Smith v. Bd. of Examiners of Feeble-Minded
Citation | 85 N.J.L. 46,88 A. 963 |
Parties | SMITH v. BOARD OF EXAMINERS OF FEEBLE-MINDED. |
Decision Date | 18 November 1913 |
Court | United States State Supreme Court (New Jersey) |
(Syllabus by the Court.)
Certiorari to Court of Common Pleas, Somerset County.
The Board of Examiners of Feeble-Minded ordered that an effective operation for the prevention of procreation be performed upon Alice Smith, and she brings certiorari. Order set aside.
The order brought up by this writ of certiorari is as follows:
The pertinent parts of the statute under which this order was made are as follows:
Argued June term, 1913, before GARRISON, TRENCHARD, and MINTURN, JJ.
Azariah M. Beekman, of Somerville, for prosecutrix.
Nelson B. Gaskill, Asst. Atty. Gen. (Elmore T. Elver, of Madison, Wis., on the brief), for defendant.
GARRISON, J. (after stating the facts as above). The question propounded is whether or not the statute under which the order now before us was made is a valid exercise of the police power. The statute, it will be observed, applies also to criminals, in which aspect it does not now concern us, since the prosecutrix is an epileptic, an unfortunate person, but not a criminal.
The order is made by the Board of Examiners provided by the act of April 21, 1911 (P. L. p. 353). Briefly stated, the order, after reciting that Alice Smith is an epileptic inmate of a state charitable institution, that procreation by her is inadvisable, and that there is no probability that her condition will improve to such an extent as to render procreation by her advisable, orders that the operation of salpingectomy be performed upon the said Alice Smith.
Salpingectomy is the incision or excision of the Fallopian tube, i. e., either cutting it off or cutting it out. The Fallopian tube is an essential part of the female reproductive system, and consists of a narrow conduit, some four inches in length, that extends on each side of a woman's body from the base of the womb to the ovary upon that side. These three organs—i. e., the ovary, the Fallopian tube, and the uterus—are all concerned in normal childbearing, the relation between them being that the unfecundated ovum which is periodically produced in the ovary passes down through the Fallopian tube into the body of the uterus, where, if fecundation by the male seed takes place, or has taken place, the embryo is formed and developed into the fetus or unborn child.
The statute is broad enough to authorize an operation for the removal of any one of these three organs essential to...
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