Vernon Glasser - BCL 362 [ss]

Society for the Prevention of

Cruelty to Life Forms,

Complainant,

vs.

Bio-Chem Labs, Inc., et al,

Respondent.

Civil No. 4794

Memorandum Opinion and Order

This matter is presented on an Order to Show Cause why the Respondents herein, Bio-Chem Labs, Inc., and its Officers and Directors, should not be enjoined against further implementation of a certain social and biological experiment, identified on the books and records of the company as No. BCL 362, on the grounds that it violates Title 18, Chapter 32, Sec. 584(a) of the Galactic Code, as amended, which reads in pertinent part as follows:

"The right of human life... to develop free of exterior control ... shall not be abridged, nor shall any devices or procedures be utilized for the purpose of limiting, expanding, or in any way altering the structure of the genetic endowment of any person... or the ability of any person adequately and freely to respond to his environment."

The legislative history of the cited Act discloses that it was motivated by the need to set bounds to the science of genetic surgery, subparagraphs (b) and (c) thereof expressing the highly limited exceptions within which hereditary manipulation is permitted. Nevertheless, the language is broad enough - "any devices or procedures" - to include the activities followed by the Respondents as hereinafter explained.

Complainant, the Society for Prevention of Cruelty to Life Forms, has, heretofore, filed a motion for Discovery under Rule 23(b) directing the Respondent to produce its books and records respecting the experiment in question. The motion having been granted, all such records are now before the Court.

Experiment BCL 362, as shown by the records of the Respondent and as amplified by testimony, is on a grand and literally planetary scale. In order to insure proper isolation, an uninhabited - and indeed uninhabitable - solar system, in one of the remote fringes of the galaxy, was purchased. A planet in this system was then selected, more or less at random, to house the experiment. Necessary conditions of isolation were insured by total sterilization of the other planets and satellite bodies. Finally, conditions were artificially created - heat, moisture, mineral content, irradiation, et cetera - which resulted predictably in the proliferation and development of a type of "life" which had been implanted there. Since the exact nature of this "life" is essential to the question before us, there is set forth below an excerpt from the testimony of G. K. Woodrow, head of the BCL project.

Q. For about how long, now, has your company been conducting this experiment?

A. Oh, a long time. A very long time. I am the forty-second Director of the project, and I suppose that means more than a dozen generations have passed.

Q. Would you say that the Company has a great deal of money invested in it?

A. Of course.

Q. Can you tell me, was the creation of an intelligent life form initially contemplated? Was that what they had in mind when the whole thing started?

A. That was the main purpose. Plainly, experiments cannot be conducted with human beings as subjects. We needed, that is to say science needed, an experimental human, and the only way we could get that was to make an artificial human.

Q. Was there anything unusual about this creation, this making of what the Complainants call life?

A. How do you mean, unusual?

Q. Well first - what exactly did you produce?

A. A simple one-celled animal of a very low order. We could have commenced even lower, say with a virus, or even a chain of protein molecules, but for our purpose this was unnecessary.

Q. Then, Dr. Woodrow, was there anything different or unique about this one-celled animal? Can you distinguish it from the forms of life, unicellular or even multicellular, which are being made artificially every day in laboratories everywhere?

A. I see. No, I must say this was in no respect unusual. There is certainly no secret about the process. In fact, had we so desired, we could have made complete little animals such as we normally manufacture for commercial and medical purposes, and stocked our planet with them.

Q. But you preferred to start at the very beginning.

A. Yes.

Q. And you physically manufactured only the original unicell. Can you say, then, that you also manufactured the intelligent being into which it ultimately developed? Can you say that was part of the manufacturing process?

A. I would certainly say so. The principles, the processes, are the same. The difference is one of scale only. In the laboratory, we manufacture life forms in the test tube, as it were. But project BCL 362 used a planet for its test tube. That's the only difference.

