Document 3NXpnpxy4Vv9Gr5e3zbXOmry3

J oKns-Manville Twenty-Two East Fortieth'Street New York.N.Y. January 22, 1935 Ur. U* F. Judd, Secretary, Raybestos-Manhattan, Inc., Bridgeport, Conn. let Kellon Institute -of Industrial Research SzppogjyR.og..Raat BEgbjeng Dear Ur. Judd: As I Indicated to you over the telephone this afternoon, I an enclosing a copy of a memorandum I prepared for Mr. lewis 1. Brown regarding my trip to Pittsburgh last Tuesday, January 15 th, to attend the Symposium on Dust Problems held under the auspices of the Mellon Institute of Industrial Research. Very truly yours, VB:T Enclosure JA{*20 835 Vandiver Brown Attorney 005217 q jj, -2- dallwered addresses* Aacng these were Er. X. C Eir-fch, a lawyer associated with Williams, Eversaan and Morgan, Toledo, Ohio, attorneys for Owens-Illinois Glass Company; Dr* Eugene p* Pendergrass of the X-ray Laboratory, Oniwersity Hospital, Phila delphia; Sr* A* J* Lanxa, Assistant Medical Director of the Metropolitan Life Insurance Company; Sr* R. R* Sayers, gedlcal Officer in Charge of 0* S* Public Health Service; Professor Philip A* Drinker of the School of Public Health, Earward Unirarsity; Hr* F* Robertson Jones, General Manager, Association of Casualty and Surety Executives; and Mr* Donald S* Cummings, Assistant Director, Saranac Laboratory for Study of Tuberculosis. She addresses delivered by these specialists, togethe with the open discussion that folloeed then, rewealed, among otfae things, the very menacing character of the problem. Its complex nature, -the uncertainties attending most of its aspects and the necessity of some fora of united action by the afflicted iadustri It ems recognised that some aspects of the problem mere peculiar to special industries but it mas equally evident that other aspeeta were commas to all* Per example, only two form af dust, namely, free silica and asbestos* are definitely known to produce disabling fibrosis of the lung* Sven In the case of these dusts the problems resulting tb*r**fr<v'i are quite different since the fibrosis resulting from silica Is of a much mors serious character than that resulting from asbestos in that the former predisposes to tuberculosis end is much more likely te have a fatal termination* On the other band (and this illustrate one -of the most serious aspects of the problem that is common to all dust producing industries) the feet that no other dust is knows to prodsee disability has not prevented entirely groundless claims aggregating -millions and even hundreds of millions of dollars being brought against industries which have no silica or asbestos dost haxard. For example. Dr* Lanxa pointed out that no one bad ever maintained that gypsum duet was harmful and yet, nevertheless, the gypsum industry t**1* suits pending against it covering claims In excess of four million dollars* It appeared that among the problems common to all i wars tbt followings (1) The menace of ambulance chasing lawyers In f*--*4 -wa-Mrw> wd'th "***m**mrml*nm doctors* - rhe -uncertainties acrrouadlng diagnosis of any of the various forms of pneamooocouioais are so many that a. question of fact is presented In every case* Expert testimony can be pro duced by both plaintiff and defendant and it is for the lury to decide whose experts are 005239 3- correct In their Interpretations. In wetrfng this decision, the jury is not likely to favor the opinion of the experts produced by the employer* (2) She desirability of -*-*-f Tarious dost ** tases compensable under properly drawn workmen** compensation lavs* one of the speakers stated that *the strongest bulwark against future disaster for industry Is the enactment -of properly drawn occupational disease legislation*, flocfa legislation wou] (a) eliminate the Jury and empower a ifedieeJ Board to pass upon the existence of the dlwewwe and the extent of the disability; (b) eliminate the shyster lawyer and the quack doctor since fees would he strletly limited by the law; and (e) permit the correct ing of mistakes the --* awards by pro-riding for hearings to reduce or eliminate swards If proof could he adduced that the claimant was not disabled or that the extent of his disability had been over estimated. (3) Problems of ventilation, dust collecting and alimiaation, and respiratory devices. (4) the establishing of standards (a) for dust counting end particle else