohabited with the other as husband and wife.-(Compiled Laws
of 1910, Civil Code, Sec. 61.)
TENNESSEE
No law.
TEXAS
No law.
UTAH
Marriages prohibited and declared void:
1. With an idiot, lunatic, or a person subject to chronic epileptic
fits; provided, that the last qualification shall not apply to a female over
the age of forty-five years.--(Laws of Utah, 1909, Chap. 109, Sec. 1184.)
“Proceedings in divorce shall be commenced and conducted in the
manner provided by law for the proceedings in civil cases, except as
hereinafter provided, and the court may decree a dissolution of the mar-
riage contract between the plaintiff and defendant in all cases where the
plaintiff, for one year next prior to the commencement of the action, shall
have been an actual and bona fide resident of the county within the
jurisdiction of the court, for any of the following causes, to-wit: *
(8.) Permanent insanity of defendant; provided, that no divorce
shall be granted on the grounds of insanity unless, first, the defendant
shall have been duly and regularly adjudged to be insane by the legally
constituted authorities of this state, or some other state, at least five years
prior to the commencement of the action; second, unless it shall appear
to the satisfaction of the court, by the testimony of competent witnesses,
that the insanity of the defendant is incurable.—(Compiled Laws of Utah,
1907, Sec. 1208.)
VERMONT
“A town clerk shall not issue a marriage license or certificate
when either of the parties to the intended marriage is an idiot, non com-
pos, lunatic or distracted person
* without the written consent
of the selectmen.”—(Code 1906, Sec. 3300.)
(13)
Marriage may be annulled when either party at the time was an
idiot or a lunatic.-(Public Statutes 1906, Sec. 3055.)
VIRGINIA
“All marriages solemnized when either parties were insane or inca-
pable from physical causes of entering into the marriage state shall, if
solemnized in this state, be void from the time they shall be so declared
by a decree of divorce or nullity or from the time of the conviction of the
parties.”—(Virginia Code, 1904, Sec. 2252.)
A bill was introduced in the General Assembly of 1912, prohibiting
the marriage of any "woman under the age of forty-five years, or any
man of any age except he marry a woman over the age of forty-five years,
either of whom is an imbecile, feebleminded person, idiot or insane
person, or person who has heretofore been afflicted with hereditary in-
sanity,” but did not become a law.
*
WASHINGTON
*
"No woman under the age of forty-five years, or man of any age,
except he marry a woman over the age of forty-five years, either of
whom is
epileptic, imbecile, feebleminded person, idiot or in-
sane person,
shall hereafter intermarry or marry any other
person within this state.”—(Rem. & Bal., Sec. 7152.)
"Any person knowingly violating any of the provisions of sections
7152, 7153 or 7164, shall, upon conviction thereof, be punished by a
fine of not more than one thousand dollars, or by imprisonment in the
state penitentiary for a period of not more than three years, or by both
such fine and imprisonment.”—(Rem. & Bal., Sec. 7165.)
Before marriage license is issued applicant must file affidavit that he
is not feebleminded, imbecile, epileptic or insane.-- (Code 1912, Title 329,
Sec. 3.)
“Divorces may be granted by the superior court on application of the
party injured, for the following causes :-
a divorce may be granted upon application of
either party for any other cause deemed by the court sufficient, and the
court shall be satisfied that the parties can no longer live together;
"8. In case of incurable chronic mania or dementia of either party,
having existed for ten years or more, the court may, in its discretion, grant
a divorce.”—(Rem. & Bal., Sec. 982.)
(*
WEST VIRGINIA
All marriages solemnized when either party was insane, shall be void
from the time so declared by decree of divorce or nullity.-(Code 1906,
Sec. 2917.)
(14)
WISCONSIN
“No insane person or idiot shall be capable of contracting marriage.
License may be issued to anyone of legal age when there is no other
legal impediment.
“No man and woman, either of whom is insane, mentally imbecile,
feebleminded or epileptic, shall intermarry.” “No person authorized to
solemnize marriages shall unite in marriage any man and woman either
of whom is insane, mentally imbecile, feebleminded or epileptic, nor shall
any person advise, aid, abet, cause or assist in procuring or countenancing
any violation of this section.” Penalty not less than $50 nor more than
$150, or imprisonment not more than six months, or both.--(Compiled
Statutes 1911, Sec. 2330, 2339, 4593m.)
Penalty of imprisonment imposed for intercourse with idiotic, insane
or imbecile female.-(Laws 1907, Sec. 4580m.)
Marriage may be annulled when either party at time of marriage
without the knowledge of sane party, was insane, idiotic, or so wanting
in understanding as to be incapable of assenting, unless lunatic or incom-
petent after regaining reason has confirmed marriage.—(Laws 1909,
Chap. 323, Sec. 8.)
WYOMING
Marriages are void when either party is insane or an idiot at the time
of contracting the marriage.—(Compiled Statutes 1910, Sec. 3917.)
ALASKA
No law.
DISTRICT OF COLUMBIA
Marriage contracts may be declared void when contracted during
lunacy of either party, unless there has been voluntary cohabitation after
the lunacy.—(Code, Section 966.)
When void from date of decree.—The following marriages in said
district shall be illegal, and shall be void from the time when their nullity
shall be declared by decree, namely:
First. The marriage of an idiot or of a person adjudged to be a
lunatic.- (Code, Section 1285.)
(15)
Asexualization
ALABAMA
No law.
ARIZONA
No law.
A bill was introduced in the 1913 legislature authorizing the steril-
ization of certain classes, but failed of passage.
ARKANSAS
No law.
CALIFORNIA
V
Before any person who has been lawfully committed to any state
hospital for the insane, or who has been an inmate of the Sonoma State
Home, and who is afflicted with hereditary insanity or incurable chronic
mania or dementia shall be released or discharged therefrom, the State
Commission in lunacy, may in its discretion, after a careful investigation of
all the circumstances of the case, cause such person to be asexualized, and
such asexualization, whether with or without the consent of the patient shall
be lawful and shall not render the said commission, its members, or any
person participating in the operation, liable either civilly or criminally.
Same to be done to recidivists in State prison, if in opinion of prison
physician in consultation with general Superintendent of State Hospitals
and the Secretary of the State Board of Health (or in the opinion of
any two of them) asexualization will benefit such recidivists. Provided this
only after two commitments to state prison in this or some other state, for
rape, or assault with intent to commit rape, or seduction, or after three
commitments for other crimes, and prisoner shall give evidence while in
prison, of being a sexual or moral degenerate or pervert. And provided that
with prisoners sentenced to state prison for life, operation may be per-
formed, whether or not there have been previous terms, if prisoner shows
continued evidence of sexual depravity. Act does not apply to any vol-
untary patient. :
Idiot minor, with consent of parent or guardian, and idiot adult, with
consent of guardian in writing, and upon written request of parent or guar-
dian, may be asexualized by or under direction of the medical superinten-
dent of any state hospital without charge.
Act of April 26, 1909, regarding asexualization of inmates of Cali-
fornia Home for Care and Training of Feebleminded Children, and of con-
(16)
victs in state's prison, is repealed.—(Statutes and Amendments to the
Codes of California, 1913, Chap. 363, act approved June 13, 1913, in
effect Aug. 10, 1918.)
COLORADO
No law.
CONNECTICUT
“Sec. 1. The directors of the state prison, and the superintendents
of the state hospitals for the insane are hereby authorized and directed
to appoint for each of said institutions respectively two (2) skilled sur-
geons, who, in conjunction with the physician or surgeon in charge at
each of said institutions, shall constitute a board, the duty of which shall
be to examine such inmates of said institutions as are reported to them
by the warden, superintendent, or physician and surgeon in charge, to
be persons by whom procreation would be inadvisable. Such board shall
examine the physical and mental condition of such persons and their rec-
ord and family history, so far as the same can be ascertained, and, if in
the judgment of the majority of said board procreation by any such per-
son would produce children with an inherited tendency to crime, insanity,
feeblemindedness, idiocy or imbecility, and there is no probability that
the condition of any such person so examined will improve to such an
extent as to render procreation by any such person advisable, or if the
physical or mental condition of any such person will be substantially
improved thereby, then said board shall appoint one of its members to
perform the operation of vasectomy or oophorectomy, as the case may
be, upon such person. Such operations shall be performed in a safe
and humane manner, and the board making such examination and the
surgeon performing such operation shall receive from the state such com-
pensation for services rendered as the warden of the state prison, or the
superintendent of either of such hospitals, shall deem reasonable.
“Sec. 2. Except as authorized by this act, every person who shall
perform, encourage, assist in or otherwise promote the performance of
either of the operations described in section 1 of this act, for the purpose of
destroying the power to procreate the human species, or any person who
shall knowingly permit either of such operations to be performed upon
such persons, unless the same shall be a medical necessity, shall be fined
not more than one thousand ($1,000.00) dollars or imprisoned in the
state prison not more than five (5) years, or both.”—(Laws of 1909.)
DELAWARE
No law.
FLORIDA
No law.
(17)
GEORGIA
No law.
IDAHO
No law.
ILLINOIS
No law.
Two bills were introduced in the 1913 legislature, one in the house
and one in the senate, but both failed to pass both houses.
INDIANA
WHEREAS: “Heredity plays a most important part in the transmis-
sion of crime, idiocy and imbecility.
THEREFORE: Be it enacted by the general assembly of the State of
Indiana. “That on and after the passage of this act, it shall be compuls-
ory for each and every institution in the state entrusted with the care
of confirmed criminals, idiots, rapists and imbeciles, to appoint upon its
staff, in addition to the regular institutional physicians, two (2) skilled
surgeons of recognized ability, whose duty it shall be, in conjunction
with the chief physician of the institution, to examine the mental and
physical condition of such inmates as are recommended by the institutional
physician and board of managers. If, in the judgment of this commit-
tee of experts, and the board of managers, procreation is inadvisable and
there is no probability of improvement of the mental and physical con-
dition of the inmates, it shall be lawful for the surgeon to perform such
operation for the prevention of procreation as shall be decided safest and
most effective. But this operation shall not be performed except in cases
that have been pronounced unimprovable. Provided, that in no case shall
the consultation fee be more than three (3) dollars to each expert to be
paid out of the funds appropriated for the maintenance of such institu-
tion.”—(Laws of 1907.)
IOWA
Be it enacted by the general assembly of the State of Iowa:
Section 1. That it shall be the duty of the state board of parole,
with the managing officer and the physician of each public institution in
the state, entrusted with the care and custody of criminals, rapists, idiots,
feebleminded, imbeciles, lunatics, drunkards, drug fiends, epileptics, syph-
ilitics, moral and sexual perverts, and diseased and degenerate persons,
and they are hereby authorized and directed to, annually or often, exam-
ine into the mental and physical condition, the records and family his-
tory of the inmates of such institutions, with a view of determining wheth-
(18)
er it is improper or inadvisable to allow any of such inmates to procre-
ate and to judge of such matters. If a majority of them decide that a
procreation by any of such inmates would produce children with a ten-
dency to disease, deformity, crime, insanity, feeblemindedness, idiocy,
imbecility, epilepsy or alcoholism, or if the physical or mental condi-
tion of any such inmate will probably be materially improved thereby, or
if such inmate is an epileptic or syphilitic, or gives evidence, while an
inmate of such institution, that he or she is a moral or sexual pervert,
then the physician of the institution, or one selected by him, shall per-
form the operation of vasectomy or ligation of the fallopian tubes, as
the case may be, upon such person. Provided that such operation shall
be performed upon every convict or inmate of such institution who has
been convicted of prostitution or violation of the law as laid down in
chapter two hundred sixteen (216) of the acts of the thirty-third general
assembly, or who has been twice convicted of other sexual offenses, in-
cluding soliciting, as defined in section four thousand nine hundred sev-
enty-five (4975-c) of the supplement to the code, 1907, or who has been
twice convicted of a felony, and each such convict or inmate shall be sub-
jected to this same operation of vasectomy or ligation of the fallopian
tubes, as the case may be, by the physician of the institution, or one se-
lected by him.
Section 2. Those afflicted with syphilis or epilepsy may apply to
the board of parole, or any judge of the district court, and upon order of
such board or judge, the operation of vasectomy or ligation of the fallopian
tubes may be performed upon such person, and any law restricting the
marriage of such persons shall be void and of none effect, in case one
of the contracting parties has submitted to such operation and the same
was known to both parties before their marriage.
Section 3. The board of parole shall make an annual report to the
governor of the state, fully covering their proceedings under the au-
thority of this act, and also observations and statistics regarding its ben-
efits.
ر
Section 4. Except as authorized in this act, every person who shall
perform, encourage, assist in or otherwise promote the performance of
either of the operations described in section one (1) of this act, for the
purpose of destroying the power to procreate the human species, or any
person who shall knowingly permit either of such operations to be per-
formed upon such persons, unless the same shall be a medical necessity,
shall be fined not more than one thousand dollars ($1,000.00), or im-
prisoned in the penitentiary not to exceed one year, or both.—(Laws of
1911.)
(19)
KANSAS
Relating to Inmates of Certain State Institutions.
An act to prevent the procreation of habitual criminals, idiots, epi-
leptics, imbeciles, and insane, and providing a penalty for the violation
thereof.
Be it enacted by the Legislature of the State of Kansas:
Section 1. That it shall be the duty of the managing officers of all
state institutions of this state entrusted with the care or custody of habit-
ual criminals, idiots, epileptics, imbeciles, and insane and they are here-
by authorized and directed to obtain the advice and professional services
of competent surgical assistants, who, jointly with the physician or sur-
geon in charge of the institution in which any of such inmates shall be,
shall constitute the authority whose duty it shall be to examine such in
mate or inmates of the several institutions as are deemed to be improper
and inadvisable to allow to procreate. Such authority shall examine the
physical and mental condition of such inmate or inmates, the history there-
of so far as can be ascertained, and, if in the judgment of such authority,
procreation by any such inmate or inmates would produce children with
an inherited tendency to crime, insanity, feeblemindedness, epilepsy,
idiocy or imbecility, and there is no probability that the condition of any
such inmate or inmates so examined will improve to such an extent as to
render procreation by any such inmate or inmates advisable, or if the
physical or mental condition of any such persons will be materially im-
proved thereby, then said authority shall report their conclusions with a
recommendation to the district court or any court of competent jurisdic-
tion in and for the district from which such inmate or inmates has been
committed to such institution or institutions. The court shall thereupon
hear and determine the matter and if satisfied that the subject is an hab-
itual criminal within the meaning of this act, or is insane, an idiot, imbe-
cile, or an epileptic, and that the purposes of this act will be accom-
plished by such order shall adjudge that such operation shall be per-
formed and shall appoint one of the authority signing such report to per-
form the operation of vasectomy or oophorectomy, as the case may be,
upon such person. The county attorney of the county in which the hear-
ing is had may be directed by the court to represent the state in the pro-
ceedings. Such operation shall be performed in a safe and humane
manner, and the surgeon performing the operation shall receive from the
state such compensation for the service rendered as the board of admin-
istration shall deem reasonable, to be paid out of the maintenance fund
of the institution in which such person is confined. Provided, an habit-
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ual criminal within the meaning of this act shall be a person who has
been convicted of some felony involving moral turpitude.
Sec. 2. Except as authorized by this act, every person who shall
perform, encourage, assist in or otherwise promote the performance of
either of the operations, described in section 1 of this act, for the purpose
of destroying power to procreate the human species, or any person who
shall knowingly permit either of such operations to be performed upon
such persons, unless the same shall be a medical necessity, shall be fined
not more than ($1,000.00) dollars, or imprisoned in the county jail not
exceeding one (1) year, or both.
Sec. 3. Any managing officers herein charged with any duty specified
in section 1, who shall fail, neglect or refuse for sixty days or more in
the performance thereof, shall be guilty of a misdemeanor and subject
to a fine of not more than $100.00 or imprisonment in the county jail
for not more than thirty days, or both such fine and imprisonment.
Sec. 4. This act shall take effect and be in force from and after
its publication in the statute book.—(Session Laws 1913, Chap. 305.)
KENTUCKY
No law.
LOUISIANA
No law.
MAINE
No law.
MARYLAND
No law.
MASSACHUSETTS
No law.
MICHIGAN
Section 1. Authority is given to the management of any institution
maintained wholly or in part by public expense, in whose custody may
be held individuals who have been by a court of competent jurisdiction
adjudged to be and who are mentally defective or insane, to render inca-
pable of procreation, by vasectomy or salpingectomy or by the improve-
ment of said surgical operation which is least dangerous to life and will
best accomplish the purpose, any person who is mentally defective or
insane.
Section 2. The board of the aforesaid institutions and the physi-
cians or surgeons in charge of each of said institutions, shall for each
of their respective institutions constitute a board, the duty of which shall
be to examine such inmates of said institutions as are reported to them by
(21)
the warden or medical superintendent to be persons by whom procreation
would be inadvisable. Such board shall receive the report of insanity
experts hereinafter mentioned, examine the physical and mental condition
of such persons and their record and family history so far as the same
can be ascertained, and if in the judgment of a majority of said board,
procreation by any such person would produce children with an inherited
tendency to insanity, feeblemindedness, idiocy or imbecility, and there is
no probability that the condition of such person so examined will improve
to such an extent as to render procreation by any such person advisable,
or if the physical or mental condition of any such person will be sub-
stantially improved thereby, then said board shall direct a competent
physician or surgeon with such other assistant as may be necessary, to
perform the operation of vasectomy or salpingectomy, or any other oper-
ation or improvement on vasectomy or salpingectomy recognized by the
medical profession, as the case may be, upon such person. Such operation
shall be performed in a safe and humane manner, and the board making
such examination, and the institution physician or surgeon shall receive
no extra compensation therefor: Provided, That at least thirty days'
notice shall be given to the parents or guardian of such person before the
performing of such operation; said notice to specify the purpose, time
and place of such examination: provided further, That when said parents
or guardian object to the performance of such operation, then the ques-
tion of the sanity of such person shall be referred to the probate court of
the county in which the institution is located where the question of the
sanity and the necessity for this operation shall be determined as in other
insane cases before such courts.
