Document 1g0KBvm1x5N8kKoBrjGDXKRNo

t f PLAINTIFF'S EXHIBIT NEW YORK UNIVERSITY-BE3LLEVUE MEDICAL CENTER or ntt rotx UNTvntsrrr institute of industrial medicine Juno 12 pi. 96 6 Mmtim( Addftf. 330 FTCT AVTNUI, NIT YOU 14. N. T. o&jgom r-noo George S, Araatrong, 34.D, Direotor lew fork Dnirereitj' - Belle-rue Kadioal Center 5BO first Arenue lew *crk, l.T* Dear Dootar Araatrong t Af 70a s*7 know, Professor Lanin adrised am that aty appointrarat 'in ths Dnirersity would ha terminated, and this aotlon ia dua to taka plaoa on Juno SO* Brente bara suggested to me that thia and oartain prior aotiona ara related to tha faot that of vtudiaa inrolrad disclosure of oooupational oanoar haaarda affeoting employees of industrial organisationa that, I understand, ratainad Profaaaor Lanaa at a consultant* Z an advised that obstructions hawa baan plaoa d in tha way of atudias of anrironaantal oanoar baxarda elsewhere, ^ian theaa hare touohad upon aoonaBio interests* I baliara it is in tha public intoraat to axplora this matter* Tor this reason, I an now writing to request a hearing* I tn confidant that tha Dnirersity would not knowingly andoraa arants of the nature lndioated, which ara inconsistent with tha "right to seek tha truth" defined by Chanoallor Eeald as our oast prioalass asset, aooerdlng to tha Alumni Bulletin far IcTember,1954. I baliara, therefore, that the Dnirersity baa a wary real interest in ascertaining tha theta in this matter, and I wish to eubait the following account of erects as they here appeared to aa* Za 1949, Z aooaptad Professor Lansa*s inritatian to join the faeulty of law Tork uBirersity and to taka responsibility for oanoar research in the Institute of Industrial Medicine. Prior to that tins, Z had deroted four years to oanoar reaearoh at the Booksfeller Institute, two years at the Blcan-Sattering Institute, and had published artanairaly in this field* Sinoe 1949, Z hare publiahad twenty three artioles in this field (referenoee attaohed)* Two iaanae of tha A.ltA* Arohifee of Industrial Bygiona and Oooupational Medioin# hare appeared, whioh.were deroted to anrironaantal, particularly oooupational,oanoar etadlae cither oonduartad by me or which X waa instrumental in bringing to publioation from other inetitutione hare and abroad in a Banner to tha oredit of law Tork University* During the peat earen years at tha tfairereity, I hare worked with a series of fire part-time assistants of dootorato grade and hare collaborated in reeaeroh with flro other seabere of tha famity, in each Inatan oe tangible results ensuing, as eridenoad by tha attached list cf publications* Za 1960, Z conducted, and subsequently published, s surrey of oooupational tuner studies \ r -2 - it Britain* la 1962, * served as an lasrioan delegate to theLtEB on l^wg Oenoer bald is Loureia 'by the International Union it Canoer, In 1964, I served as ohilrasn of the Symposia*, aa Prevention at tha Sixth International Csnoer Congress in Paolo, Z mention thasa aotiritiaa aa evidenoe of energetio and creditable vork in tha flald in vfalch I m invited to aarra tha Adversity. lhan I joined tha faculty of tha an Institute of Industrial Xsdloine in 1949, I emphasized tha daairabllity of developing studio# m anriranaantal faster in long oanoar, % suggestions fbr auoh an effort in tha apaoa than svailsble to me -aara daoilnad by Fpofesaor Lanaa on gromds that other than ourrsnt studies ahoold first ba brought tosoae oanoluaion. This vaa dene, aa raoordad in publioationa referred to above, notably thoaa oonduotad by ms in oollaboration vith petroleum easpenies, and ahioh constituted tha first najor aaiantifio contribution of tha Instituta, Jo, tha fall of 1960, conversations on lung oanoar studios vara rersmd vith a bioohesd.it in tha Instituta, Profsaior Horton Hal son, vho had not previously engaged in eanoer research, I assisted ft*of, Holson in daralopoant of proposals for suoh studios, vhioh i,r agreed to ba a collaborative enterprise, I looked fbrward vith pleasure to the opportunity of pursuing studies in this field vith