Document MJNd6e6jjJQLRQy196qR36k5j

H s, PLAINTIFF'S EXHIBIT MET-26 IdTIIuIUTDGl 3JZ ulloii itjititdti: or imuitrial riiiarch sri?ccrEi on icgt prirlzig - rittr-grgh- ja:m5. JZ On or about December 12, 1934 the Hollon Institute of Industrial Research. addressed letters to some 35 industries haring Indus trial disease prohlens inviting then to attend a mooting to be held under the auspices of the l23tituto an the 15th day of January. One of these invitations vas received by the Asbestos Institute and, although the Asb03tO3 Instituta did not accept and -.tus not officially represented, Johns--ilanvilla Corporation requested and obtained permission to 3enri a rapre-- tentative. The invitations expressly stated that "attendance -at this resting need entail no obligation*. Johns-manvilla iras represented at tho resting by the sritar of this memorandum. Approximately 250- people vers present repesenting over 50 industries vhich had accepted the invitation of the Mellon Institute. The ilellon Institute vas greatly surprised at the rtmartable response and it is uy opinion that one cannot find a batter indication of tho serious natam of tho problems it vas tho purpose of tha mooting to d 130033. I ran able to ascertain that the Llellon Institute had boon prompted to call tha meeting by representatives of the sand and glass and the refractories industries- Represen tatives of these industries conferred vith 3r. S. R. haidloin. Director of the Tnatitnta, and after- advising aim of the nature of their problem, of its vido-spread character and numerous menacing- aspects, suggested the need of sene fora of concerted action on the part of tho3o incus-trios presently or potentially involved. I understand that Ur. ?. 77. Shcrrood, Vice--President of Q-rcnn--n 1 innis Glass Company and ilr. Roger sit chins. Presi dent of the. Anarima Refractories Institute, *arcr the persons sho presented the situation to tho 71 ellon Institute. Ar . Taidlein, on behalf of tho Instituta, agreed to cooperate to tho extent of colling the nesting and having the representatives spend a day in Pittsburgh os tho guests of the Institute. Tiers Mas sous preliminary discussion as to tha possibility cf using tho ilelica Instituta as a clearing house for information and research upon aspects of tha problem coocon to all industries but dafinito ccmaitaonts ware postponed until after the holding of the meeting. An iaprossivo list cf exports specializing upon various aspects of tho dust problem attended tho meeting and j | - r - .- Tnro w '<pisyvi hjhwj nflijc^?^r-'yvv?-rrr v^ro??-1 rriypyru-tivt'.l' i t-T1 ".j t~ ' -2- delivered addresses. Among those vero Hr. A. C. Hirth, a lawyer associated vith 'Till Ians, cversnan and Jargon, Toledo, Ohio, attorneys for Owens-Illinois Glass Company; Dr-. Eugeno ?Pendergrass of the X-ray Laboratory, University Hospital, Phila delphia; Dr. A- j. Lanza, Assistant Jedical Director of the Hetropolitan Life Insurance Company; Dr. R- R. Sayers, Uedical Officer in Charge of U* S. Public Health Service; Professor Philip A* Drinker of the School of Public Health, Harrard Uni versity; 'Jr* F* Robertson Jonas, General Manager, Association of Ca.Tualty and Surety Executives; and Jr* Donald E. Cbmaitv s. Assistant Director, Saranac Laboratory for Study of Tuberculosis. The addresses delivered by these specialists, together with the open discussion that fallowed then, revealed, among other things, the very menacing character of the problem, its complex nature, the uncertainties attending most of its aspects and the necessity of sons form of united action by the afflicted Industries It 7/a3 recognised that soa aspects of the problem TTaro peculiar to special industries but it ras equally evident that othar aspects core common to all. For example, only two forms of dust, namely, freo silica, and asbestos, ars definitely known to produce disabling fibrosis of the lung. Sven in tho case of thaso bunts tho problems resulting therefrom are quito different since tho fibrosis resulting from silica is of a much more serious character th-nn that resulting from asbo3tos in that the formar predisposes to tuhercnlosis and is much more likely to have a fatal termination. On the othar hand (and this illustrates one of tho coot serious aspoct3 of the problem* that is coman toft! 1 dust