Section 3. In case an institution has no physician at its head au-
thority is given to the board of managers to cause such operation to be
performed, to hire expert physicians to examine and report on the con-
dition of the subject, and to perform the operation with such other
assistants as may be necessary: Provided, Before said operation is or-
dered there shall first be secured from two physicians having qualifi-
cations prescribed by law for examiners in insanity, a written statement
or report that such operation is desirable in the interests of the patient
or the good of the community: And Provided further, That these phy-
sicians shall be allowed for their services the compensation fixed by
statutes for the examination and certification of an insane person. The
several sums necessary to carry out the provisions of this act shall be
certified to be correct by the respective boards and shall be paid out
of the general fund of the State upon the warrant of the auditor general.
Section 4. In relation to each individual person sterilized under
the provisions of this act, the board of control of the institution in which
(22)
said person is an inmate shall file with the State board of public health
of Michigan, a written record setting forth the name, age, sex, nation-
ality, type or class of mental defectiveness of said person, the nature
of the operation performed, the subsequent mental and physical condi-
tion as affected by said operation: Provided, That said records shall
not be for public inspection, but may be open to inspection of the mem-
bers of the board of control of the aforesaid institutions and of the mem-
bers of the immediate family of the person operated upon, or any physi-
cian or surgeon designated by them.
Section 5. Except as authorized by this act, every person who shall
perform, encourage, assist in or otherwise promote the performance of
either of the operations described in section one of this act, for the pur-
pose of destroying the power to procreate the human species, or any
persons who shall knowingly permit either of such operations to be per-
formed upon such person, unless the same shall be a medical necessity,
shall be guilty of a felony, and upon conviction thereof shall be fined
not more than one thousand dollars or imprisoned in the State prison
not more than five years, or both in the discretion of the court before
whom the said person or persons were so convicted.—(Laws 1913.)
MINNESOTA
No law.
A bill was introduced in the 1913 legislature authorizing the steriliza-
tion of certain classes, but failed of passage.
MISSISSIPPI
No law.
MISSOURI
No law.
MONTANA
No law.
NEBRASKA
No law.
NEVADA
6293. Prevention of Procreation.
Sec. 28. Whenever any person shall be adjudged guilty of carnal
abuse of a female person under the age of ten years, or of rape, or
shall be adjudged to be an habitual criminal, the court may, in addition
to such other punishment or confinement as may be imposed, direct an
operation to be performed upon such person, for the prevention of pro-
creation; provided, the operation so directed to be performed shall not
consist of castration.—(Revised Laws 1912, 6293, Sec. 28.)
(23)
NEW HAMPSHIRE
No law.
A bill authorizing the sterilization of certain classes was introduced
in the 1913 legislature, but was referred to the next legislature.
NEW JERSEY
An act to authorize and provide for the sterilization of feeble-
minded (including idiots, imbeciles and morons), epileptics, rapists, certain
criminals and other defectives.
Whereas heredity plays a most important part in the transmission of
feeble-mindedness, epilepsy, criminal tendencies, and other defects:
Be it enacted by the Senate and General Assembly of the State of
New Jersey :
1. Immediately after the passage of this act, the Governor shall ap-
point by and with the advice of the Senate, a surgeon and a neurologist,
each of recognized ability, one for a term of three (3) years and one for
a term of five (5) years, their successors each to be appointed for the
full term of five years, who in conjunction with the Commissioner of
Charities and Corrections shall be known as and is hereby created the
“Board of Examiners of Feeble-minded (including idiots, imbeciles and
morons), Epileptics, Criminals and other Defectives," whose duty it shall
be to examine into the mental and physical condition of the feeble-minded,
epileptic, certain criminal and other defective inmates confined in the sev-
eral reformatories, charitable and penal institutions in the counties and
State. Any vacancy occurring in said Board of Examiners shall be filled
by appointment of the Governor for the unexpired term.
2. The criminals who shall come within the operation of this law
shall be those who have been convicted of the crime of rape, or of such suc-
cession of offenses against the criminal law as in the opinion of this board
of examiners shall be deemed to be sufficient evidence of confirmed criminal
tendencies.
3. Upon application of the superintendent or other administrative
officer of any institution in which such inmates are or may be confined, or
upon its own motion, the said board of examiners may call a meeting to
take evidence and examine into the mental and physical condition of such
inmates confined as aforesaid, and if said board of examiners, in conjunc-
tion with the chief physician of the institution, unanimously find that
procreation is inadvisable and that that there is no probability that the
condition of such inmate so examined will improve to such an extent as to
render procreation by such inmate advisable, it shall be lawful to perform
such operation for the prevention of procreation as shall be decided by said
board of examiners to be most effective, and thereupon it shall and may be
(24)
lawful for any surgeon qualified under the laws of this State, under the
direction of the chief physician of said institution, to perform such opera-
tion; previous to said hearing the said board shall apply to any judge of
the Court of Common Pleas, of the county in which said person is confined,
for the assignment of counsel to represent the person to be examined, said
counsel to act at said hearing and in any subsequent proceedings and no
order made by said board of examiners shall become effective until five
days after it shall have been filed with the clerk of the Court of Common
Pleas, of the county in which said examination is held, and a copy shall
have been served upon the counsel appointed to represent the person ex-
amined, proof of service of the said copy of the order to be filed with the
clerk of the Court of Common Pleas. All orders made under the provis-
ions of this act shall be subject to review by the Supreme Court or any
justice thereof and said court may upon appeal from any order grant a
stay which shall be effective until such appeal shall have been decided.
The judge of the Court of Common Pleas appointing any counsel under
this act may fix the compensation to be paid him and it shall be paid as
other court expenses are now paid.
No surgeon performing an operation under the provisions of this law
shall be held to account therefor, but the order of the board of examiners
shall be a full warrant and authority therefor.
4. The record taken upon the examination of every such inmate,
signed by the said board of examiners, shall be preserved in the institution
where such inmate is confined and a copy thereof filed with the Commis-
sioner of Charities and Corrections, and one year after the performing of
the operation the superintendent or other administrative officer of the in-
stitution wherein such inmate is confined shall report to the board of
examiners the condition of the inmate and the effect of such operation upon
such inmate. A copy of the report shall be filed with the record of the
examination.
5. There shall be paid, out of the funds appropriated for mainte-
nance of such institution, to each physician of said board of examiners, a
compensation of not more than ten dollars ($10) per diem for each day
actually given to such work or examination, and his actual and necessary
expenses in going to, holding and returning from such examination.
When in the judgment of the board of examiners it is necessary to
secure the assistance of a surgeon outside the medical staff of the institu-
tion, to perform or assist in said operation, the necessary expenses of such
surgeon shall be paid from the maintenance account of such institution.
6. If any provisions of this act shall be questioned in any court, and
the provisions of this act with reference to any class of persons enumer-
ated therein shall be held to be unconstitutional and void, such determina-
(25)
tion shall not be deemed to invalidate the entire act, but only such
provisions thereof with reference to the class in question as are specifically
under review and particularly passed upon by the decision of the court.
7. This act shall take effect immediately.—(Session Laws of 1911,
Chap 190.)
The supreme court of New Jersey during the year 1913 declared
the sterilization law of that state to be unconstitutional insofar as it
referred to epileptics. “The question presented to the court was the
application of the act to one of the classes included therein, namely, epi-
leptics. The court held that the indicated operation carried with it suf-
ficient possibility of permanent injury, or possible danger, to come
within the provisions of the federal constitution, provided the statute
should be found to be an invalid exercise of the police power, and apply-
ing the usual tests to the act, the court concluded, in view of the fact
that the act applied only to those epileptics who were actually under
restraint in the state institutions, and not to all the epileptics within the
state, that the classification was unequal, and improper. So far, then,
as the proceedings dealt with the single class under review, the act was
held to be an invalid exercise of the police power.”
NEW MEXICO
No law.
NEW YORK
Article 19. Operations for the Prevention of Procreation.
Sec. 350. Board of Examiners; Compensation and Expenses. Im-
mediately after the passage of this act, the governor shall appoint one
surgeon, one neurologist and one practitioner of medicine, each with
at least ten years' experience in the actual practice of his profession,
for a term of five years, to be known as the board of examiners of feeble-
minded, criminals and other defectives, which board is hereby created.
The compensation of the members of such board shall be ten dollars
per diem for each day actually engaged in the performance of the duties
of the board, and their actual and necessary traveling expenses. Any
vacancies occurring in said board shall be filled by appointment of the
governor for the unexpired term.
Section 351. General powers and duties of the board; persons to
be operated upon. It shall be the duty of the said board to examine
into the mental and physical condition and the record and family history
of the feeble-minded, epileptic, criminal and other defective inmates
confined in the several state hospitals for the insane, state prisons, re-
formatories and charitable and penal institutions in the state, and if in
the judgment of the majority of said board procreation by any such
(26)
person would produce children with an inherited tendency to crime, in-
sanity, feeblemindedness, idiocy or imbecility and there is no probabil-
ity that the condition of any such person so examined will improve to
such an extent as to render procreation by any such person advisable,
or if the physical or mental condition of
any
such
person will be
substantially improved thereby, then said board shall appoint one of
its members to perform such operation for the prevention of procreation
as shall be decided by said board to be most effective.
The criminals who shall come within the operation of this law
shall be those who have been convicted of the crime of rape or of such
succession of offenses against the criminal law as in the opinion of the
board shall be deemed to be sufficient evidence of confirmed criminal
tendencies.
Section 352. Appointment of counsel to person to be operated upon.
The board of examiners shall apply to any judge of the supreme court
or county judge of the county in which said person is confined, for the
appointment of counsel to represent the person to be examined. Said
counsel to act at a hearing before the judge and in any subsequent pro-
ceedings and no order made by said board shall become effective until
five days after it shall have been filed with the clerk of the court and
a copy shall have been served upon the counsel appointed to represent
the person examined and proof of service of said copy of the order to be
filed with the clerk of the court. All orders made under the provisions of
this act shall be subject to review by the supreme court or any justice
thereof, and said court may upon appeal from any order grant a stay
which shall be effective until such appeal shall have been decided. The
judge of the court appointing any counsel under this act may fix the com-
pensation to be paid him. No surgeon performing an operation under the
provisions of this act shall be held to account therefor. The record
taken upon the examination of every such inmate signed by the said board
of examiners shall be preserved by the institution where said inmate is
confined and one year after the performance of the operation the super-
intendent or other administrative officer of the institution wherein such
inmate is confined shall report to the board of examiners the condition
of the inmate and the effect of such operation upon such inmate, and a
copy of the report shall be filed with the record of the examination.
Section 353. Unauthorized and illegal operations. Except as au-
thorized by this act, every person who shall perform, encourage, assist
in or otherwise permit the performance of the operation for the purpose
of destroying the power to procreate the human species or any person
who shall knowingly permit such operation to be performed upon such
(27)
person unless the same shall be a medical necessity, shall be guilty of a
misdemeanor.
Section 354. This act shall take effect immediately.—(Laws of 1912,
Ch. 455, Art. 19.)
NORTH CAROLINA
No law.
NORTH DAKOTA
Section 1. Whenever the warden, superintendent or head of any
state prison, reform school, state school for feeble minded, or of any
state hospital or state asylum for insane shall certify in writing that
he believes that the mental or physical condition of any inmate would be
improved thereby, or that procreation by such inmate would be
likely to result in defective or feebleminded children with criminal ten-
dencies, and that the condition of such inmate is not likely to improve, so
as to make procreation by șuch person desirable or beneficial to the com-
munity it shall be lawful to perform a surgical operation for the steril-
ization of such inmate as hereafter provided.
Sec. 2. For the purpose of carrying into effect the provisions of this
act, the chief medical officer of any such institution, the secretary of
the state board of health and one other competent physician and surgeon
whose appointment is hereinafter provided for, shall constitute the board
of examiners for such institution. The third member of such board
shall be a competent physician and surgeon of good standing and of
at least ten years' practice of his profession in North Dakota who shall
forthwith be appointed by the state board of control and who shall
serve during the pleasure of said board of control. One such appoint-
ment may be made in each county in which one of such institutions is
located, or one may be appointed to act for any two or more of such
institutions to be named in the letter of appointment. The per diem
compensation of such member so appointed shall be fixed by the state
board of control in the letter of appointment and shall not be in excess
of $10.00 per day, a duplicate of this letter shall be filed with the
state auditor, and the per diem and actual necessary expenses of such
member shall be allowed and paid in the same manner as is provided by
law for the payment of the salaries and expenses of the members, agents,
and employees of the state board of control.
Sec. 3. When the superintendent of any such institution shall deem
it advisable that such operation be performed any
of the inmates thereof he shall make such recommendation in writing,
signed by him, and file one copy thereof with the board of control and
one with the chief medical officer of such institution, whereupon the
on
one
or
more
(28)
chief medical officer of such institution shall forthwith call a meeting of
such board of examiners to be held at such institution at a date not less
than fifteen days after the issuance of such call, and such call shall be.
in writing signed by such chief medical officer and shall clearly set forth
the date and object of such meeting and shall contain the names of all
inmates whose cases are to be considered at such meeting.
Sec. 4. At such meeting such board of examiners shall diligently
inquire into the mental and physical condition of each inmate so consid-
ered, and as far as practicable, into his family history, and for that
purpose any member of said board may administer an oath to any wit-
ness whom it is desired to examine, and such hearing may be adjourned
from day to day, and, if necessary, sessions may be held elsewhere than
at such institution.
Sec. 5. After fully inquiring into the condition of each such person
such board of examiners shall make separate written findings for each
of the persons whose condition has been inquired into, and such findings
shall either order that such inmate be sterilized by such operation as
may be deemed best, or shall find that sterilization is not necessary or
desirable, or shall continue the case to a time and place therein named
or upon future call for further observation and inquiry, and such hearings
shall be conducted according to the provisions of Section 4 of this act,
If such board in its findings order such operation upon such inmate, it
shall, in such finding designate what operation is to be performed and
its purpose, and shall designate some skilled surgeon, who may not be
one of their own number, who shall perform it.
Sec. 6. Such institutions shall keep all files in any proceedings
under this act and full minutes of such meetings, and for that purpose
the chief medical officer of such institution shall be the secretary of such
board of examiners and custodian of its records.
Sec. 7. When in the opinion of the chief medical officer of any
such institution such operation would be necessary or desirable upon
any inmate thereof, for any of the purposes herein set forth, and such
inmate requests in writing that such operation be performed, or consents
thereto in writing, he may perform or procure the performance of such
operation without bringing the matter to the attention of such board of
examination. When any such operation is performed under the provi-
sions of this section, it shall be the duty of the chief medical officer
who performs or procures the performance of such operation to imme-
diately report to the state board of control the details of such operation
upon such blanks as the board of control may prescribe.
Sec. 8. Whenever the State's Attorney of any county shall have
reason to believe that any person who shall be convicted of felony, has
(29)
been twice or more previously convicted of felonies in North Dakota
or elsewhere, it shall be the duty of such state's attorney to investigate
and to secure at the expense of the county, transcripts of records of convic-
tion from other counties and states and also such evidence of identifica-
tion as may be obtained. Such proof when obtained shall be forwarded
to the state board of control who shall thereupon notify the chief medical
officers of the institution to which such person is committed and the
secretary of the state board of health and such case shall be dealt with
in accordance with the procedure stated in Section 1 of this act.
Sec. 9. No surgeon who shall skillfully perform any operation
as authorized by this act shall be held accountable therefor, but the find-
ing and order of this said board of examiners or the court, or the con-
sent of such inmate and parents or guardian shall be his full warrant
and authority therefor.
Sec. 10. It shall be the duty of the chief medical officer of any
such institution in which any sterilized inmates are confined to make
careful observation of each of such inmates, particularly with the view
of ascertaining the effect of such operation upon the moral, mental and
physical condition of such sterilized persons, and once
a year, and
oftener if called for by the governor, to make report on each of such
persons in writing, keeping a copy of such report on file in such institu-
tion, and furnishing copies to the governor, the state board of control,
and the secretary of the state board of health.
Sec. 11. Emergency. ; Whereas, Heredity plays a most impor-
tant part in the transmission of crime, insanity, idiocy and imbecility,
and our institutions for degenerates are overcrowded on account of the
lack of adequate means of checking the ever increasing numbers of this
class; and whereas, there is now no provision in law authorizing an oper-
ation for the sterilization of defective persons, this act shall take effect
and be in force from and after its passage and approval.—(Acts of
1913.)
OHIO
No law.
OKLAHOMA
No law.
OREGON
No law.
A sterilization act was passed by the 1913 legislature, but was re-
ferred to the referendum vote by petition of the people, on November 4,
1913, and defeated.
(30)
PENNSYLVANIA
No law.
A bill authorizing the sterilization of certain classes was introduced
in the 1913 legislature, but failed of passage.
RHODE ISLAND
No law.
SOUTH CAROLINA
No law.
SOUTH DAKOTA
No law.
TENNESSEE
No law.
TEXAS
No law.
UTAH
No law.
VERMONT
No law.
A bill authorizing the sterilization of certain classes was introduced
in the 1912 legislature, but failed of passage.
VIRGINIA
No law.
A bill authorizing the sterilization of certain classes was introduced in
the General Assembly of 1908, of 1910 (when it came to a vote and was
defeated), and 1912, but did not become a law.