Having thus produced, artificially, the basis of life, and having constructed a suitable environment within which it might thrive, BioChem Labs, Inc., proceeded to guide its development to higher forms. Although normal evolutionary procedures were utilized, they were so encouraged and so directed as to greatly accelerate the emergence of the final desired product, that is, a sentient being very closely resembling man. This identity comprises another area of dispute, and was denied by Abel Benning, one of the executive-directing operators, under cross-examination by Counsel for the Complainant:

Q. But these beings you produced, Dr. Benning, they are men, aren't they?

A. They are the terminal result of a natural process which we set in motion.

Q. But they are men?

A. That would depend on how you define "men." Let me use the expression "human being." I deny that this artificially produced entity is a human being.

Q. But it resembles one, doesn't it?

A. Yes.

Q. If we had one of these beings here in this courtroom, wearing clothes similar to ours, we could not tell the difference, could we?

A. I suppose not.

Q. And they do wear clothes?

A. Of course.

Q. And they are divided into two sexes just as we are, and they think, and they have a variety of written and spoken languages, and they have cities and schools and factories and courts, haven't they?

A. Yes, they have.

Q. Then how do they differ from men, or from human beings, if you prefer to use that term?

A. They differ, I would say, in a very fundamental way, there is a most fundamental difference. The subjects of BCL 362 were created deliberately, artificially, for a scientific purpose. Their evolution was speeded up fantastically. Whole populations were repeatedly decimated by it various agents in order to observe genetic and behavioral results. Whole breeds - races, you would say - were mingled, or created, for the same reason. We did not always know what we would get, but we observed, we recorded. In order to accomplish our ends, we had to develop creatures with a very short life span, with generations succeeding each other at an incredibly rapid rate.

Q. But with all this, they bear an uncanny resemblance to men?

A. They resemble us, yes.

Q. I call to your attention that the ultimate origin of life, I mean our own form of life, has never been determined with certainty. But we, too, probably started with some kind of a one-celled animal, long long ago. We, too, developed through the agencies of evolution, natural selection of favorable mutations, and so on. Our origin and evolution could have been accidental, or it could have been the work of God, as we are playing God with these creatures. And if the latter, if our own origin and development was the work of God, are you saying that we, too, are artificial creations and not men?

A. Of course not. But I deny that the subjects of BCL 362 are human beings, as we understand that term.

The issues so far delineated, as may be seen, are two; first, whether the life which inhabits the planetary test tube of Bio-Chem Labs, Inc., is true life or only an artifice which simulates life, and secondly, whether the admittedly intelligent beings evolved by the guided processes of Bio-Chem may constitute such "human life" as to bring it within the terms of the cited Statute, 18 GC 584(a).

Considerable testimony has been adduced before this Court with respect to the definition of the word "life." The dictionary refers to a quality that distinguishes a living being from a dead body; which, for our present purposes, merely begs the question. Other definitions, old and new, refer to "irritability," to reproductive capacity, to sensory response capability, or to other inherent qualities, all of which must be conceded to be present in the life form here in question.

The Respondents themselves, indeed, have failed to suggest a single recognized criterion of life not present in their creation, other than the fact that they themselves created it. Certainly our own life is considered by most men to be the work of God, however God is defined; thus, in our view, life to be life need not be accidental to be real. It is, therefore, the opinion of this Court, and we so hold, that the form of life created by Bio-Chem Labs, Inc., in connection with the experiment called BCL 362 is indeed life and no different under the law from any "natural" form of life known to us.

However, the Statute under which this action for Injunction was brought affords its protection not to "life but to "human life." It requires further that the prohibited activity be such as will alter genetic structure or the ability to make a free and adequate response to environment.

Reference to the dictionary, again, discloses that by the word "human" we mean only something which relates to man, as opposed to the lower animals. Anthropologists distinguish several varieties, or species, of man, one still living and the others extinct. Numerous sub-varieties, or races, are still among us, but all are human. All sprang from the same parent stem here on our planet, all are similarly related to the lower animals who were their remote ancestors, all are related to each other. Each of us in this courtroom, in this city, in any place on this globe, may say to the other "we had a common ancestor, no matter how long ago or in what form."

Is common ancestry alone, however, the mark of humanity? Suppose one of our spaceships, ranging widely, should find - what it never yet has found - sentient life on some other planet, life which by a quirk of chance, or parallel evolution, is as close to ours as that of BCL 362. Would we be justified in saying that such persons were not "human" and thus beyond the scope of our law? Or, if one of the "men" of BCL 362 were to come here to our planet, and make a contract, or be the subject of a criminal assault, are we to say that he is denied the equal protection of our laws? I think not.

