progressive of the States in reconstructing its criminal code to
accord with modern sociological teaching, has enacted a law which I
quote from Burn's Indiana Statutes, Revision of 1908, Vol. I, page
1029. "Every woman who shall solicit of any person any medicine, drug
or substance, or thing whatever and shall take the same, or shall
submit to any operation or other means whatever with intent thereby
to procure a miscarriage, except when done by a physician for the
purpose of saving the life of the mother or child, shall, on
conviction, be fined not less than ten dollars, and be imprisoned in
the county jail not less than thirty days nor more than one year." To
include the woman as a party to the crime is a signal mark of
progress toward bringing abortion under effective legal control.
Heretofore, the perpetrator alone has been responsible, and in most
States he remains so, while the woman is regarded as a victim.
Clearly, that is unjust, for criminal abortions are rarely, if ever,
performed without application by the subject of the operation.
According to most of the statutes no distinction is made between the
attempt at abortion and its accomplishment. Irrespective of the
outcome, those who supply drugs or employ instruments purposing the
destruction of pregnancy are guilty of the offense.

An extensive analysis of the various State laws is unnecessary; the
mention of a few statutes, selected from different sections of the
country, will suffice to indicate the character of prevalent
legislation. Massachusetts imprisons those found guilty of abortion
for a period of three years or less, and permits a fine of one
thousand dollars. In Pennsylvania the same prison sentence is
imposed, though the fine may not exceed five hundred dollars. Three
years is the minimum imprisonment in Virginia, and a maximum of ten
years is allowed. Colorado's law duplicates that of Massachusetts.