WASHINGTON
“Whenever any person shall be adjudged guilty of carnal abuse of
a female person under the age of ten years, or of rape, or shall be ad-
judged to be an habitual criminal, the court may, in addition to such other
punishment or confinement as may be imposed, direct an operation to
be performed upon such person, for the prevention of procreation."
(Laws of 1909, Chap. 249, Sec. 35.)
A bill was introduced in the 1913 legislature, authorizing the ster-
ilization of certain classes, but failed of passage, which leaves the ster-
ilization law of 1909 unchanged.
WEST VIRGINIA
No law.
WISCONSIN
An act to create section 561jm of the statutes, relating to the pre-
vention of criminality, insanity, feeblemindedness and epilepsy.
(31)
Section 1. There is added to the statutes a new section to read:
Section 561jm. The state board of control is hereby authorized to ap-
point, from time to time, one surgeon and one alienist, of recognized
ability, whose duty it shall be, in conjunction with the superintendents
of the state and county institutions who have charge of criminal insane,
feebleminded and epileptic persons, to examine into the mental and phy-
sical condition of such persons legally confined in such institutions.
2. Said board of control shall at such times as it deems advisable
submit to such experts and to the superintendent of any of said institu-
tions the names of such inmates of said institution whose mental and
physical condition they desire examined, and said experts and the super-
intendent of said institution shall meet, take evidence and examine into
the mental and physical condition of such inmates and report said mental
and physical condition to the said state board of control.
3. If such experts and superintendent unanimously find that procre-
ation is inadvisable it shall be lawful to perform such operation for the
prevention of procreation as shall be decided safest and most effective;
provided, however, that the operation shall not be performed except in
such cases as are authorized by the said board of control.
4. Before such operation shall be performed, it shall be the duty
of the state board of control to give at least thirty days' notice in writ-
ing to the husband or wife, parent or guardian, if the same shall be
known, and if unknown, to the person with whom such inmate last re-
sided.
5. The said experts shall receive as compensation a sum to be fixed
by the state board of control, which shall not exceed ten dollars per day
and expenses, and such experts shall only be paid for the actual number
of days consumed in the performance of their duties.
6. The record taken upon the examination of every such inmate
shall be preserved and shall be filed in the office of said board of control
at Madison, Wisconsin, and semi-annually after the performing of the
operation, the superintendent of the institution wherein such inmate is
legally confined, shall report to said board of control the condition of
such inmate and the effect of such operation upon such inmate.
7. The state board of control shall report biennially in its regular
biennial report the number of operations performed under the authority
of this section and the result of such operations.
8. There is hereby appropriated out of the state treasury, not other-
wise appropriated, a sufficient amount of money to carry into effect the
purposes of this section not to exceed two thousand dollars.
(32)
Section 2. This act shall take effect upon passage and publication.
Senate: Ayes 24; Noes 3.
Assembly: Ayes 89; Noes 87.-(Laws of 1918.)
WYOMING
No law.
ALASKA
No law.
DISTRICT OF COLUMBIA
No law.
(33)
Type of Operation
Conn.
1909
Inmates of state prison and inmates of state Board for each institution consisting of 2 Vasectomy or oophorec-
hospitals whose mental and physical condi- surgeons (appointed by directors of state tomy in a safe and hu-
tion, and record and family history make prison and superintendents of state hospi-mane manner.
procreation by them inadvisable, or whose tals) and resident physician.
condition may be improved by such opera-
tion.
Iowa
1911
or
salpin-
(1) Inmates of public institutions caring (1) State Board of Parole and managing Vasectomy
for criminals, rapists, idiots, feebleminded, officer and physician of each institution, or gectomy.
imbeciles, lunatics, drunkards, drug fiends, a majority of them.
epileptics, syphilitics, moral and sexual per-|(2) Board of Parole or judge of district
verts, and diseased and degenerate persons, court upon application of those afflicted.
procreation by whom is deemed inadvisable,
or whose condition may be improved by such
operation, and convicts convicted of certain
statutory crimes.
(2) Epileptics and syphilitics.
TABLE I.
STERILIZATION
State and Date
Law Applies to
Selected by
Calif.
(1) Persons committed to state
state hospitals (1) State Commission in Lunacy, with or None specified.
1909 as amended and inmates of Home for Feebleminded af- without consent of patient.
in 1913
flicted with hereditary insanity, incurable (2) Prison physician, superintendent of
chronic mania or dementia, before discharge, state hospitals and secretary of state board
except voluntary patients.
of health, or any 2 of them.
(2) Recidivists in state prison, showing sex (3) Medical superintendent of any state
or moral perversion after 2 commitments for hospital on request of parent or guardian
rape or assault, or 3 for other crimes, or in writing.
committed for life.
(3) Idiot minors or adult idiots.
Indiana
1907
Inmates of all state institutions caring for Committee of experts (consisting of chief Such operation as shall
confirmed criminals, idiots, rapists and imbe- physician and 2 surgeons appointed by in- be decided safest and
ciles, procreation by whom is deemed inad- stitution) and Board of Managers.
most effective.
visable and whose condition has been pro-
nounced unimprovable.
Kansas
1.913
Inmates of all state institutions caring for Judge of District Court on recommendation Vasectomy or oopho-
habitual criminals, idiots, epileptics, imbe- of "authority" consisting 01 institutional rectomy in a
in a safe and
ciles, and insane, procreation by whom is physician and 2 surgeons appointed by man- humano manner.
deemed inadvisable, or whose condition may aging officer.
be improved by such operation.
TABLE I. Continued
STERILIZATION
State and Date
Law Applies to
Selected by
Type of Operation
Mich.
1913
Inmates of institutions who have been ad- Board consisting of physician in charge Vasectomy or salpin-
judged by court to be mentally defective or and the board of managers, or majority of gectomy or the im-
insane, if procreation by them is deemed in-them. The probate court, in case of ob- provement of said oper-
advisable, or their condition may be im-jection by parent or guardian.
ation least dangerous
proved by such operation.
and best.
Nevada
1912
Habitual criminals, and persons adjudged Court passing sentence
sentence for
guilty of carnal abuse of female persons un-
oflense,
lder
Any operation for pre-
vention of procreation
except castration.
N. J.
1911
Inmates of reformatories, charitable and pe- (Board of examiners consisting of a sur- Any operation for pre-
nal institutions, confirmed criminals and geon and a neurologist (both appointed by vention of procreation
rapists, procreation by whom is deemed in- governor) and Commissioner of Charities as board of examiners
advisable.
and Corrections. All orders subject to re-decide to be most ef-
view by Supreme Court.
fective.
N. Y.
1912
Inmates of state hosptials for the insane, Board of examiners consisting of a surgeon, Any operation for pre-
state prisons, reformatories and charitable a neurologist, and a physician, all appoint-vention of procreation
and penal institutions, confirmed criminalsed by governor, or a majority of them. Allas board of examiners
and rapists, procreation by whom is deemed orders subject to review by Supreme Court. decide to
by Supreme Court. decide to be most ef-
inadvisable.
fective.
N: D.
1913
Inmates of state prisons, reformatories, state (1) Board of examiners consisting of chief None specified.
school for feebleminded, state hospitals, and medical officer, secretary of the state board
state asylums
insane, procreation by of health, and one surgeon appointed by the
whom is deemed inadvisable, or whose condi- state board of control.
tion
may be benefited by such operation, (2) Chief medical officer on request or with
and persons twice convicted of felony in this consent of inmate.
state or elsewhere.
Wash.
1909
None specified.
Habitual criminals, and persons adjudged Court passing sentence for offense.
guilty of carnal abuse of female persons un-
der 10 years, or of rape.
Wis.
1913
Inmates of institutions having charge of Experts consisting of one surgeon and one Any operation for pre-
criminal, insane, feebleminded and epilep- alienist, both appointed by state board of vention of
procreation
tic persons, procreation by whom is deemed control, and superintendent of Institution. as is decided safest and
to be inadvisable.
most effective.
Admission and Discharge
ALABAMA
Feebleminded
No institution.
Simple, harmless, incurable dements, dotards, imbeciles or idiots are
not fit patients for insane hospitals. Persons mentally so deficient and
disqualified that they need restraint, are admitted to insane hospitals by
order of probate judge, made after investigation.—(Code 1907, Sec. 854.)
Epileptic
No institution.
Provision has been made by the legislature to establish an "epileptic
colony," but has been suspended for want of funds.
ARIZONA
Feebleminded-
No institution.
Epileptic,
No institution.
A bill relating to the segregation of the feebleminded and epileptic
in a home suited to their needs, was before the 1913 Legislature but
failed of passage.
ARKANSAS
Feebleminded-
No institution.
Epileptic-
No institution.
When it is deemed unsafe to the community for feebleminded and
epileptic persons to be at large, they may be committed to the hospital
for nervous diseases under the same provisions as govern the insane.
CALIFORNIA
Feebleminded and Epileptic-
The Sonoma State Home.
Any parent, guardian, or other person charged with the support of
an imbecile or feebleminded person, or any idiot, or epileptic who is not
insane, may petition the superior court of the county in which he reisdes,
(36)
for the admission of such person to such hospital. If, on inquiry, the
judge finds applicant to be an imbecile, feebleminded person, idiot or
epileptic, and a resident of the state for one year next preceding appli-
cation, he must make an order for his admission to such hospital, said
admission to be subject to the judgment of the management of the hos-
pital or the commission. Liability of parent or guardian for support
of such person is to be determined by the judge. When accommoda-
tions permit the Board of Managers may admit without judicial commit-
ment, persons whose full expenses are paid.—(Political Code, Part III.,
Title V., Chap. 1, Sec. 2192-2196.)
COLORADO
Feebleminded and Epileptic-
State Home and Training School for Mental Defectives.—There
shall be admitted to the State Home and Training School feebleminded
persons, incapable of receiving instruction in the public schools, also
epileptics and feebleminded adults unable to care for themselves or their
property; provided that applicant, or his legal guardian shall be a bona-
fide resident of Colorado. When parents, or feebleminded persons, are
able to pay the whole or any part of the maintenance it shall be required
of them.
There shall also be admitted from other states and territories feeble-
minded persons, provided they are not afflicted with any contagious dis-
ease and pay their entire expense, after all Colorado applicants are cared
for.
Courts have the authority to commit as provided by law for the in-
sane, i. e. trial by jury and commitment by county court.-(Laws of
Colorado, Sec. 4161E.) (Also School Law, 1912, Sec. 351.)
Upon application of any relative, friend or guardian for the relief,
care, custody, training and education of any feebleminded person, the
judge of any county court may issue an order authorizing county com-
missioner to provide for such person in some public or private institution
in this or other state, from the fund for the relief and care of the poor,
said order to be accompanied with a certificate stating financial ability,
and verified by the affidavit of two disinterested persons.—(Code 4132.)
At present epileptics are received at the State Insane Asylum under
same conditions as the insane, i. e. trial by jury and commitment by
county court, but these will be received at the State Home and Training
School as soon as provision can be made.
(37)
CONNECTICUT
1
Feebleminded
The Connecticut School for Imbeciles.
Private institution until 1913, when the legislature passed a law
authorizing the state to purchase said school and establish it as a state
institution. This Act provides:
For the establishment of an institution at Lakeville to be known as
The Connecticut School for Imbeciles, the object of which shall be the
care, custody, maintenance and education of imbeciles, resident of the
state. The trustees are authorized to admit inmates under special agree-
ment, and also to receive inmates when committed thereto as provided by
law. (See Sec. 2787, Gen. Statutes, as quoted below). The expense of
support and maintenance of all inmates is to be paid in whole or part
from estate if he have any.-(Laws of 1913.)
Whenever any pauper or indigent imbecile person is found in the
state who would be benefited by the school for imbeciles at Lakeville, the
selectmen of such town are to make application to court of probate for
the admission of such person, and if, upon inquiry the court finds him to
be a proper subject, it shall order the selectmen to take him to said
school, to be kept and supported for such length of time as the court may
deem proper. The order of the court must be approved by the governor,
and no person shall be received into said school without such approval.-
(General Statutes of Conn., Sec. 2787, as amended in 1911.)
Epileptic
The Connecticut Colony for Epileptics. (Opened in October, 1913.)
The trustees are authorized to admit patients under special agree-
ments; provided that hopeful cases shall have preference and no hope-
lessly or violently insane person shall be admitted. The expense of sup-
port and treatment of all patients shall be paid in whole or part from
estate of such person if he have any. Whenever there is found in the
state any pauper or indigent epileptic who may be benefited by said in-
stitution, such proceedings may be had for his commitment thereto as are
now provided by law for the commitment of insane paupers and in-
digent persons. (Laws of 1905, Chap. 196, given below). No patient
shall be discharged until, in the judgment of the superintendent, his mental
and physical condition justify it.-(Laws of 1909, Chapter 207.)
When any pauper in any town shall be insane, a selectman may
apply to the court of probate for his commitment to a state hospital; the
court shall appoint two reputable physicians to investigate the facts, and
if they report that said pauper is insane, the court shall order him taken
to a state hospital, to be kept and supported as long as requisite.
(38)
When an indigent person not a pauper is insane, application may be
made by any person to the court of probate; the court shall appoint two
reputable physicians and a selectman to investigate the facts, and if the
court is satisfied that such person is a fit subject, it shall order him taken
to a state hospital, to be kept and supported as long as may be requisite,
the expense of maintenance to be borne in part by person making appli-
cation.
Any insane pauper not a resident of any town, may be committed by
the governor to any suitable place of detention, upon the certification
(duly sworn to) of a physician that such pauper is insane.—(Laws of
1905, Chap. 196.)
The Connecticut Colony for Epileptics was expected to open about
October 1, 1913. As the accommodations are limited, only indigent and
pauper patients, residents of the state, will be admitted at first.
DELAWARE
Feebleminded-
No institution.
Associate judges of the Superior Court shall be trustees for the in-
digent imbecile children of the state, and application may be made to
them for admission of such children into the Pennsylvania Training
School for feebleminded children.
Said trustees shall require statement of each applicant's condition
and circumstances to be forwarded to superintendent of said institution
upon whose certificate approving said applicant as one who may be bene-
fited by admission, said trustees shall recommend applicant to the gov-
ernor, who shall cause said applicant to be admitted upon his warrant to
the superintendent of said institution, provided that not more than three
imbecile children of each county shall be in the institution at the same
time, and not more than $1,600 shall be paid to the state in any one year.
Whenever superintendent of said school shall report that any pupil
admitted thereto under the foregoing provisions has received all the bene-
fit that can be derived from the training, the associate judge of the county
to which said pupil is accredited shall notify superintendent to discharge
said pupil.—(Laws of Delaware, Vol. 12, Chap. 53.)
Epileptic,
No institution.
Epileptics are received at the Delaware State Hospital under the
same provisions as govern the insane.
(39)
FLORIDA
Feebleminded-
No institution.
Epileptic-
No institution.
Feebleminded and epileptic patients are received at the Florida Hos-
pital for the Insane, provided they are in need of mechanical restraint,
otherwise they are supported by the county wherein they reside, on the
pauper list.-(See Gen. Statutes, Chap. 5456, Sec. 1.)
GEORGIA
Feebleminded-
No institution.
Epileptic-
No institution.
Persons may become inmates of the Georgia State sanitarium who are
either lunatics, idiots, epileptics or demented inebriates, provided they
are citizens of the state of Georgia. The superintendent may refuse to
receive harmless idiots, as long as there are recent and dangerous cases
unprovided for.-(Civil Code, Sec. 1595-1614.)
IDAHO
Feebleminded and Epileptic-
The Idaho State Sanitarium. (In course of construction.)
All feebleminded residents so defective as to be unable to receive
proper training in the public schools; and all feebleminded or epileptic
persons unable properly to take care of themselves, under such conditions
and regulations as board of directors may provide, may be admitted to
Idaho State Sanitarium as follows:
Non-indigent and non-resident applicants under the discretion of
board of directors.
Whenever it appears by affidavit to satisfaction of magistrate of any
county that a person is a fit subject, he must issue a warrant for arrest,
after examination by graduate physician and the testimony of witnesses,
the physician must issue a certificate, and thereupon the judge must com-
mit such person if he believes him eligible. Feebleminded and epileptic
persons upon recovery must be discharged.—(Session Laws, 1911, Chap-
ter 41.)
ILLINOIS
Feebleminded-
Lincoln State School and Colony.
(40)
Admission is under the control and direction of the Board of Ad-
ministration of Charities. The board is required and empowered to cause
the removal of feebleminded women and children from the county alms-
houses to the Lincoln State School and Colony.-(Jones and Add., p.
817.)
Object of institution to promote the intellectual, moral and physical
culture of the inmates, and to fit them, as far as possible, for earning their
own livelihood and for future usefulness in society.—(Jones and Add.,
p. 824.)
Admission is free to all residents of the state, and non-residents may
be admitted on payment of fair rate of tuition.—(Jones and Add., p.
829.)
Epileptic-
State Colony for Epileptics. (Money for establishment of same
available on July 1, 1913.)
Applicants, residents of Illinois, may be admitted to said colony by
either of the following methods: 1. Upon voluntary application to the
superintendent, accompanied by certificates of two physicians stating that
applicant for admission is an epileptic. 2. Any parent, relative, con-
servator, guardian, or reputable citizen, may petition any court of record
in county where epileptic resides; if it is found upon the evidence of two
or more physicians, that such person is an epileptic, the court may order
his admission and it shall be the duty of the superintendent to receive
hima: Provided that if an adult, the alleged epileptic shall give his con-
sent in writing, and if a minor, or under any other disability, the con-
sent of the parent, guardian or conservator shall be given in writing. It
shall be unlawful to keep in the colony any insane person. Discharge and
parole from said colony shall be under the direction and control of the
Board of Administration.-(Laws of 1913.)