determination, (b) far the taking of X-rays for diagnostic use, and (c) for the interpretation of the markings on the so produced. At the (dose of the discussion a Xr &rtx, VicePresident of American Befractorles Corporation, made a motion that Xr* William P. Zsnt, Chairman of the meeting appoint a nominating committee who would nominate a group of individuals to serve as a committee for the formulation of ways mud means to brink about effective cooperation of some character between the warlous industries for meeting and combating those phases of the dust problem common to all This motion was carried and m geminating Comalttoc appointed which retired end upon returning presented to the meeting the names of seven Individuals to act ms such Comaittee. Bo other nsmes having been placed in nomination, the following were elected to act as the Oaaaittee and report hack to the various industries and groups represented at the meeting or to whom the Invitation had been originally extended: 0053,20 Vandiver Brown representing Asbestos, CoUs end Von-Vetalllc Dr* B* D* Seklatrails representing Chemical, Abrasives, Alloys end loa-rerroas aetsls S* 0* Jones representing Foundries A* B* Sherwood representing Glass Send, Ground Send end Glass lUaufsctore A. J Gentholts representing Iron, Steel and Ores A* J S* Curtis representing Lime, Lisartona, Cement and Gypsum &>ger A* Eltchlns representing Beraetarles,Cersmics and da; X CTpltlaad to the other mesh era of the Committee that X had been sent to the meeting solely as ea observer sad had no authority from Jofcns-Xarrvllle Corporation to accept membership on the Comsittee end certainly -none free the Asbestos Industry as a whole* X -was urged, however, to meet with the Cornelttee and agreed to do so on the condition that X eight withdraw if-approval of ay serving in that capacity should not he forthcoming* X pointed out that mashers of the Asbestos Iadnstey did not care to be associated In the minds of the pablic or of employees with those industries whose problem was silicosis sad that far this reason X felt -there might he some opfosition to having a repsesentatlwe of the Asbestos Industry working with then* X dXd,hlcste, however, that X realized numerous aspects of oor problem were the same and that If cooperation could be worked out without an undue amount of pcblielty, Johns-Baarille Corporation and perhaps the Asbestos Industry ha a whole, would in an likelihood be willing to cooperate* ~Xt was the opinion of the Coosittee that this -condition would not present any insuperable difficulty* Sr* Boger Hitchins, President of Aaeriean Befractor-- las Institute, was made Chairman of tbe Committee which held e meeting Tuesday evening after the close of tbe Symposium* tfr* SitchSns was designated to meet with Sr* Veldlein of the Xellon concrete form as to the manner in which tbe Xellea Institute sight be ehle to assist the various industries for m fse of $25,000. then this proposal has bean received end approved by the members of the Ccnlttee, it will be submitted to the various industries with the reoanaendation that it be accepted and that the various industries or individual corporations agree to stand good far a proportionate amount of "the fee not in excess of a definite specified sum* 005221 I gathered that tha proposal which weald be aada b7 tha Fallas Institute would Include, asong others, the fallow- lac; (a) 32** coaptltag of a ccESprahensive bibliography of ell books, treatises end publicstioss deal-- lsg vitiz any aspect of tha dost problea; and tha evaluation thareof. (b) The compUhsg, dig^-tiag and correlating of data and inforaation fro* various subscribing ladastrias relator* to their particular experl-- (c) She drafting of approved wotteea's coopensation legislation covering paecsaoxsoconlosls- (d) Tha digesting of tha laws of the various states which sight affect the operations of Industrie* presenting a dust hazard* (e) She outlining of probless retiring research or the ii itiTil T lTi isi if of fixed standard* *^4 tha prevention of duplication of effort and expense along these lines* Tha interest, with which the discussions were followed and tha estboslaaai which greeted the proposal for unified effort lead aa to believe that the necessary support will be found for soaa sort of prograa. along the above lines** Ti2mi7SE SHOW January 18, 1935 005222