Professor Hai,on. Ee stated that the proposals vara of a tentative nature and vers to be sent to the dean fbr consideration, Tty subsequent inquiriaa as to progress of these proposals met vith replies that they vers under reriev by a oomittee of the aadioel oenter, finally, I learned that the fkot vae that they bad been submitted vithout y knovledge as a request for a substantial grant from the Daaon Banyan Fund vith Professor Holson nsned as tha inrevtigator, and that this grant had been made. After the grant vae received, ay Inquiries oa the subject sat vith evasive replies. Z *u, however, requested by ^rofbeear Holson to prepare a revise of literature on experimental studies of lung oanoar, I prepared sad published suoh a revise (HefHo,32), Z also prepared and published a revise of occupational factors in lung eeaoer la nan, at the request of the International Union Against Canoer (Bef. Ho, 66), Z elsewhere published ay method fbr experiaentsl production of lung oanoar, vhioh provided a technique fbr exper* laantal production of lung eeaoers of tha types eanaon la hinan oeeee of this disease (BefsHos,21A22) Z had previously published studies on the types of lung twaora oonanon in sloe (Bef.Ho.20), Z aontion these studies to document ay interest sad activity in lung oenoer, noting that Professor Holson not engaged in reeeareh in this or other fields of oanoar vork. During development of the lung oenoer program in tbs Institute, the manuscript of the revise vhioh I had boon requested to prepare for it aid vhioh set forth goals for study, vae repeatedly borreved by Professor *elscn; but I vas axoluded frcu. planning or partioipaticQ in tbs program, I brought these faots to the attention of ftrofesaor lease, to no avail. In ths fall of 1961, All personnel fbr this vork vers engaged vithout my knovledge until their appeeranoe in the laboratory, lUazxvhlle (1961 and 62), laboratory faoilitioe, aside -3- tres. qotrMr*, war* withheld from me, end F-ofetsor Lan*23?~' daelload ay request for a tingle full-time assistant of doouorate- grade 'hen the chairman of the Center's oanoer oaandttae invited to apply for tech & ua under the institutional grant frota the American Oanoer 8ooiety. Zo the spring of 1962, Sr* 0. P. Rhoads iirrited me to epeaJc at K^aorial Eoapital to repreaentatiTea of eigarette and oigaretto paper industries, who wished to learn of techniques available for estimating potential oaroioc^eaa in -eigarette ssokw. Z deaorihed this Meeting to Profeaaors Lansa end Hal son* X fee weeks later, I was iarited at noon to attand a Meeting at two ^olook la Prof. Laasa'e office at which Pref. Helson preeentei , to same of the eaae individuals I had Met at X*aorial, a typed proposal, prepared without wf knowledge, for atndy of thair questions with reconanendatiou that thay ampport such atudie a through contributions to the Daaon Runyon Tond. Professor Helson pointed out that, sinoe hoth he and Prof.Lanxa were on the board of that fond, they ear# in a poaition to assure that euoh contributions would be tunneled into the long oanoer grant, of which Professor *ela on had ocoplete charge. Sinoe srreral individuals at this Meeting had ooae froa as far away as Horth Carolina, I could only oonolnde that the Meeting had been planned substantially in advance of-the two hours notice given me. r It the end of this Meeting, Professor *laon inforaed me that he did net have experience to eqdSp hiss for this work, end was therefore detaching ay only adLstaat to assist him* In Kay 1663, I was requested by Profsssor Helson to prepare Material for a press release intended to rates funds for the Institute. On Key 14, 1963, this tutorial appeared in the Hew Tork *imoa in an artiole emanating frost a press eonfbrenoe held hy Professors l*ans* and Hiaoa# This artiole deelt largely with oanoer studies Z had oondnoted in collaboration with trolem ooapenios, and credited the work wholly to Professor Kelson. e later told me that the Times artMle erediting him with ^ work was a reporter's error* Z find this difficult to