The Court may, when the health or condition of any child found to
be dependent, neglected or delinquent requires it, order the guardian to
cause such child to be placed in a public hospital or institution for treat-
ment or special care, or in a private hospital or institution which will
receive it, for like purposes, without charge to the public authorities.-
(Revised Statutes, 1911, Chap. 28, Art. 177b.)
INDIANA
Feebleminded
Indiana School for Feebleminded Youth.
Subject to the rules of the Board of Trustees there may be admitted
to the Indiana School for Feebleminded Youth, feebleminded or idiotic
(41)
children, 6 to 16 years of age, and feebleminded women between the
ages of 16 and 45 years. With the approval of the county commissioners,
application may be made, (1) by father, if father and mother are living
together; or, if not, (2) by one having custody of the child; (3) by guar-
dian, duly appointed; (4) by the superintendent of any county poor asy-
lum, or by the person having the management of any institution caring
for children, and under items 3 and 4, the consent of the parents, if liv-
ing, is not necessary. Any person may petition the circuit court for the
commitment of any feebleminded woman between the ages of 16 and 45
years; and after hearing, the judge shall commit such person, together
with affidavits regarding her financial standing; the sum, if any, to be paid
for her support, shall be fixed by the board of trustees.-(Laws of 1911.)
Any pupil may be discharged or returned to his or her parents or
guardian when in judgment of trustees, it will not be beneficial to pupil,
or will not be for best interests of school to retain pupil longer.--(Code
1908, Sec. 8541.)
Epileptic
Indiana Village for Epileptics.
All epileptics having legal settlement in state are eligible for ad-
mission. Application is to be made to the circuit court by a reputable citi-
zen of the county, setting forth under oath such facts as trustees may re-
quire, together with the written statement of a reputable physician. The
court shall require the written certificate of two physicians of five years'
practice stating that examination shows person to be epileptic, and after
commitment by the judge, the admission of such person shall be subject
to the superintendent of the village.
No person shall be discharged from the village until, in the judg-
ment of the superintendent, his mental and physical condition justify it.-
(Code 1908, Sec. 3461-3467.)
IOWA
Feebleminded-
Iowa Institution for Feebleminded Children.
All persons between the ages of 5 and 21 years unable by reason of
deficient intellect to secure education in the common schools, are eligible
for admission, application to be made by father and mother, or either if
other be dead or adjudged insane; or 'by guardian, or if none, by board of
supervisors or county attorney, and it is the duty of such board or such
county attorney to make application for any such child who has no living
sane parent or guardian, unless he is otherwise comfortably provided for.
(42)
Any inmate may be returned to parents or guardian at any time by
order of board.(Code, Chapter 7, Title 13, Sec. 2693-2701.)
All feebleminded women under 46 years of age, who are residents
of the state, may be admitted under same provision as children.—(Sup-
plement 1907, Sec. 2695a.)
All feebleminded men under the age of 46 years, may be admitted
under the same provisions as govern the admission of children.--(Laws
of 1909, Chap. 173.)
Children brought before a judge of the district court (acting under
the provisions of this act), who are found to be feebleminded, may be
committed to Institution for Feebleminded Children, but cannot be de-
tained beyond their minority.—(Supplement to the Code of Iowa, 1907,
Chap. 5B.)
Epileptic-
No institution.
KANSAS
Feebleminded
State Home for Feebleminded.
All idiotic or imbecile youth not over 15, incapable of receiving in-
struction in the common schools, and residents of the state for six months,
are eligible for admission. Persons of greater age may be admitted in
the discretion of the Board of Control; and non-residents upon payment
of fair rate of tuition. The superintendent has the power to restrain,
parole or discharge inmates whenever it is to their best interests. Any
inmate or relative may apply to the probate court of Cowley County for
the discharge of such inmate, and the court has power to discharge or de-
tain as it finds to the best interests of the inmate.—(Statutes of 1909,
Sec. 8448, 8450, 8458.)
Epileptic
Parsons State Hospital for Epileptics.
The Board of Trustees shall make and establish such rules and regu-
lations as it deems necessary for the admission of epileptics, sane or in-
sane, to the Parsons State Hospital for Epileptics. Any patient admitted
as a sane epileptic, who is of legal age, or a parent or guardian of any
such person, if a minor, may at any time obtain the discharge of such
patient by giving ten days' notice in writing-(Statutes 1909, Sec. 8504,
8502.)
Rules established by Board of Trustees for admission of patients:
Institution open for admission of any resident of the state sane or
(43)
insane, who is suffering from epilepsy, except low grade imbeciles and
idiots.
First patients received are to be insane epileptics who at time of
establishment of this hospital were inmates of the state hospital for the
insane.
Next to be received are epileptics whose admission to the state hos-
pitals for the insane has been refused because of their mental condition
or otherwise, and who are at the time inmates of the county poor farms
or jails.
Non-residents are received only by special arrangements made with
the board.
Sane epileptics are admitted on voluntary commitment, signing their
own application if of legal age, and upon application signed by parent or
guardian in the case of minors.
Insane epileptics are committed by the probate court, using same
form of commitment as for the ordinary insane.
All applications for admission should be made through the office of
the probate judge of the county where the patient is a resident.
KENTUCKY
Feebleminded
Kentucky Institution for Feebleminded Children.
All feebleminded persons from 6 to 18 years of age, who can be
educated or trained to do work, may be admitted to the Kentucky Institu-
tion for Feebleminded Children, after inquest of jury, conducted as for
insane.--(See Russell's Kentucky Statutes, 1909, Sec. 4247.) Superin-
tendent to return to county all those, further attempts to educate whom,
will not prove beneficial to state.
No child shall be kept after arriving at age and mental condition
such that he will be able to provide for himself.—(Kentucky Statutes,
Chap. 20, Sec. 4208, 4210.)
Pauper idiots may not be sent to asylum unless dangerous to be at
large.—(Russell's Statutes, 1909, Sec. 4227.)
Epileptic
No institution.
No person not otherwise insane shall be sent to asylum merely be-
cause he is subject to epileptic fits.—(Russell's Statutes, 1909, Sec. 4262.)
All pauper idiots, epileptics and harmless incurable lunatics shall
be returned by the asylum to their counties.—(Russell's Statutes ,1909,
Sec. 4223.)
(44)
LOUISIANA
Feebleminded
No institution.
Epileptic
No institution.
Feebleminded and epileptic patients are cared for in hospitals for the
insane. Insane persons are committed by judge of district or parish court
after proper inquiry.—(Revised Laws, Vol. 1, Sec. 1768.) (Also Laws
of 1902, No. 92, applying to colored people.)
MAINE
Feebleminded-
Maine School for Feebleminded.
All idiotic and feebleminded persons over 6 years of age are eligible
for admission and all such persons supported by towns, who in the judg-
ment of the municipal officer of towns or State Board of Charities are
capable of being benefited by school instruction, shall be committed.
Feebleminded persons shall be admitted to the institution in the fol-
lowing order: First, feebleminded persons who are now in public in-
stitution, supported entirely at public expense; second, feebleminded per-
sons in public institutions not supported as aforesaid ; third, feebleminded
persons who are not in any institution of the state,who have no parents,
kinsmen or guardian able to provide for them, or who are committed by a
judge of probate; fourth, those residing within the state whose parents,
kinsmen or guardian bound by law to support such persons are able to
pay; fifth, persons of other states whose parents, kinsmen or guardian are
willing to pay.
Whenever it is made to appear, upon application to the judge of pro-
bate for any county and after due notice and a proper hearing, that any
persons resident in said county, or any inmate of the Maine Industrial
School for Girls, the Maine School for Boys, the Bath Military and Naval
Orphan Asylum, or any person supported by any town, is a fit subjcet
for the Maine School for Feebleminded, such judge may commit such
person to said school by an order of commitment directed to the trustees
accompanied by a certificate of two physicians, that such a person is a
proper subject for said institution.
Any order of committal under this act shall be subject to appeal.
Any inmate of the Maine School for the Feebleminded may be discharged
by any three of the trustees or by a justice of the supreme or superior
court of the state whenever a further detention in such school in their
(45)
opinion is unnecessary.-(Public Laws of 1907, Chap. 44.) (Laws of
1909, Chap. 167.) (School Laws of 1911, p. 46.)
Epileptic-
No institution.
MARYLAND
Feebleminded
Rosewood State Training School for Feebleminded.
Residents of the state who are feebleminded may be admitted to
the Rosewood State Training School for Feebleminded, where tuition is
charged if applicant is not indigent. Adults may be retained and con-
trolled at the institution upon the certificate of a judge that such disposi-
tion would be beneficial. Non-residents may be received if vacancies
exist.-(General Laws, Art. 59, Sections 39 and 45.)
Epileptic-
No institution.
MASSACHUSSETTs
Feebleminded
Massachusetts School for the Feebleminded.
Wrentham State School.
If upon application in writing, a judge of probate finds that a per-
son is a proper subject for the Massachusetts School for the Feeble-
minded or the Wrentham State School, he may commit him thereto by an
order of commitment directed to the trustees thereof, accompanied by the
certificate of a physician qualified as provided in section thirty-two, that
such person is a proper subject for said institution.
The trustees of said institutions may at their discretion receive,
maintain and educate in the school department, any feebleminded person
from this commonwealth, gratuitously or otherwise, upon application be-
ing made therefor by the parent or guardian of such person, accompanied
by the certificate of a physician that such person is deficient in mental
ability, and a fit subject for said school. Special pupils may be received
from any other state or province at a charge of not less than three hun-
dred dollars a year. The trustees may also at their discretion receive in
the school department other feebleminded persons gratuitously or upon
such terms as they may determine.
If an inmate of the Massachusetts School for the Feebleminded or
the Wrentham State School shall have reached the limit of school age or
in the judgment of the trustees shall be incapable of being further bene-
fited by school instruction, or if the question of the commitment to or con-
(46)
tinuance in either of said schools of any inmate is in the opinion of the
trustees and of the state board of insanity a proper subject for judicial
inquiry, the probate court for the counties of Middlesex and Norfolk,
respectively, may, in its discretion, order such inmate to be brought be-
fore the court, determine whether or not he is a feebleminded person, and
may commit him or may order him to be discharged therefrom.—(Acts
of 1909, Chapter 504, Sections 63, 64, 65.)
Defective Delinquents--
At state reformatory for women, Massachusetts reformatory and
state farm shall be maintained defective delinquents. Males under 21 are
to be committed to the Massachusetts reformatory; males over 21 to de-
partment at state farm; all females to the reformatory for women. Com-
mitment shall be only after filing with the judge a certificate of two
physicians, duly qualified and registered, that the person is mentally de-
fective. To these departments are to be committed all offenders who are
mentally defective, or those already committed to the above institutions
or to the Industrial School for Boys, Industrial School for Girls, Lyman
School, Truant School, or to custody of state board of charities for an
offense not punishable by death or life imprisonment, who so behave
as to render themselves unfit for retention in such institutions and not
proper subjects for the School for the Feebleminded.
All such persons shall be under the custody of the Board of Prison
Commissioners until discharged; except that all committed to the state
farm shall be under custody of the trustees.
Application for discharge shall be made to justice of municipal, po-
lice, or district court. If, after hearing justice finds it probable that in-
mate can be suffered at large without serious injury to himself, or danger
or annoyance to others, authorities shall parole. At end of one year he
may be released.
If later convicted of any crime, commitment may be
without certificate of a physician.-(Acts of 1911, Chapter 5.)
Epileptic-
Monson State Hospital.
Hospital Cottages for Children.
A person of the age of ten years or over who is subject to epilepsy,
if he is not a criminal, inebriate or violently insane, may, if insane, be
committed to the Monson state hospital, in accordance with the provisions
for the commitment of other insane persons, or may, if dangerous to him-
self or others by reason of epilepsy, be committed thereto in the manner
provided for the commitment of dipsomaniacs and inebriates.
The trustees of said hospital may receive and detain therein as a
(47)
patient any person of the age of ten or over certified to be subject to
epilepsy by a physician, who desires to submit himself to treatment, and
make application therefor, and whose age and mental condition are such
as to render him competent to make such application, or for whom ap-
plication is made by a parent or guardian. No such patient shall be de-
tained more than three months after having given notice in writing of his
intention or desire to leave the hospital. Upon the patient's reception at
the hospital, the superintendent shall report the particulars of the case
to the board of insanity, who may investigate the same.
Patients or parent or kindred bound by law to maintain them, will
be held for the support of patients, if they are able.
State Board of Insanity may send to and keep at hospital cottages
for children such number of children afflicted with epilepsy as shall be
approved by the trustees and superintendent.--(Acts of 1909, Chapter
504, Sec. 63-82.)
MICHIGAN
Feebleminded and Epileptic-
Michigan Home for the Feebleminded and Epileptic.
Feebleminded and epileptic residents over 6 years of age shall be
eligible for admission to the Michigan Home for the Feebleminded and
Epileptic.
Petition for admission may be made by father, mother, husband,
wife, brother, sister, child or guardian of a person alleged to be feeble-
minded or epileptic, or by the sheriff or any superintendent of the poor,
or supervisor of any township, and directed to the probate court of coun-
ty. After hearing and examination, if such person shall be found and
adjudged to be feebleminded or epileptic, the court shall immediately is-
sue an order for his admission. If no jury is required, the court shall de-
termine the question of whether such person is a feebleminded or epilep-
tic person or not. Preference shall be given to the admission of indigent
patients, so far as circumstances permit: Provided, that no feebleminded
woman above the age of 48 years, not an epileptic, nor any feebleminded
man not an epileptic whose condition is due to senility, shall be admitted
to said institution.
There may be admitted any feebleminded inmate of any other in-
stitution supported by the state, who shall be examined by two reputable
physicians appointed by the court, and if found to be feebleminded or
epileptic shall be committed by the court to the Michigan Home for
Feebleminded and Epileptic as a public patient. After restoration to
normal condition, such inmate shall be returned to institution from which
he was committed.
(48)
The medical superintendent may by consent of the board of control
discharge any patient in the following cases: 1st, a patient who has, in
his judgment, recovered; 2nd, any patient who has not recovered but
whose discharge, in the judgment of the superintendent, will not be de-
trimental to the public welfare nor injurious to the patient. When the
superintendent is unwilling to discharge an unrecovered patient upon re-
quest, and so certifies in writing, the probate court of the county from
which the patient was admitted, may direct by order the discharge of
such patient. The superintendent may grant a parole to any patient not
exceeding 30 days. The superintendent shall have authority to demand
and enforce the return of paroled person. Superintendent may readmit
patient without new order for admission, within one year after discharge,
if such patient was discharged by medical superintendent. If such pa-
tient was discharged by court, he shall not be readmitted without new
order-(Act 101 of the Public Act of 1909, as amended by Act No. 14,
of the Public Acts of 1913.)
MINNESOTA
Feebleminded and Epileptic-
Minnesota School for Feebleminded and Colony for Epileptics.
All feebleminded persons resident of the state, who, in the opinion
of the superintendent of said school are of suitable age and capacity to
receive instruction in such school and whose defects prevent them from
receiving proper training in the public schools, and all idiotic and epilep-
tic persons resident of the state may be admitted to their respective de-
partments under such conditions and regulations as said board shall pre-
scribe.-(Revised Laws 1905, Sec. 1914.)
When any child under the age of 17 years shall be found to be de-
pendent or neglected, within the meaning of this act, the court may make
an order committing the child to the care of some suitable state institution
or to the care of some reputable citizen of good moral character, as pro-
vided by law, or to the care of some association willing to receive it, em-
bracing in its objects the purpose of caring for or obtaining homes for
dependent or neglected children, which association shall have been ac-
credited as hereinafter provided. The court may, when the health or
condition of the child shall require it, cause the child to be placed in a
public hospital or institution for treatment or special care, or in a private
hospital or institution, which will receive it for like purpose without
charge.—(Gen. Laws 1905, Chap. 285, Sec. 7.)
Any crippled or deformed child, helpless, who cannot be benefited
by treatment at State Hospital for Crippled and Deformed Children, or
any child physically helpless from any chronic diseases of nervous sys-
(49)
tem or any child or adult suffering from such or other incurable chronic
invalidism may be admitted to department for incurables at discretion of
board of control and under such conditions as it may prescribe. Provided,
that this does not apply to those helpless from insanity or senile demen-
tia, or whose presence shall, in opinion of superintendent be incompatible
with general purpose of institution.—(Revised Laws 1909, Sec. 1914.)
ASYLUM FOR DANGEROUS INSANE-
At the state hospital at St. Peter, there shall be held in custody and
cared for such insane persons, idiots, imbeciles and epileptics as may be
committed thereto by courts of criminal jurisdiction, or otherwise, or
transferred thereto by board of control, and for such persons as may be
declared insane while confined in any penal institution, or who may be
found to be mentally infirm or dangerous.—(Minnesota Supplement 1909,
Sec.1926.)
MISSISSIPPI
Feebleminded
-
No institution.
Epileptic-
No institution.
MISSOURI
Feebleminded and Epileptic-
Missouri Colony for the Feebleminded and Epileptic.
There shall be received and gratuitously supported in the colony
feebleminded and epileptics residing in the state who, if of age, are un-
able, or if under age, whose parents or guardians are unable to provide
for their support therein.
Feebleminded and epileptic persons shall be received only upon
written request of persons desiring to send them, stating degree of re-
lationship between patients and persons requesting admission, and the
ability of the respective parents or guardians or others to provide for
their support in whole or in part. This statement in all cases of state
patients must be verified by affidavit of petitioner and of two disinterested
persons and accompanied by opinion of two qualified physicians, all resi-
dents of same county as patient; county court must certify that patient
is eligible for admission. State patients, whether of age or under age,
may be received upon official application of any judge of a court of record.
