Clayton v. Defectives (In re Clayton), 27562.

Citation234 N.W. 630,120 Neb. 680
Decision Date11 February 1931
Docket NumberNo. 27562.,27562.
PartiesIN RE CLAYTON. CLAYTON v. BOARD OF EXAMINERS OF DEFECTIVES.
CourtNebraska Supreme Court

120 Neb. 680
234 N.W. 630

IN RE CLAYTON.
CLAYTON
v.
BOARD OF EXAMINERS OF DEFECTIVES.

No. 27562.

Supreme Court of Nebraska.

Feb. 11, 1931.


[234 N.W. 630]


Syllabus by the Court.

The provisions of chapter 163, Laws 1929, relating to the sterilization of a feeble-minded person as a condition prerequisite to his parole from a state institution, constitute a valid legislative enactment.



Syllabus by the Court.

The sterilization of feeble-minded persons, within the meaning of chapter 163, Laws 1929, may be accomplished by the operation of vasectomy in the case of a male person.

[234 N.W. 631]



Syllabus by the Court.

It is the duty of the examining board to diligently inquire into and to carefully review the status of each case of proposed sterilization to determine whether such individual shall be sterilized as a condition prerequisite to his release from a state institution for the feeble-minded.



Syllabus by the Court.

It is within the police power of the state, and is not in derogation of the rights of any person, under the Fourteenth Amendment of the federal Constitution, to enact a law providing for the sterilization of feeble-minded persons as a condition prerequisite to their release from a state institution.



Additional Syllabus by Editorial Staff.

Statute for sterilization of feeble-minded persons as prerequisite to parole from state institution held valid as against claim subject-matter was not clearly expressed in title (Laws 1929, c. 163).


Appeal from District Court, Gage County; Messmore, Judge.

Proceeding by Frank Clayton to review an order of the Board of Examiners of Defectives directing that petitioner be sterilized. From a judgment of the district court affirming said order, petitioner appeals.

Affirmed.

McKillip & Barth, of Seward, for appellant.

C. A. Sorensen, Atty. Gen., and Homer L. Kyle, Asst. Atty. Gen., for appellee.


Heard before GOSS, C. J., and ROSE, DEAN, GOOD, EBERLY, DAY, and PAINE, JJ.

DEAN, J.

Frank Clayton, an incompetent, is about 22 years of age, and since November 16, 1920, he has been an inmate of the Nebraska institution for the feeble-minded at Beatrice. This proceeding has been prosecuted in his behalf from a judgment of the district court for Gage county, wherein an order of the board of examiners of defectives was affirmed, directing that Clayton be sterilized, pursuant to the provisions of chapter 163, Laws 1929, now 83--1501 to 83--1510, Comp. St. 1929, as a condition prerequisite to his parol from the above-named institution. Section...

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