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I acknowledge receipt of your letter of August 30th in the words following:
"I am enclosing sterilization form signed by Drs. Angell and Ellis of
Brookfield covering operation made by said doctors on one Everett
Cummings of Brookfield.
You will note the word 'feebleminded' has been written in place of
words 'is abnormal or rather sub‐normal'. This correction was made
when this document was returned to Dr. Ellis asking that he make out
proper form for sterilization to comply with law, which forms we
attached. He returned this same document with the word 'feeble‐minded' written in. No comment was made as to why the forms
furnished by the State was not made out as requested.
Do you consider this form, signed by Drs. Angell and Ellis a
sufficient form to comply with sterilization law? I hesitate to accept
same until you have seen it and compared same with sterilization
form attached."
The affidavit enclosed is in my opinion defective in that it does not comply with the provisions of Section 5439 of the Public Laws, which requires among other things that two physicians and surgeons legally qualified to practice in this State, upon examining a person resident of this State, must decide that the person examined is an idiot, imbecile, feeble‐minded or insane person likely to procreate idiots, imbeciles, feeble‐minded or insane persons if not sexually sterilized. The enclosed certificate does not contain this statement.
The certificate is also defective inasmuch as it does not set forth that the signers are physicians and surgeons legally qualified to practice in the State. The certificate must be signed by practitioners who are both physicians and surgeons legally qualified to practice in this State. You should require the physicians and surgeons who make the certificate to use the form furnished by the State. I am returning herewith certificate enclosed with your letter.