For that matter, where do we draw the line in our conception of the common ancestor? The line between things organic and things inorganic is fine indeed. Since life did not always exist on our planet, it must have arisen, or have been created, from a combination of nonliving matter and energy. Thus the rocks themselves, the granite mantle of our planet and the radiation from space which envelops it, are themselves ancestors. And where did the experimenters of BCL 362 draw the materials and the energy with which they manufactured the one-celled animal for their experiment? Why, right here. We refer to the testimony of Dr. Woodrow, this time under cross-examination.

Q. You have stated, I believe, that you completely sterilized all planets of the solar system which you chose as the site of your experiment?

A. Yes.

Q. That is, you sterilized them before you implanted the seed of life which you manufactured?

A. Yes.

Q. Why was that?

A. Well, although we were confident that no life existed, or ever had existed, in that entire system, we naturally could not be positive. In order to avoid complicating the problem, or should I say in order to make the results valid, it was essential that the only life in our experiment be a life which we had produced and, therefore, could define. It is. exactly the same as preparing a bacteria culture; you could hardly explain the product if you had used a contaminated container.

Q. You are then quite confident that the only life on the planet is that which originated from the start you gave it?

A. Quite confident. Quite sure.

Q. This life with which you seeded the planet - where did you get it?

A. Where?

Q. Physically, from what location.

A. Why, it was manufactured right here in our own laboratories, less than twenty miles outside this city.

Q. Out of what material?

A. Chemicals which we purchased on the open market.

Q. Then this life which informs BCL 362 in fact originated right here on our own planet?

A. I suppose so.

In view of the testimony set forth above, and other pertinent parts of the record, we find ourselves unable to distinguish between our own "life," that which is the inner mainspring of our own cells, and the "life" which presently exists on the BCL 362 planet. Both originated here on our own world, neither are native to any other spot in the universe. Thus we conclude, and we so hold, that the inhabitants of the BCL 362 planet constitute human life within the meaning of our law.

The last question to be determined requires a finding as to whether the Respondent has, in the words of the statute, utilized any devices, or procedures, "for the purpose of limiting, expanding, or in any way altering the structure of the genetic endowment of any person ... or the ability of any person adequately and freely to respond to his environment." To illuminate our findings in this regard, we set forth below a portion of the testimony of Walter Simons, Chief of Behavioral Studies for Bio-Chem Labs, Inc.

Q. The general physical setup, then, was quite as important as the specific or immediate?

A. Certainly. For example, our experimental planet has only one moon, compared with our seven. Further, that moon presents only one face to the planet, and, it is marked, to the naked eye, with certain shadow features. The mere existence of such a moon has had a significant ... well, I should say an enormous ... effect upon the religions and literatures of the inhabitants. Its size and mass exert a force upon the planet so great as to result in a periodical, rhythmical, lifting of the ocean bodies.

Q. The seas lift?

A. They do. Thus life along an ocean strand presents a very interesting situation, with sea level never the same.

Q. What other environmental pressures were brought to bear upon these inhabitants?

A. During the formative period, when we were still engaged only in the accelerated evolution of a rational being, the pressures were all physical.

Q. Such as?

A. Oh - alternating periods of drought and flood; recurring eras of drastically lowered, or increased, temperatures; these things would carry with them, of course, changes in mean ocean level, storm patterns, vegetation cover, and so on. Because the life span of these creatures has been kept so short, the changes, on their scale, have been gradual enough to serve our ends. At intervals also we heavily increased the radiation from space, thus speeding up the mutation rate. Some of these mutations would be favorable, and upon their appearance we could encourage them.

Q. What environmental influences, other than physical, did you exert?

A. Well, after the emergence of a rational being, social influences were used.

Q. Such as?

A. To a certain extent, physical and social forces interact. A difficult environment has a tendency to produce a hardy breed, and when this is accomplished, an extended drought, or other disaster can be used to induce migration to lands occupied by others, with consequent interbreeding.