believe, sinoe he was similarly credited in an artiole in the low Tork Post on the sane date* Z have no wish for public notioe, hut it would seem that Professor Helson, in addition to seising oontrol of the future oanoer program of the Institute, acquired for himself credit for suoh work as 1 had done for the Institute in the past. When effort was begun to identify potential oarolnogens in olggrette moles condensates, it became apperent that teohniquea utilised for euoh stallse with petroleua samples were unsuitable by reason of requiring large volume of material for repeated applications to a&lnale for periods approximating thair life spans. 1 thereupon developed a rapid oreealng test whioh haa permitted detection-of oarolnogens within four days (Hefs.3dl39)* In the early spring of 1963, Z suggested to Professor Helson that this rapid soreening test put us in an advantageous position to traoe oarolnogens in urbsm air and engine exhausts as well as in cigarette smoke. I suggested that wo develop studies in this direction. Dr. Helson said that he would like to think this over. He shortly advised that he had, without further consultation with os, * submitted proposals for study of air pollution problems to the lew Tork Port Authority. Hie aotlon in this matter thus parallaled his initial action in the development of the lung oanoer program* I 4. The usefulness of the rapid tort, mentioned above, is evldanoed by oar raooeemful application of it in traoing aaroinogens in oils, tare and cigarette souks, and by the fast that it haa boon taken up in many university and indnatrial laboratories, In order to derelop ay dlsoorery of this teat, I requested, in tha spring of 1964, participation in the institutional grant than being sought by tha 0ntar fr a the American Canoer Society, Kjthln a few days, Frofeasor Xalaen informed me that ha had found it naoaaaary to oanoel ay application in favor of an application for funds for his own work, I would hers a sterile vise indeed did I not wolooae anyone who wishes to devote time and effort to the oaacer problem, I do not', however, believe that a nevooaer to a field, suoh as Professor Kelson, should utilise his administrative responsibilities in the Institute and his position as s& offioer of a Fund to exelude from tbs field a aaa with a reoord of thirteen years productive work in it. IT IS XT COKTSITIOH THAT, HESS IV AD1CDJTSIEA.T0R AID FUKD OFFICES KHO HAS 5S7E& EKQA.QSD IK &ESSJLECH IK A OI75H FIELD AT3SXPT3 TO DHI7X AX EXTSBIEKCED 2K7SSTI0AT0S OUT GF TEAT FIELD AXD TO AO^UZBS COBT&CL FOE ESQBF, THESE ESI3TS X SSUXXZQX PREJUDICIAL TO THB SSFUXATIOX OF THE USTIIUTIOH COHDOIIEO IT AXD TO AIT FUBD TEAT ZKOIOXaLT SUPP0S1S H, A DAIGB&OUS PEECEDSHT FOR SCZEHCE IS AHS2IC1 AED AS AFFBOIT TO 8CH0LAH8 S7SS7KEERB, I wish to state very alearly that I have no monopolistic delusions or sabitions, and no wish to exclude anyone fkom engaging In canoer research, I have at all tinea stood ready to oooperate with any individuals in the Institute interested in oanoer problsns, I have hsid no quarrel with Professor kelson's responsibilities as direotor of researoh for the Institute, Within that breed framework, which involved mny types of problem, Z believe that ay subordinate responsibilities in the speolsl field of oanoer researoh should have bean aaoordsd the simple oourtesiss which would so saally have made for effective and honorable team work, I have repeatedly lndioated this to frofesaor Kelson, to so avail. It has see--i exceedingly curious that these slaple courtesies hare been se notably laolrlng. In attempting to oamprehand these erects, I reoall that, aocording to sy understanding. Professor Lassa served sisoe about 1949 as oonsultaat for a large asbestos o<xspany, which I shall define for the present purpose ae Company X, In the spring of I960, madioal officers of this and other asbestos ooopanies visited the Institute to discuss a report published by tha Chief Iaspeotor of Factories in Great Britain lndloatlng association of lung oenoer with asbestosis, I stated to them that