Superintendent of colony with approval of managers has power to
discharge any patient who in their opinion has fully recovered.—(Re-
vised Statutes 1909, Sec. 1508.)
The Board of Managers now requires a court request for all pa-
tients received.
(50)
MONTANA
Feebleminded
Montana Schools for Deaf, Blind and Backward Children.
The trustees, according to such rules as they may prescribe; on ap-
plication shall receive into the school all deaf, dumb, blind, and feeble-
minded residing in the state of Montana, between the ages of 6 and 21
years, who are not unsound of mind or dangerously diseased in body, or
incapable of instruction. The time of attendance shall be limited to 10
years with a possible extension of two years. Non-residents may be ad-
mitted on payment of tuition, when there are vacancies. In the case of
indigent pupils, an order of court to that effect must be filed with the
president of the school before the admission of such pupils. Those who
are fit inmates for asylums are not to be received.—(Revised Codes 1907,
Sec. 1168-1171.)
Epileptic
No institution.
NEBRASKA
age, who
Feebleminded-
State Home for Feebleminded.
All imbecile and feebleminded youth from 5 to 18 years
of
have been residents for one year, and who are incapable of receiving in-
struction in common schools, may be admitted to the Institution for
Feebleminded Youth at the discretion of the superintendent. Persons of
greater age and non-residents whose expenses are paid may be admitted
when they can be accommodated.--(Cobbey's Statutes 1911, Sec. 10032.)
Epileptic-
No institution.
NEVADA
Feebleminded
No institution.
The following provisions for the feebleminded are made by law:
Any person may apply to a district judge for the commitment of an
idiot or feebleminded person who has been a resident of the state for five
years and of the county wherein he resides for one year, to the Nevada
Hospital for Mental Diseases. If it is proven to the satisfaction of the
judge after examination of witnesses and the testimony of one or more
physicians that such person is an idiot or feebleminded person, without
means of proper support, he shall cause him to be conveyed to the hos-
pital. But all patients so committed shall be on probation for thirty days
after commitment and if in the judgment of the person in charge of the
(51)
hospital any such person is dangerous to be at large only because of his
feeblemindedness or bodily infirmity, he shall so notify the board of com-
missioners and at their direction may request the district judge to appoint
a commission of three physicians to examine such patient. If such a com-
mission determine that it unsafe to permit such a patient to be at large be-
cause of his feeblemindedness but not because of insanity, such patient
shall either be returned to the county from which he was committed or
the county shall agree to pay for his support at hospital.
The Board of County Commissioners is authorized to receive and
care for indigent feebleminded minors of the state, and to hold them sub-
ject to such an arrangement as may be made for their care and education
in an institution of a neighboring state.—(Laws of 1913, Chap. 231.)
Epileptica
No institution.
NEW HAMPSHIRE
Feebleminded-
New Hampshire School for Feebleminded.
There may be admitted idiotic and feebleminded children between
the
ages of 3 and 21 years. All children supported by towns or counties
in state, who in the judgment of the selectmen of the town, county com-
missioners, or State Board of Charities, are capable of being benefited by
school instruction, shall be committed. Provision shall also be made for
the detention, care and custody of feebleminded girls, inmates of the
school, after they reach the age of twenty-one, if in judgment of board of
trustees, it is for the best interests of the community. All indigent and
destitute applicants may be admitted as state charges, and all other chil-
dren whose parents or other kinsmen, bound by law to support them, are
able to pay, shall pay for their support. Feebleminded persons shall be
admitted in the following order:
First, feebleminded children now in public institutions supported en-
tirely at public expense; second, the feebleminded children not supported
as aforesaid; third, the feebleminded children of the state not in any pub-
lic institution, who have no parents, kinsmen or guardian able to provide
for them, or persons committed by a judge of probate; fourth, those re-
siding within the state whose parents, kinsmen, or guardian bound by law
to support such children are able to pay; fifth, children of other states
whose parents or guardians are able and willing to pay.
Whenever it is made to appear upon application to the judge of pro-
bate for any county, and after proper hearing, that any feebleminded
child or any feebleminded female of child-bearing age resident within
(52)
said county, and who is not already in any almshouse, the industrial
school, or the New Hampshire hospital, or supported by any town or coun-
ty, is a fit subject for the New Hampshire School for Feebleminded Chil-
dren such judge may commit such child or feebleminded female to said
New Hampshire School for Feebleminded Children by an order of com-
mitment directed to the trustees thereof, accompanied by the certificate
of two physicians that such feebleminded female is a suitable subject for
said institution.
Any order of committtal under this act shall be subject to appeal.
Any inmate of the New Hampshire School for Feebleminded children
may be discharged by any three of the trustees, or by a justice of the su-
perior or supreme court, whenever a further detention at the school is in
their opinion unnecessary.—(Laws of 1901, Chap. 102, as amended by
Laws of 1905, Chap 23, as amended by Laws of 1909, Chap. 47.)
Epileptic
No institution.
NEW JERSEY
Feebleminded
The Training School (semi-private).
New Jersey State Institution for Feebleminded Women.
The governor may place at state expense any feebleminded person of
suitable age and capacity for instruction in some institution. The term
of instruction shall be three years but may be extended to eight years.
The governor is empowered to withdraw the name of any person im-
properly admitted or found incapable of instruction after having been
given a fair trial. Whenever any person has been in an institution for
eight years, the extension of term of instruction is left to the discretion of
the governor.-(General Statutes, 1709-1905, Art. 1-13, as amended by
Chap. 126, Laws of 1910.)
The governor may commit all feebleminded indigent women over 12
years of age to the State Home for the Care and Training of Feeble-
minded Women.—(General Statutes 1709-1895, Art. 17, as amended by
Art. 49.)
Any parent or guardian or custodian who applies to have any per-
son admitted to any institution for defectives as a state pupil shall in
such application waive all right to remove such inmate either permanently
or for limited time; provided, that any inmate may be discharged upon re-
quest of the governor on recommendation of superintendent. The head
of
any institution may grant a leave of absence to any inmate for a limited
time.-(Laws 1904, Chapter 134.) (Also Laws 1911, Chap. 229.)
(53)
Indigent feebleminded men over 21 are to be cared for at the Epilep-
tic Village at Skillman, according to provision for such village.-- (Laws
1908, Chap. 811.)
All applications for admission to any institution supported in whole
or in part by state and operated for care and custody of feebleminded
and epileptic shall be filed in office of Commissioner of Charities and
Corrections and admission shall be upon certificate of said commissioner.-
(Laws 1910, Chap. 208.)
Any male inmate of any institution for indigent feebleminded persons
may be paroled under such conditions that he shall be liable to be taken
back if conditions of parole are broken.—(Laws 1910, Chapter 212.)
Epileptic
New Jersey State Village for Epileptics.
Board of managers shall prescribe rules and regulations for ad-
mission and discharge of patients.—(Laws 1899, Chap. 152, Sec. 6.)
All epileptics are eligible for admission to the State Village for
Epileptics except those who are insane or idiotic.
Indigent persons, residents for one year, are committed by judge of
court of common pleas upon application and after examination.
Board of managers shall have right to hold and detain any person,
so committed, for a period of not less than one year.
It is the duty of overseer of the poor to place pauper epileptics in
the village.
Board is to provide method of prompt discharge, should any condi-
tion arise making unnecessary or inadvisable further detention.—(Laws
1902, Chap 85.)
Any patient of village for epileptics may be permitted by superin-
tendent to visit his relatives or guardian, but shall during such time be
under legal custody of superintendent and subject to be retaken and re-
turned at any time after expiration of time fixed by order. Such order or
order for retaking of escaped patient shall be sufficient authority and
warrant.-—(Laws 1910, Chap. 175.)
All applications for admission to any institution supported in whole
or in part by state and operated for care and custody of feebleminded and
epileptic shall be filed in offiice of commissioner of charities and correc-
tions and admission shall be upon certificate of said commissioner.-
(Laws 1910, Chap. 208.)
NEW MEXICO
Feebleminded-
No institution.
No case of idiocy, imbecility or simple feeblemindedness shall be
(54)
maintained at the Asylum for the Insane.—(Compiled Laws 1897, Sec.
3619.)
Epileptic
No institution.
NEW YORK
Feebleminded
State Custodial Asylum for Feebleminded Women.
Syracuse State Institution for Feebleminded Children.
Rome State Custodial Asylum.
Letchworth Village.
The board of managers shall have the custody and control of all
property and power to make all rules for the management and control of
the affairs of the State Custodical Asylum for Feebleminded Women.
(Consolidated Laws, Chap 55, Article 6, Sec. 81, known as State Chari-
ties Law.)
A poor person shall not be admitted as an inmate into a state in-
stitution for the feebleminded, or epileptics, unless a resident of the state
for one year next preceding the application for his admission.—(Con-
solidated Laws, Chap. 55, Art. 2, Sec. 17.)
Feebleminded children may be received into the Syracuse State In-
stitution for Feebleminded Children upon the official application of a
county superintendent of the poor, or the commissioners of charity of a
city of the state having such officers. Preference shall be given to poor
or indigent children over all others, and to such as are able or have par-
ents able to support them only in part, over those who are or who have
parents who are able to wholly support such children. When the man-
ager shall direct a state pupil to be discharged from the institution, the
superintendent thereof may return him to the county from which he was
sent. Every parent, guardian, committee, or other person applying for the
admission of feebleminded child who is able,
ents or guardians are able to provide for his maintenance, shall agree
to a certain sum for his support and to the removal of such child without
expense to the institution, within twenty days after service of notice. No-
tice to remove pupil shall be in writing from the superintendent to the
parents, guardians, committee, or other person at whose request he was
admitted. The management of the institution is vested in a board of
managers appointed in accordance with the provisions of section 51 of
chapter 55, Consolidated Laws.-(Consolidated Laws, Chap. 55, Art. 5,
Sec. 60, 68, 69, as amended by Chap. 449 of the Laws of 1910, and Sec.
70, as amended by Chap. 609, of the Laws of 1911.)
а.
or
whose par-
(55)
Superintendent of the poor of the various counties of the state may
commit to the Rome State Custodial Asylum, if vacancies exist, such
feebleminded persons and idiots as are indigent or inmates of county
almshouses, according to the bylaws and regulations of the asylum. All
commitments shall be in the form prescribed by the asylum. Insane
idiots or epileptics shall not be committed. Feebleminded persons and
idiots other than the poor and indigent may be admitted to the asylum if
vacancies exist after providing for the care and custody of the poor anå
indigent feebleminded persons and idiots, upon payment of tuition to be
determined by board of managers.
The Rome State Custodical Asylum shall receive, when it has ac-
commodations therefor, such persons of the class designed to be main-
tained in said asylum, as shall be duly committed thereto in accordance
with the provisions of law and the rules and regulations of said asylum,
and it is hereby vested with the authority to detain all such persons so
committed, including the right to arrest and return any who may escape,
until discharged by the board of managers of said asylum, or by an or-
der of the supreme court of the state of New York.
Any inmate of said institution, or any person or corporation inter-
ested as next of kin or otherwise, may apply to the board of managers
for the discharge of such inmate, by, presenting a petition in writing, duly
verified as a pleading in the supreme court, setting forth reasons for dis-
charge and disposition of inmate if discharged.
In case said petition is denied, the petitioner may serve notice upon
superintendent and the attorney general that said action shall be re-
viewed by the supreme court.
The said inmate shall be discharged or
detained according to the terms of order granted by the court upon such
hearing. (Added by Chapter 399 of the Laws of 1909.)
The superintendent may grant any inmate of said institution a parole
or leave of absence under such rules and regulations as the board of man-
agers of said asylum shall adopt. (Added by Chapter 448 of the Laws
of 1912.)
The superintendent may admit to the asylum temporarily without
commitment, under such rules and regulations as the board of managers
may prescribe, for purposes of observation, such children or adults as are
suspected of being feebleminded or idiotic; to ascertain whether or not
such person is actually mentally defective and a proper case for care,
treatment and training in an institution for the feebleminded or idiots.
(Added by Chapter 448 of the Laws of 1912.) (Consolidated Laws,
Chap. 55, Art. 7.)
A feebleminded child under the age of 16 years, who is under such
(56)
improper or insufficient guardianship as to endanger the morals, health or
general welfare of said child, may be admitted to the Rome State Cus-
todial Asylum, upon order of the county court of Monroe County, if a
vacancy in the asylum exists after providing for the custody of indigent
feebleminded persons and idiots, in the discretion of the board of man-
agers, and under such regulations as to payment and otherwise as such
board shall prescribe.-(Laws of 1910, Chapter 611.)
There shall be received and gratuitously supported in the Letchworth
Village, epileptics and feebleminded persons needing custodial care, upon
the application and commitment of the county superintendent of the poor,
commissioners of public charities, or other officers authorized by law to
make commitments to existing state institutions for the maintenance of
epileptic and feebleminded persons. The said village shall also receive
such epileptic and feebleminded inmates of existing state charitable in-
stitutions and such other epileptic and feebleminded persons supported by
public expense and needing custodial care, except those who are insane,
who shall be transferred to said Letchworth Village in accordance with
the provisions of law.
The superintendent with the approval of the managers shall have
the power to discharge inmates sent to the village, through mistaken
diagnosis, or for other proper causes, provided that such discharge shall
be to the superintendent of the poor, commissioner of public charities or
other officer through whose application the inmate was received into the
village, and provided further, that should any inmate become insane, such
inmate shall be sent to the nearest state hospital.
The village shall receive such mentally incompetent persons
as shall be duly committed thereto and is vested with authority to de-
tain all such persons, including the right to arrest and return any who
may escape, until discharged by the board of managers of said village or
by an order of the supreme court of the state of New York. Any inmate
or any persons or corporation may apply to the board of managers for
discharge of such inmate, by presenting a petition in writing duly veri-
fied as a pleading in the supreme court, setting forth reasons and disposi-
tion of inmate if discharged. In case said petition for discharge is denied
by board, the petitioner may serve notice on said village and the attorney
general, that said action shall be reviewed by the supreme court, and the
said inmate shall be discharged or detained according to the terms of or-
der granted by the court upon such hearing. The superintendent may
grant to a committed patient a parole not exceeding 45 days, at the ex-
piration of which said patient must be again placed in village unless dis-
charged. (Added by Chapter 586 of the Laws of 1911.)–(Laws 1909,
Ch. 446.)
(57)
The Superintendents of the poor shall provide for the support of
poor persons that may be idiots or lunatics, at other places than in the
alms-house, in such manner as shall be provided by law for the care,
support and maintenance of such poor persons.-(Consolidated Laws,
Chap. 42, Art. 2, Sec. 6.)
A person who confines an idiot, lunatic or insane person in any
other manner or in any other place than as authorized by law, and a
person guilty of harsh, cruel or unkind treatment of, or neglect of duty
toward any idiot, lunatic or insane person under confinement, whether
lawfully or unlawfully confined, is guilty of a misdemeanor.--(Consoli-
dated Laws, Chap. 40, Sec. 1121.)
Epileptic,
Letchworth Village. (See laws under Feebleminded.)
Craig Colony for Epileptics.
Designation and Admission of patients. Epileptics, residents of
the state, who are indigent, shall be supported gratuitously, and desig-
nated as state patients. Such number as can be accommodated, whose
expenses are paid, shall be admitted and designated as private patients.
Epileptic children shall be received only upon written request of per-
sons desiring to send them, with statement of financial ability, etc., which
statement in all cases of state patients must be verified by affidavits
of petitioners and 2 disinterested persons, and accompanied by opinion-
of qualified physician, all residents of same county, certified to as cred-
ible by county judge or surrogate of the county; and such judge or
surrogate must also certify that such state patient is eligible and proper
candidate for admission. State patients may also be received into colony
upon official application of a county superintendent of the poor, or of the
poor authorities of any city, and it shall be the duty of such officers
to place in said colony any epileptic who has become a public charge.
Any parent, guardian or friend of an epileptic child within the state may
make application to the poor authorities of any city, or the superintendent
of the poor, showing by satisfactory affidavit or other proof that the
health, morals, comfort or welfare of such child may be endangered or
not properly cared for if not placed in such colony, and thereupon it
shall be the duty of such officer or board to place such child in said
colony. Preference shall always be given to poor or indigent epileptics,
or epileptic children of poor or indigent persons, over all others, and
preference shall always be given to such as are able to support them-
selves only in part, over those who are able or who have parents who
are able wholly to furnish such support.
Discharge of patients. The superintendent, with the approval of
(58)
the board of managers, shall have power to discharge patients, but no
epileptic patient shall be returned to any poor-house. In case of mis-
taken diagnosis, such person shall be returned to the person who sent
him. State patients who become insane shall be sent to state hospital,
and private patients who become insane shall be committed to some state
hospital as prescribed by law.
Detention and Discharge of Inmates; procedure: Same as for Rome
State Custodial Asylum.-(Consolidated Laws, Chap. 55, Art. 8.)
NORTH CAROLINA
Feebleminded
-
North Carolina School for the Feebleminded.
The State shall establish and maintain a school for the care and
education of the idiotic and feebleminded 6 years of age and upward,
which shall be known as the North Carolina School for the Feeblemind-
ed. All feebleminded persons supported by towns, counties, and alms
houses capable of being benefited by school instruction shall be committed
to this institution.
All indigent and destitute persons, in this State, proper subjects
for said school, having no parents, kinsmen or guardian able to provide
for them, may be admitted as State charges, and all other persons in the
state, who are proper subjects, shall pay such sum for care as the trus-
tees shall determine, and such persons from other States having no such
institution and similar schools, may be received when there is room for
them without excluding state charges, upon payment of certain sum.
