The act has many
objectionable features, one of the most striking of which is the
inclusion of syphilitics under the head of persons whom it is proposed
to sterilize. As syphilis is a curable disease, there is scarcely more
reason for sterilizing those afflicted with it than there is for
sterilizing persons with measles. It is true that the sterilization of a
large number of syphilitics might have a eugenic effect, if the cured
syphilitics had a permanently impaired germ-plasm--a proposition which
is very doubtful. But the framers of the law apparently were not
influenced by that aspect of the case, and in any event such a method of
procedure is too round-about to be commendable. Criminals as such, and
syphilitics, should certainly be removed from the workings of this law,
and dealt with in some other way. However, no operations are reported as
having been performed under the act.
New Jersey's law, which has never been operative, represents a much more
advanced statute; it applies to inmates of state reformatories,
charitable and penal institutions (rapists and confirmed criminals) and
provides for a board of expert examiners, as well as for legal
procedure.
New York's law, applying to inmates of state hospitals for the insane,
state prisons, reformatories and charitable institutions, is also fairly
well drawn, providing for a board of examiners, and surrounding the
operation with legal safeguards.
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