Q. Didn't this usually result in large scale warfare?

A. Not always.

Q. But often it did, didn't it?

A. It seems to be a natural result.

Q. Do you directly interfere with the life of an individual?

A. No, no, of course not. We may smooth the way for a new religion, or assist in the development of a new concept, but this is never done directly. In my opinion, it cannot be done directly without running the risk of revealing our existence and thereby invalidating the entire experiment.

Q. Do you ever use natural catastrophes, like earthquakes, pestilences, floods, and so on?

A. We have done that.

Q. Then the tools of your trade, Dr. Simons, are flood and fire, drought, disease, war and the forced migrations of whole peoples?

A. That is putting it very hard indeed. We have protected these creatures also. Repeatedly, their passions have put them in positions where they faced disasters of really frightful magnitude, and we have preserved them.

Q. In order that the experiment might go on?

A. Naturally, it would fail without the required subjects.

Q. And what, sir, is the result? What have you gained by creating a people just like us, and then subjecting them to so many trials?

A. We have gained a great deal. Precisely because these creatures are so like us, we learn how we would very likely behave under similar circumstances. We have gained something never before possessed by any people, that is, the ability to carry out social and economic experiments with - well, not real people, but the next best thing. We can discover how different political theories, different types of religion, or different social systems really will work. We are now at a critical point in our experiment. If we should be stopped now, much of the real gain will be lost. But, if we are permitted to continue, we will secure such knowledge that the future of our own planet, our own human race, may at last be planned with confidence. We will know which systems work and which do not, and we will know why. And we are at a crucial point, as I said; not only for our work but for the very creatures you seem so anxious to protect.

Q. Why for them? Why is their situation critical?

A. Because they are at a point where their ethics are too heavily overbalanced by their technology. Our present plans are to lead them away from their potential disaster, which has resulted from a complex of international and economic systems which we now are convinced will not work. We will lead them away from that and into another experimental system, now being devised by some of our best brains, in which we have great confidence.

The testimony of Dr. Walter Simons, above, leaves little doubt in the mind of this Court that the genetic endowment of the men created for BCL 362 is of primary importance. Dr. Simons' words were "Just because these creatures are so like us, we learn how we would very likely behave under similar circumstances." They are "so like us" because they were made to be like us, and it would follow that, if the experiment is to continue, their genetic endowment must remain like ours. The life span of these experimental men is so short that it rarely exceeds sixty, or seventy planetary revolutions - see transcript, p. 471 - and thus, if they are left to their natural development, they can be expected to evolve rapidly in some unknown direction.

Since our own lives are well over 4,000 times longer than theirs, it may reasonably be assumed that they will alter, genetically, 4,000 times as fast. But the very nature of the BCL 362 experiment forbids such change. They must remain "so like us" in order for the lessons learned from their behavior to have any meaning for us. Thus it is absolutely necessary for the Respondent to permanently control the genetic endowment of these creatures, as well as their ability to respond to their environment, in order to make their more rapid evolutionary process keep pace with ours, and in order to make sure that it keeps parallel to ours.

We are not insensible to the dangers inherent in granting this Injunction. It has been pointed out that the inhabitants of the experimental planet have been led to a crisis which, if left uncontrolled by BioChem Labs, Inc., may possibly lead to their destruction. But this is by no means certain. If they are indeed "so like us," there must be many among them who recognize the problem and who are capable of solving it. The whole force and thrust of the statute, 18 GC 584(a), is to prevent tampering with the right of others to meet their crises in their own way, whether this may mean victory or defeat.

It has been suggested also, with a certain thrill of fear, that the rapid evolutionary pace which was built into these creatures, when taken in conjunction with their brief lives and great fertility, may soon culminate in the production of an intelligence greater than ours, and thus present a danger to us. Man, it is suggested, may yet storm the gates of Heaven. But such a fear is unworthy of us, and particularly out of place in a Court of Justice.

In view of the foregoing, it is the opinion of this Court that the Respondents, Bio-Chem Labs Inc., and its officers and directors, should forthwith cease and desist from any and all control over the planet which is the subject of this controversy, and from all life, sentient or otherwise, now inhabiting it. The men of BCL 362 shall hereafter be free to stand or fall by their own efforts.

So ordered.