Whenever it is made to appear upon application to Clerk of the
Court of any county, that any person resident in said county or
any person supported by any town, is a fit subject, such Clerk may com-
mit such person to said school, said commitment to be accompanied by
certificate of two physicians, graduates of some legally organized med-
ical college and practitioners in the state for 3 years.
Any order of committal shall be subject to appeal. Any inmate may
be discharged by any three of the trustees or by a Justice of the Supreme
Court of the State whenever a further detention in such school in their
opinion is unnecessary.
Admission shall be made as follows: First, feebleminded persons
now in public institutions supported entirely at public ex-
pense; 2nd, feebleminded persons in public institutions not supported as
aforesaid; 3rd, feebleminded persons who are not in any institution of
the State, who have no parents, kinsmen, or guardian able to provide for
them, or whom are committed by the Clerk of the Court; 4th, those resid-
who are
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ing within the State whose parents are able to pay 5th, persons of other
States whose parents are willing to pay.
Trustees shall have power to make all necessary rules and regula-
tions as to admission to said institution.—(Laws of 1911.)
Epileptic-
No institution.
White epileptics are to be received at State Hospital at Raleigh;
upon commitment by clerks of superior courts in manner provided for
insane.-- (Laws 1909, Chap. 910.)
NORTH DAKOTA
Feebleminded-
Institution for Feebleminded.
All feebleminded persons residents of this State, who, in the opinion
of the superintendent, are of suitable age and capacity to receive instruc-
tion in the Institution for Feeblemindd, and whose defects prevent them
from receiving proper training in the public schools of the state and all
idiotic and epileptic persons, residents of this state, may be admitted
to and receive the benefits of the Institution, subject to payment of the
sums hereinafter provided, and to such rules and regulations as may be
made by the Board of Control; Provided, however, that any inmate of
such institution shall not be removed therefrom except upon a written
request of the parent, guardian or custodian of such inmate, which said
request must receive the approval of the superintendent before such in-
mate can be removed. But any feebleminded person who is offensive
to the public peace or to good morals, and who is a proper subject for
classification and discipline in the institution, may be committed, on
pursuing the same course of legal commitment as govern admissions to
the State Hospital for the Insane. Such commitment shall comply with
such rules and regulations as may be made by the Board of Control,
and shall be accompanied by the Certificate of Indigence as provided
in Chapter 165 of the Laws of 1911.--(Laws of 1909, Chapter 213, Sec-
tion 1, as amended by Chapter 166, of the Laws of 1913.)
The State Commissioners of insanity hold investigation and hear
testimony; examination by physician and statement by him as to patient's
condition is required; and the Commissioners commit to asylums any that
they find to be suitable patient.—(Revised Codes, 1905, Sec. 1894, 1895.)
Epileptic-
No institution.
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OHIO
Feebleminded-
The Institution for Feebleminded.
The trustees of the institution for feebleminded (youth) may admit
thereto all youth of this class not over 15 years of age, who have been
residents of the state for one year, and are (in)capable of receiving in-
struction in the common schools.-(R. S., Sec. 671.)
If the capacity of the institution allows the reception of pupils be-
sides those above described, the trustees may admit persons of greater
age, and persons not residents in the state. For all who are not resi-
dents of the state for the required time, the trustees shall charge and re-
ceive for the institution a fair rate of compensation, to be fixed by
them.—(R. S., Sec. 673.)
Any parent or guardian may enter a child into the institution for
treatment, culture or improvement, and pay the expense thereof under
terms, rules and regulations prescribed by the superintendent and ap-
proved by the trustees. (93 v. 210, Sec. 4.)
The trustees shall receive as inmates of the custodial department,
feebleminded children, residents of this state, under the age of fifteen
years,, who are incapable of receiving instruction in the common schools
of the state, and adults of the same class, over this age, who are public
charges. The trustees shall prescribe and cause to be printed, instruc-
tions and forms of applications for admission, include therein interroga-
tories and require answers thereto, under oath, showing facts needed
for their information. Such instructions and forms shall be furnished
to applicants for the admission of any person or patient, in whole or
in part as a state beneficiary, and be endorsed by the probate judge of
the county in which he resides at the time of making the application. (93
v. 210, Sec. 5.)
Feebleminded adults of such inoffensive habits as to make them prop-
er subjects for classification and discipline in the institution may be ad-
mitted, on pursuing the same course of legal commitment as govern admis-
sion to the state hospitals for the insane. (93 v. 211 Sec. 6.)
In approving an application for the admission of a person to the in-
stitution, the probate judge shall state whether or not such person has an
estate of sufficient value, or a parent or parents of sufficient financial abil-
ity to defray the expense, in whole or in part, of supporting such person
in the institution, and if there be means of support in part only, the amount
per month which the parent, or legal guardian, may be able to pay. The
person who makes the application for such admission shall therein make
statement, under oath, as to such means of support. (93 v. 211 Sec. 7.)
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In accepting an application for the admission of a person, the trus-
tees shall fix the amount, if any, to be paid for such support, according to
the ability of his parents, or the value of his estate, if any, and shall re-
quire payment for such support. When the indigence of the person or his
family is such as to require his admission upon the full beneficiary fund
of the institution, the support at the institution shall be as provided for in
case of persons over the age of 15 years. (93 v. 211 Sec. 7.)
(Gen. Code, Sec. 1891, 1893, 1900-1904.)
Epileptic-
The Ohio Hospital for Epileptics.
Insane persons who are also epileptic, and whose disease has devel-
oped during their residence in this state, and epileptics who have been
residents of the state for one year next preceding application for admis-
sion, shall be admissible as inmates of this institution. The number of
inmates shall be apportioned among the counties of the state according to
population.-(R. S. Sec. 751-3.)
Nothing herein shall prohibit the admission as inmates of persons not
residents of Ohio, or pay patients from Ohio, if there are accommoda-
tions for them, upon payment of such sums and upon such terms as the
trustees determine.
In the commitment and conveyance to the hospital, the care and cus-
tody while there, and the discharge therefrom, of epileptic insane or epi-
leptics whose being at large is dangerous to the community, like proceed-
ings shall be had, and like powers exercised by officers charged with like
duties in the premises as is provided by law for the commitment and care
of the insane.—(91 v. 95 Sec. 7.)
Application for admission to the hospital of an epileptic person, other
than insane or dangerous, first shall be made in writing by such person,
his or her parent, guardian or representative, to the probate court of the
county in which the epileptic is resident. If such epileptic has no parent,
guardian or representative, any citizen may make such application on his
behalf.-94 v. 182 Sec. 8.)
Not more than five days after the application is filed, on the day fixed
by him, the probate judge shall examine and inquire whether the alleged
epileptic is a suitable person for admission to the hospital, and for such
purpose may subpoena witnesses, a reputable physician, and, if necessary,
may issue his warrant commanding the alleged epileptic to be brought
before him. If deemed unsuitable to bring him into the probate court, the
judge shall personally visit such person, and certify that he has so ascer-
tained his condition by actual inspection. The other proceedings then may
be had in the absence of such person.—(94 v. 182. Sec. 8.)
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If satisfied that the person alleged is an epileptic and a suitable per-
son for treatment at the hospital, he shall cause a certificate to be made by
the medical witness in attendance, shall transmit the application, with the
accompanying papers, to the manager of the hospital who shall advise him
whether the patient can be received and at what time.—(94 v. 183 Sec. 8.)
The board of trustees may make such rules and regulations respecting
the care, custody, discipline and discharge of patients, as they deem best
for the interests of the patients and state. Until properly discharged, all
persons admitted to the hospital as patients shall be under the custody and
control of the manager. Subject to such regulations as the trustees adopt,
the manager may restrain and discipline any patient in such manner as he
deems best for the welfare of the patient and proper conduct of the insti-
tution.—(91 v. 97 Sec. 9.)
(Gen. Code, Sec. 2037, 2043-47, 2051.)
The following laws relate to both feebleminded and epileptic:
An act to create a board of administration for the institutions of the
state named herein; said board shall assume its duties on August 15, 1911,
and shall have full power to manage and govern The Ohio Hospital for
Epileptics; the Institution for Feebleminded Youth which shall be known
hereafter as The Institution for Feebleminded,
and the board
shall have the power to regulate the admission and discharge of the pupils
and inmates in said several institutions as provided by law.—(Laws of
1911.)
When any person is committed to a state hospital for the insane, to
the Longview Hospital, to the Ohio Hospital for Epileptics, or to the In-
stitution for Feebleminded, the judge making such commitment shall at
the same time certify to the superintendent of such institution, and the
superintendent shall thereupon enter upon his records the name and ad-
dress of the guardian, if any appointed, and of the relative or relatives
liable for such person's support under Section 1815-9. (Sec. 1815-9: It
is the intent of this act that a husband may be held liable for the support
of a wife while an inmate of any of said institutions, a wife for a husband,
a father or mother for a son or daughter, and a son or daughter or both,
for a father or mother.)
In case the estate of any inmate is sufficient for his or her support,
without hardship to any others who may be dependent thereon, and no
guardian has been appointed for such estate, the agent shall petition the
probate court of the proper county to appoint a guardian.—(Gen.
Code, Sec. 1815-1, 1815-5, 1815-8, as amended by the Laws of 1911.)
All minors who in the judgment of the juvenile court, require state
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institutional care and guardianship shall be wards of the state, and shall
be committed to the care and custody of “The Ohio board of administra-
tion," which board thereupon becomes vested with the sole and exclusive
guardianship of such minors.
The "The Ohio board of administration” shall provide and maintain
a "bureau of juvenile research," and shall employ competent persons to
have charge of such bureau and to conduct investigations.
The “The Ohio board of administration" may assign the children com-
mitted to its guardianship to the “bureau of juvenile research” for the pur-
pose of mental, physical and other examination, inquiry or treatment for
such period of time as such board may deem necessary. Such board may
cause any minor in its custody to be removed thereto for observation and
a complete report of every such observation shall be made in writing and
shall include a record of observation, treatment, medical history, and a
recommendation for future treatment, custody and maintenance. The
“The Ohio board of administration” or its duly authorized representatives
shall then assign the child to a suitable state institution or place it in a
family under such rules and regulations as may be adopted.
Any minor having been committed to any state institution may be
transferred by such “The Ohio board of administration” to any other state
institution, whenever it shall appear that such minor by reason of its de-
linquency, neglect, insanity, dependency, epilepsy, feeblemindedness, or
crippled condition or deformity, ought to be in another institution. Such
board before making transfer shall make a minute of the order for such
transfer and the reason therefor upon its record, and shall send a certified
copy at least seven days prior to such transfer, to the person shown by its
records to have had the care or custody of such minor immediately prior
to its commitment; provided, that except as otherwise provided by law, no
person shall be transferred from a benevolent to a penal institution.
The “The Ohio board of administration” may receive any minor for
observation from any public institution other than a state institution, or
from any private charitable institution or person having legal custody
thereof, upon such terms as such board may deem proper.
Each county shall bear all the expenses incident to the transportation
of each child from such county to such “bureau of juvenile research,” to-
gether with such fees and costs as are allowed by law in similar cases,
which fees, costs and expenses shall be paid from the county treasury upon
itemized vouchers certified to by the judge of the juvenile court.
The provisions of this act shall become valid on and after the first day
of July, 1914.-(General Code, Sec. 1841-1 to 1841-7.)
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OKLAHOMA
Feebleminded and Epileptic-
Oklahoma Institution for the Feebleminded.
Feebleminded children from 5 to 16 years of age are eligible for ad-
mission; said admission to be applied for (1) by father, if parents are liv-
ing together, (2) if not, by one having custody of child, (3) by guardian
duly appointed, (4) by persons having management of any institutions
where children are cared for, (5) by trustee of any township in Oklahoma,
and under items 3, 4 and 5 consent of parents is not required.
Epileptics may also be admitted until establishment of separate in-
stitution.
Feebleminded persons over 16, whose expenses are paid, may be ad-
mitted under rules for admission and discharge prescribed by board of
managers. Non-residents may be admitted under same conditions.
Feebleminded women may be admitted upon petition filed with clerk
of county, and after examination, judge of county court shall commit.
It is the duty of the board of managers to retain all adult females
committed, so long as it shall be advisable for benefit of said female or of
state; provided that board may release anyone who has reached age of 45,
or when convinced of improper commitment.--(Compiled Laws of 1909,
Chapter 106, Art. 3.)
OREGON
Feebleminded and Epileptic-
State Institution for Feebleminded.
All feebleminded persons, residents, who in the judgment of super-
intendent are of suitable age and capacity to receive instruction in the In-
stitution for Feebleminded, and whose defects prevent them from receiv-
ing proper training in public schools, and all idiotic and epileptic persons,
who have been residents of the state for 1 year, may be admitted under
the conditions and regulations which may be provided by the board of
trustees.-(Lord's Oregon Laws, Sec. 4461.)
Parents and guardians or those legally responsible for the support of
any feebleminded, idiotic or epileptic person, may apply to the Superin-
tendent of the State Institution for the Feebleminded for a blank applica-
tion, which, when properly filled out and approved by the Judge of the
Court of the County in which such feebleminded, idiotic or epileptic per-
son resides, and by the superintendent of said institution, may entitle
person so applying to admission.—(Session Laws, 1907, Sec. 9, Chap. 83.)
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PENNSYLVANIA
Feebleminded-
Western Pennsylvania Training School for Feebleminded.
Eastern Pennsylvania Training School for Feebleminded and Epi-
leptic.
Pennsylvania Training School for Feebleminded Children (Semi-
private.)
Cases afflicted with either epilepsy or paralysis shall have a due pro-
portion of space and care in the custodial department. There shall be
received into the Western Pennsylvania Training School for Feebleminded
children under the age of 20 years, whose admission may be applied for
as follows: 1st, by the father, if father and mother are living together;
2nd, if father and mother are not living together, then by one having cus-
tody of the child; 3rd, by the guardian, duly appointed; 4th, by the super-
intendent of any county orphanage; 5th, by the person having the manage-
ment of any other institution or asylum where children are cared for.
Under items 3, 4 and 5, consent of parents, if living, is not required. Any
parent or guardian who may wish to enter a child into said institution for
treatment, culture or improvement, and pay all expenses of such care, may
do so under terms, rules and regulations prescribed by the superintendent
and approved by the trustees. There shall be received as inmates children,
residents of the State, under the age of 20 years who shall be incapable of
receiving instruction in the common schools of the State. All applications
for persons admitted in whole or in part as State beneficiaries shall be in-
dorsed by the Board of Commissioners or Directors of the Poor of the
county in which they reside. Adults who may be determined to be feeble-
minded, and who are of such inoffensive habits as to make them proper
subjects for classification and discipline in an institution for the feeble-
minded can be admitted on pursuing the same course of legal commitment
as governs admission to the State Hospital for the Insane. The Board of
Commissioners or Directors of the Poor of county shall determine
whether applicant has any estate or parents or guardian able to support
him in whole or in part and the Board of Trustees shall fix the amount,
if any, to be paid for his support according to the ability of same.-(Pur-
don's Digest 1903, p. 1285.)
When 7 years limit is inadequate or where discharge may be injurious
to society, persons may be retained indefinitely. (Penn. Training School
for Feebleminded Children.)-(Laws of 1909, p. 1285.)
There may be admitted to the Eastern Pennsylvania Training School
for Feebleminded and Epileptic, feebleminded and epileptic children under
the age of 20 years who are unable to receive instruction in the common
a
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schools, under such rules as the board of trustees may prescribe. Feeble-
minded adults of such inoffensive habits as to make them proper subjects,
may be admitted under the rules for commitmet to the state hospital for
the insane. Epileptics and paralytics are to be cared for in the custodial
department. If financially able, the support of the patients shall be paid
for in whole or in part by parents or guardian, or from the estate of any
patient if he has any. Patients whose entire expenses are paid, may be
admitted under the rules prescribed by the superintendent and approved
by the trustees.-(Purdon's Digest, 1903, p. 1288) also (Laws 1911, p.
1090.)
Epileptic
Eastern Pennsylvania Training School for Feebleminded and Epilep-
tic. (See above.)
RHODE ISLAND
Feebleminded-
Rhode Island School for Feebleminded.
Sec. 4. All feebleminded persons in care and custody of state, or of
any town, who are capable of receiving school instruction shall be trans-
ferred to school at discretion of board.
Sec. 5. Application for admission shall be made to board by parents,
guardian, or person having care and custody of feebleminded person, and
shall be accompanied by certificate of two practising physicians.
The board may whenever they consider it necessary or expedient dis-
charge any pupil, delivering him to person or place liable for his support,
and in default of such, to state alms-house.
Sec. 6. Whenever complaint in writing is made to any justice or
clerk of any district court that any person is feebleminded so as to require
restraint for his own or public welfare, the court shall upon examination
and testimony of two practising physicians commit to Rhode Island School
for Feebleminded, there to be detained until in judgment of state board of
education such person is no longer under necessity of restraint, or until
after adequate provision for restraint is made.
Application for discharge may be made by patient or by some person
in his behalf, to district court committing, and after hearing court has
power to order discharge. Decision may be appealed in manner provided
for criminal cases.-(General Laws of Rhode Island 1909, Chapter 103.)
Epileptica
No institution.
(07)
SOUTH CAROLINA
Feebleminded-
No institution.
Epileptic-
No institution.
SOUTH DAKOTA
Feebleminded and Epileptic-
Northern Hospital for the Insane. (School for Feebleminded.)
All persons who have been residents of the state for one year, who
are imbecile, feebleminded or epileptic, except such persons who have be-
come feebleminded (by) reason of age, may be admitted for custody, care
or training to the Northern Hospital for the Insane, subject to the judg-
ment of the superintendent; non-residents, inmates before passage of this
bill, may be retained on payment of fair compensation to be fixed by board
of charities and corrections.