I expsotad to make a survey of oertain other occupationml tuur studies in Great Britain during the ensuing cummer, and oould attempt to learn something about the oases on which this report was based. -5 - Darias my work in England, I traoed 21 of the 31 than reported mm( of nrr-i-Ti rHng asbestos!e and lung oanoer, and learned that all bat 1 of tbs 31 had been employed in th* industry prior to 1932, tha year in hioh exhaust ventilation devioes had baan installed in tho plant* yielding thasa oases. Tha Senior Medical Inapootor of Factories, tha pathologist and tha plant aedioal offioar adriaad that thay fait asbaatoaia did pradiapoaa to long oanoer, bat that tha number of eaaaa of asbaatoaia and tha fulninating oonraa of indlvi&usLl eaaaa had greatly sub aided aino* installation of Tentilatlng equipment. Z transmitted their views, aapaoially their opinion that hare was a triumph of industrial hygiene, in sy report (Baf.Io.33) praaantad at a neating of tha Oanoer Prevention Oosnittaa in Yew Tork on Oot.18,1960. This seating was attended by aedioal offloors of asbestos ooapanias and by their ooaanltast, Dr* Lanza. I had not learned at that tiaa that tha praotioe of industrial sadioina, in sene quarters, oalla for obfnseating hasards for as many years as possible* Vj aantion at this Beating of what seemed an opportunity f> r prerentiTa medioine aridantly disqualified aa for reaearoh in lung oanoar, far shortly tharaafter Dp. Lanea adriaad that ha did not faal it feasible for na to go ahead with studies previously fornolated by him in a latter of August 26, 1960 for experimental assay of the potential oaroinogenieity of asbestos dust, and endorsed transfer of all lung oanoer etndiea to Vrofomoor Yelaon, who had newer worked in this or any other field of oanoer research. Sinee that tlae,Bajor deoisione r for the oanoer progran of the Zhatitote, whioh I had been brought here to develop, were mde behind ay baok, without my knowledge, and in a Banner to exolude ay pertiolpatioa. Za the following year, Profeasor Lanza apoke to ae about field atudiee of oeonpational oanoer probleaa then being oonduoted by the Yatioaal Canoer Institute of the U.8,Publio Health S^rrloe. These laoluded studies of lung oanoer aaong ohramata workers. Professor Lanaa stated that ha had been retained by a group of ohroaate oanpaniea ae a aedioal oensultant, and that in this oapaoity he had ealled upon the surgeon general and had Bade objections to these studies. Professor Lansa told as that his objections had been anoosssful, and that all field studies of industrial oanoer risks by th* Yational Oanoer Znatitut* would be terminated. Z was frankly shocked by his apparent gratification at this disruption of th* work of a responsible government agency at a tiao when it was developing data of profound laportano* to the publlo health. Z had th* very dlatlnot impression that he oearnmnioated this information to ae as a threat that he would similarly terminate my work if Z took continued inter* at in problems bearing on occupational faotore In lung oanoer. Also in 1962, the direotor of a well-known soientifio Institution, a phyiloian who hsd spent years in the study of asbestoais and other forms of pnejnooonlosia, amounoed his important dlsoovery that an industrial dust brought about oanoer in the lunge of animals inhaling it. ithin a year, Professor Lanza stated to ao that he had utilized his position on the board of that institution to force this can's resignation, and that ho had subsequently prevented this *. from getting a job in a aedioal school in California by going personally to call upon the dean of that school. Again, I had the very clear impression that this information was oonreyed at a threat to discourage me from studies in 6 .v . this field. I wish to inquire whether Dr. Lanza's trip to California me paid for by the company referred to above aa Company Z, Z understand ha was then serving as a consultant to that oompeny in oonnaotloa with a problem of another duet disease (diatcmeeeous earth pnetmooenloais) affecting