M. Boies defines a criminal as one in whom two successive punishments, according to law, have failed to prevent a third offence.
If such a criminal is a woman, she should be offered the alternative of surgical sterility or incarceration during the child bearing period of her life; if a man, his wife should be offered this remedy against the procreation of criminals in exchange for her husband, on the expiry of his sentence, or the protection of divorce.
No woman in the child-bearing period of life should be released from an Asylum, until this operation has been performed. If a man is committed, his wife should have the option of divorce or be sterilized before his release.
A central Board should issue marriage certificates, after consideration of confidential medical reports upon the health, physical condition, and family history of the parties to a proposed marriage contract.
Medical officers should be appointed in the various centres of population by the central Board, and fees on reports should be paid after the manner of Life Insurance fees.
In fact the Life Insurance system would serve as a good model, for the establishment of a system of marriage control, and if questions involving a more detailed family history were added to a typical Life Insurance report form, it could hardly be improved upon, for the purpose of marriage health reports.
If upon consideration of the medical report of the contracting parties, in accordance with the law upon the subject, a certificate of marriage were refused, a certificate of sterilization by tubo-ligature, forwarded to the Board by a Surgeon, should entitle to the marriage certificate.
No law should attempt to step in between two lovers, who have become attached to each other by the bonds of a strong affection, lest a greater evil befall both themselves and society.
A marriage certificate of health should state the complete family history as well as the physical condition of the parties to a proposed marriage, and such certificates should be issued only by the Central Board of Experts, who would receive the medical reports of its own medical officers.
When the principle of artificial sterilization is accepted by the State, the organization necessary to ensure that only the fit shall procreate, will only be a matter of arrangement by experts.
One danger looms ahead however if the operative means of producing artificial sterility are popularised.
Every surgeon of experience knows how readily large numbers of married women encourage surgical treatment for ovarian and even uterine complaints, if they become aware that such treatment is followed by sterility. It is not at all an uncommon thing for women in all ranks of life, to encourage, and even seek removal of the ovaries in order to escape an increase in the family.
They become acquainted with persons who have submitted to this operation for ovarian disease, and noting nothing but improvement in their health, attended by sterility, their intense anxiety to enjoy immunity from child-bearing makes them eager to submit to operation.