Any such person who is without a legal guardian, may be committed
to the custody of the superintendent by the county judge on complaint of
the state's attorney of such county, and the superintendent shall have the
legal custody of such a person committed, with all the rights of a guardian
of the person as provided by law.-(Laws of 1905, Chap. 139.)
TENNESSEE
Feebleminded
No institution.
Epileptic
No institution.
TEXAS
Feebleminded
No institution.
Commissioners' court to provide for support of idiots, residents of
county, who cannot be admitted to lunatic asylum and
asylum and cannot support
themselves.--Laws 1911, Chap. 116, Sec. 9.)
No idiot who can be safely kept in county to which he belongs, shall
be received into lunatic asylum.—(Civil Statutes, 1897, Art. 119.)
Epileptic
State Epileptic Colony.
All persons afflicted with epilepsy who shall have been bona fide res-
idents of this state for one year shall be admitted into the Epileptic Col-
ony under the provisions of this act, with the following exceptions:
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1.
Idiots and imbeciles who are afflicted with epilepsy.
2. Those who are infirm and bedridden, or suffering from contagious
or infectious disease.
By the terms idiot and imbecile are meant children or persons who
by arrest of development before or soon after birth have but little or no
mind.
All epileptics, with the above exceptions, confined in the three insane
asylums when the Epileptic Colony is ready for occupancy shall at once
be transferred (and) any person hereafter admitted to any of the insane
asylums found to be an epileptic shall at once be transferred to the Epi-
leptic Colony. All patients so transferred shall be received into the
Epileptic Colony as of the class in which they were admitted into the in-
sane asylums.
Patients shall be of three classes, viz.. Indigent public patients; non-
indigent public patients; private patients. Indigent public patients are
those who possess no property of any kind, nor have any one legally
liable for their support and able to reimburse the State. This class shall
be supported entirely at the expense of the State. Non-indigent public
patients are those who possess some property out of which the State may
be reimbursed, or who have some one legally liable for their support and
able to reimburse the State. This class shall be kept and maintained at
the expense of the State in the first instance, but in such cases the State
shall have the right to be reimbursed and the claim of the State for such
support may be collected by suit or other proceedings. Private patients
may be admitted into said Colony upon application of parent, guardian or
friend under such regulations as the board of managers and superintendent
may prescribe not in conflict with the provisions of this act. Such patients
shall be kept and maintained at the colony at their own expense, or at the
expense of their guardian, relatives or friends.
The parent, guardian or friend of any epileptic, not seeking admis-
sion as a private patient, may make application in writing and under oath
to the county judge of the county wherein such epileptic resides, for the
admission of same into the Epileptic Colony, said application to be accom-
panied with a certificate of a reputable practising physician certified to
by the county judge, and it shall be the duty of the county judge to de-
termine upon careful examination whether such person shall be admitted
into the colony as an indigent public patient, or a non-indigent public
patient, and to forward application for admission to the superintendent
of the colony if it be made to appear to him that such epileptic is entitled
to admission.
When there is room in the colony, it shall be the duty of the super-
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intendent to receive such patient, and when application is made for more
patients than can be admitted, he shall give preference to indigent public
patients over non-indigent public patients, and shall at all times give pref-
erence to both of these classes mentioned over private patients.—(Gayle's
Compiled Statutes of Texas, Chap 2B, p. 61.)
The colony was established in 1899 as a branch lunatic asylum and is
operated under the same general provisions.
UTAH
Feebleminded and Epileptic-
State Mental Hospital. (Department for Feebleminded.)
All feeble-minded and non-insane epileptics capable of mental im-
provement, who are residents of the State, may be admitted to the State
Mental Hospital. Application is to be made to the superintendent of the
hospital who shall submit evidence and results of examination to the State
Board of Insanity, which has the power to admit or reject applicant. Ap-
plication shall be made by guardian, parent or friend or by chairman or
member of Board of County Commissioners.—(Session Laws of 1909, Sec.
2154.)
VERMONT
Feebleminded
The Vermont State School for Feebleminded Children.
Section 1. A state school which shall be called the Vermont State
School for Feebleminded Children is hereby created and established for
the care, training and education of idiotic and feebleminded children,
otherwise called mentally defective children, between five and twenty-one
years of age. All such children in the Vermont industrial school who, in
the judgment of the selectmen or the board of penal institutions, are cap-
able of being benefited by the instruction given in said school for feeble-
minded children, shall be committed thereto.
Sec. 11. Any indigent and needy children of this state, between five
and twenty-one years of age,who may be considered proper subjects within
the purview of this act and who have no parents, guardians or other per-
sons able to provide for and educate them, may be received into said
school as state charges; and all other such children whose parents, guar-
dians or kinsmen are bound by law to care for and educate them and are
able to pay, may be received into said school, upon payment of such sum
and upon such terms for their care, training, education and maintenance
as the trustees shall prescribe.
Sec. 12. The following order shall be observed in the admission of
children under the provisions of this act:
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First: Such children as are now supported entirely at the expense of
the public in the Vermont industrial school.
Second: Such children as are not so supported, but whose parents,
guardians or other persons having them in charge are not able, in the judg-
ment of said trustees, properly to care for, train, educate and maintain
them, and who are committed by a judge of probate in the manner
prescribed in the following section:
Third: Such children as are mentioned in the first class referred to
in section 11 of this act.
Fourth: Such children as are mentioned in the second class referred
to in section 11 of this act.
Sec. 13. Application in writing signed by the parent or guardian of
a child considered a proper subject to receive the benefits of this act, or
by the selectmen of the town, may be made to a judge of probate for the
district in which such child resides for an order of commitment to said
school, and thereupon such judge shall appoint a day for hearing. If such
application is made by the selectmen of a town, ten days' notice shall be
given the parent or guardian, or the person having such child in charge if
there be no parent or guardian living, or, if living, his residence or domi-
cile is unknown. At such hearing, the certificates of two physicians who are
graduates of a legally organized and approved medical school, and who
have had actual practice in medicine for five years in this state, stating
that such child is a suitable and proper subject for commitment to said
school, shall be filed with said judge. Said judge may hear any other
testimony he may deem proper to be submitted to him. If said judge,
after hearing, is of the opinion such child ought to be committed to said
school, he shall issue an order of commitment directed to said trustees and
attach to such order a certified copy, under his official seal, of said two cer-
tificates, and thereupon said trustees, if there be room in said school, shall
receive such child therein.
Sec. 14. Inmates of the Vermont industrial school who shall be ad-
judged by the board of penal institutions and said board of trustees acting
jointly, proper subjects to be committed to said school shall be therein
committed upon the certificate of said two boards in writing, accompanied
by the certificates of two physicians as provided in the preceding section,
and thereupon such charges shall be received into said school for the re-
mainder of the term of their commitment to said industrial school.
Section 15. An order of committal under this act shall be subject to
appeal in the same manner, by the same persons, and to the same extent
that decrees of the judge of probate appointing guardians over persons
alleged to be insane are subject to appeal, and no commitment under this
1
(71)
act shall bar habeas corpus proceedings, but the court upon habeas corpus
proceedings may confirm the order of commitment whenever justice re-
quires.
Sec. 16. An inmate of said school may be discharged therefrom by
the act of any three trustees in writing filed with their secretary, or by a
superior judge after proper hearing and upon an application in writing
of any person considered by said judge legally interested, whenever a fur-
ther detention in said school is, in their judgment, unnecessary.
But an
inmate so discharged, who was at the time of commitment to said school
under sentence to said industrial school, the period of whose sentence had
not then expired, shall be remanded to said industrial school and thereafter
be subject to the terms of said original sentence.
Sec. 17. A sum not exceeding twenty-five thousand dollars is hereby
appropriated to be used and expended for the purposes named in this act,
fifteen thousand dollars of which may be expended before January 1, 1914,
and the balance of said twenty-five thousand dollars before January 1,
1915.—(Laws of 1912, No. 81.)
Epileptic-
No institution.
The governor is commissioner for the idiotic, feebleminded, or epi-
leptic children of indigent parents and is to provide for them in such
institutions for the instruction of such children in Connecticut and Mas-
sachusetts, as he may select. All such children between the ages of 5
and 14 years are to be annually reported by the county clerk to the
governor.-(Public Statutes, Chap 60, as amended by No. 49 of the laws
of 1908.)
Section 1168 of the Public Statutes is hereby amended so as to read
as follows:
Sec. 1168. A sum not exceeding thirty thousand dollars is annually
appropriated for the benefit of the deaf, dumb, blind, idiotic, feeble-
minded and epileptic children of indigent parents, to be used agreeably to
the provisions of this chapter.
This act shall take effect from its passage.—(Laws of 1912, No. 82.)
VIRGINIA
Feebleminded
There shall be established the Virginia Colony for the Feebleminded
which shall be located on the farm of the Virginia epileptic colony.
The colony for the feebleminded shall be managed by the special
board of directors of the said epileptic colony under the direction and con-
trol of the general board of State hospitals.
(72)
When said colony shall be ready for the reception and care of
patients, the board of directors shall proceed to receive and care for feeble-
minded persons to the number of 50. Those indigent white persons who
would be of greatest service to the colony, who would, in the judgment of
the superintendent of the colony, be most likely to receive benefit from
colony care and training, and who are women of child-bearing age, from
12 to 45 years of age, shall, as far as practicable, be first received. Con-
genital idiots are not to be admitted.
Upon written complaint or information of any respectable citizen
that any person in his county or corporation is suspected of being feeble-
minded and in need of institutional care and custody, the said judge, or
justice, shall order such person to be brought before him and shall sum-
mon two licensed physicians neither of whom shall be in any way related
to such person or have an interest in his or her estate. The judge and
said physicians shall constitute commission to inquire whether such person
is suitable subject for such institution and if satisfied shall commit.
All provision relating to the admission of the insane to the hospitals
for the insane, not in conflict with this act, and all provisions in relation
to government and operation of the hospitals for the insane and duties of
commissioner and boards of directors of State hospitals, so far as prac-
ticable, shall apply to the colony hereby established. And all provisions
relative to examination, etc., and applicable to commitment of white per-
sons committed to hospitals for the insane in this state, shall, as far as
practicable, apply to the persons committed or to be examined for commit-
ment to the colony hereby established, except that no feebleminded person
shall be committed to any jail.
Epileptic-
Virginia State Epileptic Colony.
There shall be established the Virginia State Epileptic Colony, to be
managed by board of directors. When ready for reception and care of
patients, the white epileptic patients from the other hospitals for the white
insane, and such other white epileptics as may be committed according to
law, shall, under the direction of the said general board, be transferred
to and received as patients in said colony.
All the provisions of chapter 75 of the Code of Virginia and the acts
amendatory thereof and supplementary thereto in relation to admission of
patients to hospitals for the white insane of the State, including proceed-
ings to determine their insanity and all other subjects embraced therein,
not in conflict with the provisions of this act, and all provisions of said
Code and acts amendatory thereof, in relation to government and opera-
(73)
tion and powers and duties of officials and judges, etc. shall apply in so
far as practicable.—(Laws of 1910, Chap. 31.)
WASHINGTON
Feebleminded and Epileptic-
Institution for Feebleminded.
The State Institution shall be free to residents of the state under the
age of 21 years who are feebleminded, idiotic or epileptic, or who are
physically defective to such an extent as to prevent them from being edu-
cated in the common schools. Admission may be applied for as follows:
1st. By father or mother, if father and mother are living together.
2nd. If father and mother are not living together, then by one hav-
ing custody of child.
3rd. By guardian duly appointed.
4th. By superintendent or other officer having charge of any institu-
tion or asylum where children are cared for.
5th. By county superintendents of schools and boards of county
commissioners.
6th. By juvenile courts under an order of commitment.
Under items 3, 4, 5, and 6 consent of parents is not required.
Inmates arriving at the age of 21 years while in the institution, and
who, in the judgment of the superintendent, are unfit to be discharged,
shall be reported to the superior court of competent jurisdiction, which
court, after due examination, and finding the case a proper subject for
institutional care, may issue an order of commitment to said institution.
Adults under fifty years of age who may be determined to be feeble-
minded, and who are of such inoffensive habits as to make them proper
subjects for classification, education and discipline in an institution for
feebleminded, may be admitted free upon pursuing the same course of
legal commitment as governs admission to the hospitals for insane; but no
insane persons, or those who are proper subjects for county poor farms,
hospitals or asylums, or cases of senile dementia, shall be admitted to the
institution.
The superintendent of the institution shall detain inmates
admitted to the institution unil satisfied that they are in normal
condition and safe and competent to be at large, or that they can receive
proper care and education at the home of relatives, or in some other home
or institutions. In such cases, or for other good and sufficient reasons, he
may grant discharges; or in his discretion, permit inmates to visit their
(74)
homes for stated periods, upon request of parents or guardians approved
by the county superintendent of schools.
Any parent or guardian who may wish to enter a child in said institu-
tion and pay all expenses of care and maintenance, may do under
terms, rules and regulations prescribed by the board of control.-(Laws
of 1913, Chap. 173.)
SO
WEST VIRGINIA
Feebleminded and Epileptic
West Virginia Asylum.
The classes of persons who shall be admitted as patients in said
institution shall consist of epileptics, idiots and such other incurable
defectives and insane as the Board of Directors may deem eligible. Com-
mitment is to be made by the county court upon petition, and after hear-
ing and examination by physicians. Whenever any patient has recovered
or will not submit to the rules of the institution, it is the duty of the board
of directors to discharge.—(Code 1909, Sec. 2690-2700.)
Board of Control created to supersede the board of directors.-
(Laws 1909, Chapter 58.)
WISCONSIN
Feebleminded and Epileptic-
Wisconsin Home for the Feebleminded.
The object shall be to care for, have the custody and training of
the feebleminded, epileptic and idiotic residents of the state and of such
persons found therein whose residence cannot be ascertained. The gen-
eral supervision and government is vested in the state board of control.
All such persons may be admitted after such examination into their con-
dition as is required to be made to determine the condition of persons
sons alleged to be insane, and all the provisions of law relating to such
examination and commitment of such alleged insane persons shall apply,
so far as applicable, to persons seeking admission to the home for the
feebleminded.
All persons who are or shall be confined in any charitable, reform-
atory or penal institution in the state who shall, after examination by
the board of control, be found to be feebleminded, epileptic or idiotic,
may be transferred to said home in accordance with provisions of Sec.
561jj, Sec. 4944f, as amended by Ch. 28, Laws of 1899, and this
Section, to be kept there and dealt with as prescribed by law and the
rules and regulations relating to the temporary or final discharge of all
inmates. The superintendent of the home, with the approval of the board
of control, shall have power to discharge inmates, but no epileptic in-
(75)
mate shall at any time thereafter be sent or returned to any poor-house.
Whenever it shall appear that any feebleminded, epileptic or idiotic per-
son is dangerous to be at large because of his or her vicious and de-
moralizing acts or tendencies, or whenever it shall appear that any
feebleminded female of child bearing age is, by reason of her condition
a menace to society, it shall be the duty of any supervisor of the town,
city, village or ward in which such person may reside to take measure to
have such person brought before the county judge pursuant to law.-
(Revised Statutes, Sec. 573k, 5731, 573p, 573r, 573s) also (Revised
Statutes, Sec. 585, 585c, relating to insane.)
Any county which is lawfully charged with the expense, or any part
thereof, of maintaining an inmate in the Wisconsin home for feeble-
minded, shall have all remedies to collect such sums out of the estate
of such inmate, or from individuals, which are conferred by law for
the collection of charges for the maintenance of the insane.—(Laws of
1901, Chap 63.)
WYOMING
Feebleminded and Epileptic-
The object of said institution is to provide by all proper and feas-
ible means for the intellectual, moral and physical training of those un-
fortunates who were born, or by diseases become imbecile or feebleminded
or epileptic, and by a judicious and well adapted course of training, man-
agement and treatment to ameliorate their condition, and to develop as
much as possible their intellectual faculties and physical health and fit
them as far as possible for future usefulness in society.
All feebleminded and epileptic persons over the age of six years,
who are legal residents of the State of Wyoming, may be admitted to
said home without charge for tuition, boarding, lodging, washing, medi-
cine or medical attendance; Provided that in all cases where the party
committed, or those legally liable for his or her support, are financially
able to bear such expense, they shall in all cases do so, the rates therefor
to be prescribed by the State Board of Charities and Reform.
Conditions of admission and discharge to be fixed by the State Board
of Charities and Reform.—(Compiled Statutes 1910, Sec. 491-494.)
The Board of County Commissioners in each of the counties of the
state in which there are or shall be persons eligible to admission to the
said institution by the provisions of this chapter, who have no contagious
disease and who are, or shall become chargeable to said county, shall
cause all or any of such persons to be committed to said institution. In
case said persons are imbecile, feebleminded or epileptic they shall be
committed in the same manner and by the same procedure that is re-
(76)
quired by statute for the commitment of insane and incompetent persons
to the Wyoming State Hospital for the Insane, and all district courts
and judges thereof shall by a proper order, entered of record, commit
to said institution all such imbecile, feebleminded or epileptic persons
coming under the control and jurisdiction of said court and judge, when-
ever they shall have been declared to be proper persons for such com-
mitment under procedure prescribed by law. In all cases hereafter when
persons are tried for insanity under the laws providing for such trial,
as well as in cases coming under the provisions of this chapter, the juries
sitting in such cases shall be authorized to report to the court its find-
ings of the mental condition of the patients and make recommendations
as to whether the person shall be committed to the Hospital for the
Insane or to the Wyoming School for Defectives, whereupon the court
shall determine the place of commitment in such cases.- -(Session Laws,
1911, Chap. 103, Sec. 2.)