workers in their California plant, a matter I will consent upon further in this lstter. Meanwhile, progress in evaluation of the question of lung eencer in relation to asbestosis had been awaiting age-adjusted statistics. These were forwarded to me in February of 1964 by ths medioal officer of a plant in England after review by a statistician aasignsd by the Xedloal Eesearch Council with their opinion that a lung canoer risk existed in this situation. Zsowing Professor Lanza's interest in this subject and his service with asbestos Company Z over here, I showed these data to him. Ee responded with what I can only desoribe as a . Tehssmnt denunciation of osnoer investigators as "trouble makers", and within a few months notified as that ay appointment in lew York Cblverslty would bo terminated* I believe this matter involves a fundamental problem of freedom of aeedemlo research. I further bellave it is pertinent to reoall that Dr. Herbert Z. Abrams, formerly chief of the Bureau of Adult Health, State of Calilbmia, published, in the Hay 1964 issue of the imerieen ( Journal of Fubllo Health, an aeoount of the diatomaoeous earth pneumo coniosis problem mentioned above as affeotlng a plant operated by Company Z in California. Dr. Abrams' artlole indicates that, although many workers fii California had died from this disease, the matter was allowed to drift along for twenty years until the International Ohamioal Yorksrs Union wen a strike to gain recognition for the preeenoe of a hazard. Yorkers of ths Canadian affiliate of this same company also found it neoossary to strike fbr better industrial hygiene conditions la asbestos operations. These men wore also fighting for their health sad their very lives against a preventable disease, but, according to adrloe given me, these workers were beaten up by police, prieote who supported their cause were tranafered elsewhere, and the editorial staff of the Jesuit journal that had spoken out for thorn was broken up. To this list is about to be added the firing of a professor at How York University by Dr. Uut, who served as a consultant to the above oampany in connection with the strikes in California and Canada. I reoall that whan Z began researoh in industrial osnoer hazards a distinguished scientist predicted that pretexts would be found to block my work as well as to wreok the program, of the national Canoer Institute in the same field. Both events have ooourred. Many oanoer investigators now believe"that the most praotieal direction open today for prevention of many forms of this disease depends upon identification and control of environmental aouroee of exposure to canoor-incitiag agents, many of which are now known. I appreciate the need to oenduot studios of potential industrial and environmental canoer hazards in a manner avoiding undue publlo alarm or unjustifiable olaims for workmen's compensation. Ia my work s Cf. Ee solutions, iota Unic* Internet, oontre le Cancer ZI, Ho.l, 72-78, 1966. * / 7% _ ' m* - - '- ' ' I wit" patroletna companies, I hare had the opportunity to learn how problems In this fisld can ba aolrad through ainoara rtcdy and effbrt. Zhay eannot ba solved by driving aoiantlata out of thalr laboratories. At tbs reoant 01xth Intarnational Oanoar Congress, it was observed that sane of the most sotiva soiontists la this Hold had been driven out of thalr laboratories soon aftar describing findings bearing on eanoer haaards of Industrial origin. 2h the hearing requested in this present letter, our tfaiverslty has the opportunity to add to this roster of obstructions to advanoa of knowledge, or to take a stand for better things. Much good ean be anticipated frcxa clarifying this matter. American industry leads the world in support of aolentlfio reaearoh. I firmly believe that leaders of industry, if assured of the opportunities open to them fbr control of environmental eanoer hazards, will foster effbrts in this field with renewed vigor. Tory einoerely yours. r William B. Smith, M.D. Associate Fpofeaaor of Industrial Ifsdlolne ooi The Chancellor