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[31] Census Reports, 1880. Report on Defective, Dependent and Delinquent Cla.s.ses of the Population of the United States, 1888, p. 402ff.; Census Reports, 1890. Report on Insane, Feeble-minded, Deaf and Dumb and Blind, 1895, pp. 108ff., 648; Special Reports, 1906, p. 122.

[32] _Ibid._

[33] Probably with the "fevers" the proportion would be larger.

[34] Less than 0.7 per cent.

[35] Probably included with certain of the suppurative diseases.

[36] Not a large number of schools, it is greatly to be regretted, give, regularly and over an extended period of time, such information in statistical form and upon the same basis from year to year.

[37] Total attendance.

[38] These tables are based upon statistics given in the reports of the schools, and given in _Annals_, vi., 1854, p. 237; xv., 1870, p. 113; xvii., 1872, p. 167.

[39] One case reported.

[40] Letters of inquiry as to whether or not "total" deafness appeared to be decreasing were sent by the writer to the professors of diseases of the ear of the medical schools of Johns Hopkins University, University of Pennsylvania, Columbia University, Cornell University, Harvard University, University of Chicago, Northwestern University, University of Michigan, and the Jefferson Medical College of Philadelphia. The opinion of four of these is that such deafness is clearly decreasing; of three that little or no decrease is apparent; while by two no opinion can be vouched yet. The greatest encouragement is found in respect to treatment for middle ear affections and infections from fevers. By Dr. S. MacCuen Smith, of the Jefferson Medical College, it is believed that there is a decrease, "largely due to the fact that not only the general medical profession, but the public at large, are recognizing the importance of having the minor aural lesions promptly and properly cared for. This being the case, it is no longer possible for children in the public schools to continue their studies when suffering from diseased tonsils and enlarged adenoid vegetations. From this cause alone, many cases of impairment of hearing which usually occur later in life will be prevented in the future". By Dr. E. A. Crockett, of Harvard University, it is believed that, although there is a larger amount of deafness from measles, there is less, not only from scarlet fever, but also from chronic suppurations, from adenoid and throat troubles in general, and even from meningitis, owing to the use of serums. Regarding his own observations, within a period of twenty-five years "the number of extremely deaf persons and deaf-mutes has very materially diminished".

[41] Hereditary deafness is sometimes of a kind that manifests itself some years after birth, often with certain relatives similarly affected.

This is especially true of catarrhal and middle ear affections, though their results may more often be partial rather than total deafness.

[42] In a part of such deafness, and also in a portion of that occurring shortly after birth, the cause is said to be syphilis. See Proceedings of International Otological Congress, ix., 1913, p. 49; _Volta Review_, xiv., 1912, p. 348; xv., 1913, p. 209.

[43] Special Reports, pp. 125, 236. There were 3,341 who failed to answer, and if all had made reply, our percentage would probably be higher yet.

[44] P. 108.

[45] In the Louisiana School 10 per cent of the pupils are said to have parents who were blood relatives; in the Illinois, 5 per cent; and in the Kansas, from 5 to 5.5 per cent. Report of Louisiana School, 1906, p.

17. See also Transactions of American Medical a.s.sociation, xi., 1858, pp. 321-425; Proceedings of Conference of Princ.i.p.als, iii., 1876, p.

204; _Annals_, xxii., 1877, p. 242.

[46] On this subject, see Francis Galton. "Natural Inheritance", 1889, p. 132ff. See also G. B. L. Arner, "Consanguineous Marriages", 1908, p.

65ff.; C. B. Davenport, "Heredity in Relation to Eugenics", 1911, p.

124ff.

[47] Special Reports, pp. 128, 235, and _pa.s.sim_.

[48] These proportions are further indicated in the succeeding section.

[49] Special Reports, p. 135ff.

[50] Report, 1908, p. 31.

[51] Out of 107 children born to former pupils of the Minnesota School up to 1892, 2, or 1.9 per cent, were deaf. Report, 1892, p. 39. Out of 811 children born to former pupils of the American School up to 1891, 105, or 12.9 per cent, were deaf. Report, 1891, p. 20.

[52] The study had been originally planned by Dr. F. H. Wines for the _International Record of Charities and Corrections_. See issue for October, 1888. The work was published by the Volta Bureau. For a discussion of the results, see _a.s.sociation Review_, ii., 1900, p. 178; Publications of American Statistical a.s.sociation, vi., 1899, p. 353; _Biometrika_ (London), iv., 1904-5, p. 465. See also charts in current numbers of _Volta Review_.

[53] From the total number of marriages, 974 were deducted, being cases concerning the offspring of which no information could be obtained, and also 434 cases where there were no offspring.

[54] From p. 134. It has also been computed by Dr. Fay from his data that of 5,455 married deaf persons, 300, or 5.5 per cent, have deaf offspring. _Annals_, lii., 1907, p. 253.

[55] The proportions for the general population are hardly over 0.3 per cent and 0.05 per cent respectively.

[56] The proportion of the married deaf who are married to deaf partners is found by Dr. Fay to be 72.5 per cent, and of those married to hearing partners, 20 per cent, there being no information for the remaining 7.5 per cent. The census returns, however, give the respective proportions as 51.3 per cent and 48.7 per cent.