The following Sections of the Wyoming Compiled Statutes, 1910,
relate to the manner and procedure for the commitment of insane and
incompetent persons to the Wyoming State Hospital for the Insane:
Sec. 451-463.
ALASKA
Feebleminded-
No institution.
Epileptic-
No institution.
DISTRICT OF COLUMBIA
Feebleminded-
No institution.
When any indigent applicant for admission to the Columbia Insti-
tution for the Deaf and Dumb, belonging to the District of Columbia and
being of teachable age, is found on examination by the president to be
of feeble mind, and hence incapable of receiving instruction among chil-
dren of sound mind, the secretary of the interior may cause such person
to be instructed in some institution for the education of feeble minded
children in Pennsylvania or some other state at a cost not greater for
each pupil than is or may be for the time being paid by such state for
similar instruction, and the sum necessary therefor is appropriated out of
the sum above provided for current expenses of the institution.--(Sundry
Civil Bill, Approved June 16, 1880.)
“To enable the secretary of the interior to provide for the education
of feeble minded children belonging to the District of Columbia as pro-
(77)
vided for in the act approved June 16, 1880, $3,400, one-half of this sum
to be paid out of the revenue of the District of Columbia and one-half
out of the Treasury of the United States, and hereafter the estimates for
this expense shall each year be submitted in the annual estimates of the
expenses of the government of the District of Columbia.”---(Sundry Civil
Bill, Approved August 30, 1890.)
The authority for placing feeble minded children of the District of
Columbia, heretofore given to the secretary of the interior, is hereby
transferred to the Board of Children's guardians.—(Appropriation Bill,
Approved March 3, 1893.)
Epileptic-
No institution.
(78)
TABLE II.
INSTITUTIONAL
COMMITMENT AND
DISCHARGE
State
Admission
Age Limits
Tuition
Power
to Detain
vested
In
Cal.
When able
None.
Col.
F. M.
and Ep.
F. M.
and Ep.
F. M.
When able
None.
Conn.
When able
None.
Ep.
When able
Superintendent.
Ida.
When able
F. M.
and Ep.
F. M.
Ill.
Nono
None. Discharge required on
recovery.
Board of Control in case of
state patients.
Board of Administration.
Ep.
With or without court order but only with None
consent of P. or G.
With or without court order but only with 5-20
consent of P. or G.
B. of C. Rule
With or without court order and
and with or None
without consent of P. or G.
With or without court order and with
and with or None
without consent of P. or G.
With or without court order and with or None
without consent of P. or G.
Without court order and only with consent None
of P. or G.
With or without court order but only with None
consent of P. or G.
With or without court order and
and with or Females 6-45
without consent of P. or G.
Males 6-16
Only with court order and with or without None
consent of P. or G.
With or without court order and
and with or 5-46
without consent of P. or G.
Without court order and only with consent None
of P. or G.
With or without court order and with
and with or None
without consent of P. or G.
Only with court order and with or without 6-18
consent of P. or G.
None
Ind.
F. M.
Adults when able None.
Ep.
None
Superintendent.
Iowa
F. M.
None
None except in Juvenile Court
cases.
Superintendent and Court.
Kans.
F. M.
When able
Ep.
When able
Insane by Superintendent.
ку. .
F. M.
When able
None. Discharge required
when patient is able to pro-
vide for himself or whose fur-
ther education is impossible.
Court in cases committed.
Maine
F. M.
When able
With or without court order and with
and with or Over 6
without consent of P. or G.
Without Court order and only with consent None
of P. or G.
Md.
F. M.
When able
on
Adults may be detained
certificate of judge that such
disposition would be benefi-
cial.
Probate court. in cases com-
mitted.
Trustees in cases committed.
Mass.
.
F. M.
When able
With or without court order and with or None
without consent of P. or G.
With or without court order and with or Over 10
without consent of P. or G.
Ep.
When able
TABLE II.-Continued
INSTITUTIONAL COMMITMENT AND DISCHARGE
State
Admission
Age Limits
Tuition
Power to Detain Vested In
Mich.
When able
Minn.
When able
F. M.
and Ep.
F. M.
and Ep.
F. M.
and Ep.
F. M.
Superintendent.
Court in Juvenile
Cases.
None.
Court
Mo.
When able
Mont.
None
None.
Neb.
F. M.
None
None.
Only with court order and with or without Over 6
consent of P. or G.
With or
or without court order
order and with or None
without consent of P. or G.
Only with court order and only
only with con- 6-45
sent of P. or G.
Without court order and only with consent 6-21
of P. or G.
Without court order and only with consent |Over 5
of P. or G.
With or
or without court order
order and with or Males 3-21
without consent of P. or G.
Females over
Without court order and with or without None
consent of P. or G.
With or without court order and with or Over 5
without consent of P. or G.
With or without court order
order and with or Syracuse 7-14
without consent of P. or G.
None elsewhere
N. H.
F. M.
When able
3
When able
Board of Trustees for females
over 21 years.
Superintendent.
N. J.
F. M.
Ep.
When able
N. Y.
F. M.
When able
Board of Managers in
in cases
committed.
Board of Managers
of Managers and Su-
preme Court except at Syra-
cuse.
Board of Managers
of Managers and Su-
preme Court.
Justice of Supreme Court.
When able
When able
Except committed Superintendent.
cases
When able
Ohio Board of Administration
in Juvenile Court cases.
Board of Trustees.
None
None
5
Board of Managers in case of
adult females.
None.
When able
When able
Court in cases committed.
Ep.
N. C.
F. M.
N. D.
F. M.
Ohio
F. M.
Ep.
Wtih or without court order
order and with or None
without consent of P. or G.
With or without court order
order and with or Over 3
without consent of P. or G.
Without court order and with or without None
consent of P. or G.
With or without court order
order and with or None
without consent of P. or G.
With or without court order and with or None
without consent of P. or G.
With or without court order
order and with or Males 5-16
without consent of P. Or G.
Females over
Without court order and only
order and only with consent None
of P. or G.
With or without court order
order and with or None
without consent of P. or G.
With or without court order but only with None
consent of P. or G.
Okla.
F. M.
and Ep.
F. M.
and Ep.
F. M.
Ore.
Pa.
Ep.
When able
Court in cases committed.
Power to Detain Vested In
State Board of Education and
District Court Committing.
Superintendent in cases com-
mitted to his custody by
court.
Court in cases committed for
legal offense.
None.
or
TABLE II.-Continued
INSTITUTIONAL COMMITMENT AND DISCHARGE
State
Admission
Age Limits
Tuition
R. I.
F. M.
or None
When able
S. D.
With or without court order and with
without consent of P. or G.
With or without court order and with
without consent of P. or G.
or None
F. M.
and Ep.
None
Texas
Ep.
When able
Utah
When able
F. M.
and Ep.
F. M.
Vt.
When able
Judge of Superior Court
any 3 trustees.
Court.
Va.
With or without court order and with or None
without consent of P. or G.
Without court order and only with consent None
of P. or G.
With or without court order and with
or 5-21
without consent of P. or G.
Only with court order and with or without 12-45 females
consent of P. or G.
Only with court order and with or without None
consent of P. or G.
With or without court order and
order and with or None
without consent of P. or G.
Only with court order and with or without None
consent of P. or G.
F. M.
None
Ep.
None
Court.
Wash.
None
Superintendent.
F. M
and Ep.
F. M.
and Ep.
W. Va.
None
None, Any patient who re-
covers or who will not submit
to rules of institution must be
discharged.
Court in cases committed.
Wis.
None
F. M.
and Ep.
F. M.
and Ep.
With or without court order and with or None
without consent of P. or G.
Only with court order and only with consent Over 6
of P. or G.
Wyo.
When able
None.
Discussion
A wide range of purpose is shown in the minds of the legislators who
voted for the foregoing laws. This is to some extent due to the different
times at which the various laws were passed, there being today a fairly
complete agreement as to our duty toward society in the treatment of the
mentally defective. An occasional judge may still perform the marriage
ceremony for a feebleminded girl in order to legitimatize her child, and a
few states still refuse to break up by annulment of marriage a home
which is producing defective children, but for the most part, the public
is educated to the evil of the present situation. There are a few points,
however, about which there is much disagreement, and the reasons for this
are plain.
A half century ago educators still hoped by intensive education so
to improve the mental condition of the feebleminded as to make advisable
their leaving the institution and assuming some, at least, of the duties
of normal people. If this policy of the educators were to benefit society,
it must have presupposed that acquired traits are, in the full meaning
of the term, inherited. And this no one at that time doubted.
Today we know that nearly all forms of mental deficiency are incura-
ble, and most biologists believe that, in the full meaning of the term,
acquired characters are not inherited. Legislatures, however, have other
tasks than the study of modern biological theory, so that we see the
opinions of Lamarck and of Seguin almost unchanged in many of the
state laws.
{ H
1
For instance, a number of institutions for the feebleminded are in-
tended only for those "who may be benefited by the instruction.” The Il-
linois application blank indicates this. The governor of New Jersey is
empowered to remove any child who is not being benefited by the instruc-
tion given. Delaware, which sends its feebleminded to the institutions
of other states, orders its patients discharged when they may no longer
receive benefit from training. In Kentucky the superintendent of the insti-
tution is supposed to return to the counties all patients, further attempts
to educate whom will not prove beneficial to the state. Also, no child
may be kept in the institution after arriving at such age and mental con-
dition that he will be able to provide for himself.
Regulations such as these are not often put to any greater use than
necessary, but they still reflect the opinion of a few decades ago, that the
(82)
superficially educated defective makes better material for parenthood than
the uneducated defective. To discharge, unsterilized, the defective child,
after having taught him habits of neatness and a few tricks that make
his mental deficiency less noticeable, is worse than never to have put
him in an institution. The same criticism applies, of course, to the special
classes in the public schools.
Among the marriage and divorce laws there is more Lamarckian bi-
ology. · Kansas forbids the marriage (unless the wife is over forty-five
years of age) of children born after a parent was insane. Michigan and
New Jersey demand the "cure" of defectives before marriage. Divorce is
granted in Utah on the ground of insanity only when the condition is in-
curable.
The Michigan asexualization law provides for sterilization when
"there is no probability that the condition of such person so examined
will improve to such an extent as to render procreation by such person
advisable." A similar provision is found in the North Dakota law.
To sterilize a moral pervert by no means makes him less dangerous,
except biologically. His very immunity from the ordinary consequences of
his irregular sex life may serve to make him much more dangerous than
before, as one of the facts that determine virtue is removed. The vasecto-
mized criminal would likely find seduction made easier for him, and the
asexualized prostitute would be professionally benefited by the operation.
The effect of such increased liberty upon the spread of venereal disease
is evident. For these reasons we must look to the biological result for a
defence of sterilization laws.
If a criminal or any other person is deprived of his capacity for pro-
creation, the motive of society which takes this action must be either to
punish for crime or to prevent the birth of children with criminal tenden-
cies or to prevent the birth of children among bad social conditions. Cer-
tainly punishment is not the end sought. It is also certain that the justi-
fication for asexualization is, in the opinion of most people, the prevention
of the inheritance of criminal traits in the offspring. This, of course, by
preventing the offspring. Unless, then, our plan is to diminish the number
of children in those homes where the moral atmosphere is bad, the impli-
cation is that the individual operated on is selected because his undesirable
trait is inheritable. Many, if not most, moral perverts are, however, made
and not born. Even if we think that except in a neuropathic constitution
sex perversion will not develop, it is almost certain that the sex perversion
is but the form taken by the psychosis due to chance training, and that it
will not be transmitted per se to the next generation.
For this reason,
and on a purely biological basis, asexualization laws which apply only to
(83)
those convicted of sex crimes are manifestly faulty. Indeed, if it were
not for the fact that in prisons and reformatories we are able to locate
so many of the high grade feebleminded, the sterilization of criminals
would be of secondary importance to the sterilization of those in institutions
for the mentally defective. But as it is not from the so-called custodial
class of the feebleminded that the next generation of mental defectives is
derived, but rather from the high grade morons or those capable of self
support, there has been some hope that sterilization might serve Eugenics
in a field where the institution fails. And this is the practical task of
the constructive biologist—to determine what use of sterilization will most
rapidly decrease the undesirable stock.
A frequent charge made against Eugenic legislation is that it is un-
wise, that it is conceived in the isolation of the schools and will never bear
the test of common use. Our attention is called to the many Utopias
which have come to pass only in the minds of philosophers, and to the
failure of most “ideal” communities due to their disregard of common-sense
premises.
Another objection to such laws is raised by the “all for love and the
world well losť school. In their opinion, even granted that by the exercise
of the police power it were possible to realize this academic dream, the
Eugenic State must necessarily be a cold blooded breeding station where
romance is the price paid for a better race.
Then there are theological objections. These apply especially to
asexualization. It is the opinion of some people that although to operate
on a man for his own good is justifiable, to operate on him for the good
of society is to tamper with the plans of Providence. One also hears
it said by people who are not avowedly actuated by theological consid-
erations that such operations are “unnatural.”
Lastly, the position is taken that Eugenic laws are impracticable, that
society will not tolerate them. To be sure, society has tolerated sex ta-
boos and legal penalties much more onerous, but long standing has made
them seem "natural.”
The objections, then, to the legislative attempt to apply the known
facts of biology to the betterment of human stock are (1) that the laws
themselves would not accomplish what their authors predict, or (2) that
the cost of reform is too great, or (3) that the laws are impious, or (4)
that society is incorrigible and the laws cannot be enforced. In addition
to these, Mr. G. B. Shaw has said that we do not know what type of
human being we wish to develop, but as the opinion of society has in the
past been a great factor in determining the survival of individuals, this
(84)
objection holds only within certain limits. We are rather confident that
there are certain characteristics we might wisely eliminate.
To take issue with these antagonistic criticisms of Eugenic legislation
is hardly the purpose of this publication, though a few of the more
obvious rejoinders may be noted. The inheritance under certain conditions
of mental deficiency is undisputed. Also the fact that mental defectives
are undesirable seems evident. With such a backing for the project, the
further social control of the defective deserves being tried out. Ultimately
every social measure must survive or be eliminated according to the results
of its practical application. To call legislation experimental is to praise it.
If less legislation were regarded as final and more were measured by its
results, we might have a better working code.
The second objection is due to ignorance of the history of sex taboo.
When it is realized that the present limitation of our individual liberty
in the matter of marriage is tacitly accepted by nearly everyone, and
that certainly in the past much of this limitation was ridiculous, the ob-
jection to further limitation of a desirable sort falls to the ground, espe-
cially as in the change many of the present useless taboos will be eliminated.
The taboo against incest, that of the Jews against all exogamy and our own
against mating with certain alien races are not irksome to the average man.
They rather add to the romance of marriage. An aristocratic pride of race
is not antagonistic to a man's choice of a mate, but rather determines it
and adds ultimately to his satisfaction. Certainly marriages are happiest
when a wise taboo is respected.
It seems hardly necessary to meet the theological objections to pro-
gressive legislation along biological lines, as some theologians are among
the ablest supporters of Eugenic laws, and those who are not would not
agree with the premises of Eugenics. A bishop, recently addressing a
university audience, condemned the Eugenic movement, saying that the se-
lection of the more fit only limited the field of religion, as it is the unfor-
tunate who need religion most. Fortunately this is not a prevalent view
in any church.
In supposing that Eugenic laws cannot be enforced, critics
doubtless have in mind what they regard as analogous cases of laws which
were enacted and became dead letters because the public did not feel their
importance. Anti-tipping laws are examples of this, and the public cer-
tainly must demand such a law in advance of its enactment if it is not to
die on their hands. Much Eugenic legislation is, however, not prohibitory
in character, but is permissive of certain powers on the part of the courts
or of commissions appointed for a definite purpose. It is this sort of
legislation that must necessarily work best, as it is not subject to violation
(85)
and will continue to be used as long as even a few people are intelligently
interested in it.
Whatever may be said against such laws as are presented in this
pamphlet, and they are rightly subject to much criticism, it is evident that
something must be done to diminish the number of mental defectives in our
population. War among primitive people, poverty, disease, and capital
punishment did a fairly thorough if not a very beautiful piece of work
before we began to civilize them away. Some substitute has to be found
for natural selection. Procreation of the undesirable must be prevented by
means which are least cruel and least wasteful. These laws already in
force in the several states indicate the growth of this opinion.
(86)
BIBLIOGRAPHY
THE GEOGRAPHY OF MARRIAGE.
STATE LAWS REGULATING MARRIAGE OF THE UNFIT.
By W. L. Snyder, 1889.
(From the Annual Re-
port of the National League for the Protection of the Family.—Rev.
Samuel M. Dyke, Sec.) The Training School, February, 1912, Vine-
land, N. J.
PROBLEMS IN EUGENICS. Papers communicated to the First International
Eugenics Congress held at The University of London, July, 1912. The
Eugenics Education Society, 6 York Buildings, Adelphi, W. C. 1912.
PROCEEDINGS OF THE FOURTH ANNUAL MEETING OF THE AMERICAN INSTITUTE
OF CRIMINAL LAW AND CRIMINOLOGY. Madison, Wis. 1912.
A COLLECTION OF STATE STATUTES RELATING TO INSANITY IN CRIMINAL CASES.
Bulletin No. XIII American Institute of Criminal Law and Criminol-
ogy. Madison, Wis. June, 1913.
SUMMARIES OF LAWS RELATING TO THE COMMITMENT AND CARE OF THE INSANE
IN THE UNITED STATES. The National Committee for Mental Hygiene.
50 Union Square, New York City. 1913.
STATE LAWS LIMITING MARRIAGE SELECTION EXAMINED IN THE LIGHT OF EU-
GENICS. By Charles B. Davenport. Bulletin No. 9, Eugenics Record
Office, Cold Spring Harbor, L. I. June, 1913.
(87)
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