[57] See Proceedings of National Conference of Charities and Corrections, 1879, p. 214; A. G. Bell, "The Formation of a Deaf Variety of the Human Race", Memoirs, 1883, ii., part 4, p. 177; Proceedings of Conference of Princ.i.p.als, i., 1868, p. 91; v., 1884, p. 205; A. G. Bell, "Marriage, an Address to the Deaf", 1898; Evidence before the Royal Commission on the Deaf, etc., 1892, ii., pp. 74-129; _Annals_, xxix., 1884, pp. 32, 72; x.x.x., 1885, p. 155; x.x.xiii., 1888, pp. 37, 206; _Popular Science Monthly_, xvii., 1885, p. 15; _Science_, Aug., 1890, to March, 1891 (xvi., xvii.); _Arena_, xii., 1895, p. 130; _a.s.sociation Review_, x., 1908, p. 166; _Volta Review_, xiv., 1912, p. 184; Proceedings of Reunion of Alumni of Wisconsin School for the Deaf, vi., 1891, p. 46; National a.s.sociation of the Deaf, iv., 1893, p. 112; ix., 1910, p. 69; Report of Board of Charities of New York, 1911, i., p. 150.

[58] No statutory action seems ever to have been taken in the matter. In Connecticut, however, in 1895 when a law (Laws, ch. 325) was enacted forbidding the marriage of the feeble-minded and epileptic, a provision respecting the congenitally deaf and blind came near being included.

_Annals_, xl., 1895, p. 310.

[59] Census Reports, 1880. Report on Defective, Dependent and Delinquent Cla.s.ses of the Population of the United States, 1888, p. 402ff.; Census Reports, 1890. Report on Insane, Feeble-minded, Deaf and Dumb and Blind, 1895, pp. 108ff., 684; Special Reports, 1906, p. 122. The ages of the deaf were reported less fully in 1880 than in 1890, and less fully in 1890 than in 1900; and if we take the numbers of those whose ages were reported in these three censuses, we have the following table, showing the proportion of the congenitally deaf.

THE CONGENITALLY DEAF ACCORDING TO NUMBERS IN WHICH AGE WAS REPORTED

NUMBER WHOSE AGE CONGENITALLY PER WAS REPORTED DEAF CENT

1880 22,473 12,155 54.7 1890 37,204 16,866 45.8 1900 35,479 12,609 35.3

If we a.s.sume that the proportion of the congenitally deaf to all the deaf in each census was the same that it was among the cases in which the age of the occurrence of deafness was reported, we have this table to show the number of the congenitally deaf and the ratio of the deaf among the population.

THE CONGENITALLY DEAF ACCORDING TO NUMBERS a.s.sUMED

a.s.sUMED NUMBER OF RATIO PER CONGENITALLY MILLION OF DEAF POPULATION

1880 18,531 369 1890 18,375 293 1900 13,286 175

These tables are taken from _Annals_, li., 1906, p. 487.

[60] In the three schools where an increase in congenital deafness appears to be found, namely, those of Michigan, Wisconsin and Ohio, a partial explanation probably lies in the fact that in these states a number of day schools have been created of late years, which are not likely to draw congenitally deaf pupils to the extent that the inst.i.tutions do, thus leaving a larger proportion for the latter. See also E. A. Fay, _op. cit._, p. 125.

CHAPTER III

TREATMENT OF THE DEAF BY THE STATE

GENERAL ATt.i.tUDE OF THE LAW TOWARDS THE DEAF

After examination of the question of how long the deaf are to be an element of the population, our discussion turns to their position at present as an actual part of society. The first relation to be considered is that of the state to them.

The state acts on men through the law, and in the law is represented not only its authority, but its att.i.tude as well towards the problems that confront society, including the treatment of the various elements of its population. In this chapter it is our purpose by a study of the law in respect to the deaf to discover the att.i.tude of the state towards them and the treatment which it has accorded them.

Generally in ancient and even in more modern days the deaf, especially the congenitally deaf without education, have been held in the eyes of the law more or less as though they were an abnormal element in the state, at times being regarded as though they were of defective minds, and now and then being considered practically as idiots. Though there was usually meditated no unduly harsh treatment of the deaf, they were for the most part deemed incapable of performing the full duties of citizenship, certain of the rights that belonged to their fellowmen were denied to them, and they were held in considerable degree in what amounted to legal bondage. It was only in the course of time in most countries that the law came to look upon the deaf differently, to regard them more as normal persons, and to grant them in greater measure the rights of other men.[61]

In America the attention of the law has been directed to the deaf both by legislation relating to them, and by court decisions affecting them.

In addition, in the const.i.tutions of a number of states, as we shall see, provision is made for inst.i.tutions for the education of the deaf; and in one state, Mississippi,[62] a provision is found exempting the deaf from the payment of a poll tax. The law cannot be said to have concerned itself extensively with the deaf, but the light in which they have been viewed has been indicated fairly clearly. Judicial _dicta_ and opinions have been of less frequency and importance than legislation, and have rather dealt with the mental capacity of the deaf in certain legal relations and proceedings, as in their responsibility for crimes, the making of wills, the appointment of interpreters, etc. Legislation itself has not often been engaged in providing for the deaf as a special cla.s.s, beyond maintaining schools for the education of the young. Where this legislation has taken place, it may be said to be of three kinds.

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