producing industries) tho fact that no other dust is known to produce disability has not prevented entirely groundless claims aggregating a!IIions and even hundreds of millions of dollars being brought against industries which have no silica err asbastos dost hazard. For example. Dr. Laura pointed out that no onn had evor maintained that gypsum dust was harmful and yet, nevertheless, the gypsum industry bad suits ponding against it covering claims in excess of four uillian. dollars. It appeared that among tho problems common to all Industries varo tho following: (1) Tho aenoco of ambulaneo chasing Lawyers in combination with unscrupulous doctors. Tha uncertainties surrounding diagnosis of any of tho various forms of pnaumacoconiosls aro so cany that a quostlon of fact is presented in every caso. Expert testimony can be pro duced by both plaintiff and defendant and it is for tho Jury to docldo rhooo experts are r ,-i o vuOi. -3- correct in their interpretations. In raking thin decision, the jury is not likely to favor the opinion of tbs experts produced 07 the employer. (2) The denimbilit7 of malting various cant diseases compensable under properly drawn workmanf 3 compensation In-33. One of the speakers 3tated that "the strongest bulwark against futoro dinns tor for industry in the enactment of properly drawn occupational di3ea3e legislation". Such legislation. would (a) eliminate the Jury and empower a 'Jedical Board to pa33 upon the existence of the disease and the extent of the disability; (b) eliminate the shyster lawyer and the quack doctor since fees would be strictly limited by the lav; and (c) pemit the correct ing of initial mistakes in the caking of awards by providing for bearings to reduce or eliminate awards if proof could be adduced that the claimant was not disabled or that the extent of hi3 disability had been over estimated. (3) Problems of ventilation, dust collecting and elimination, and respiratory devices. (4) Tho establishing of standards (a) for dust counting and particla size determination, (b) for the taking of X-rays for diagnostic use, and (c) for the interpretation of the narking3 on the films so produced. At the close of the discussion a Hr. .vnriz, VicePresident of American kafractories Corporation, made a notion that Hr. Trillion P. Tact, Chairman of the meeting aopoint a nenfmr.ing committee who would nominate a group of individuals to servo as a emnitteo for the formulation of ways and means to brlm^j about effective cooperation of some character between the various industries for meeting and combating those phases of tho dust problem comon to all. This notion was carried and a nominating Ccomltto appointed which retired end upon returning presented to tho meeting the names of seven individual to act as such Committee. 3o other names having been pltcod in nomination, the following wore elected to act as tho Committa and report back to tho various industries and groups represented at tho mooting or to whoa tha invitation had been original!/ extended: ^O / --A-- 7and7er 3roxn representlrg Asbestos, Corh and Eon-hletalllc E-r. 3- D,, Raklatralla representing Chemical. Abrasives, Alloja -crd I/on-f errou3 ratals ' 2. 0- Jones representing Foundries A. 7f. uher~rocd representing Glass Sand, Ground Sand and Glass lanufactnrn A. J. Gentholts representing Iron, Steal and Ora a A. J. R_ Curtis representing Line, linostono, Cement and G7psun Roger A* Zitchins representing Refractories,Ceramics and Claps I explained to tha other renters of the Committee that I had been sent to the tea ting solely as an observer and end no authority froa Johns-^anvl lie Corporation to accept aenbership on the Committao anti certainly none froa the Asbestos Industry as a whole. I Tens urged, hoover, to roet trith the Cocnrittee. and agreed to do so on tho condition that I night sithrirn'g If~ approval, of 217 serving In that capacity should not be forthconing - I pointed out that members of the Asbestos Industry did not car to bo associated In the oinds of the public or of employees vith thuso Industries whose problem. vas silicosis and that for this reason I felt there night bo seno opposition to having- a roprosantahive of the Aabasbos Industry vartirs with them.. I did. Indicate, hotrover, that I rehllncd nrmorous aspects of ana* problem* Kero the sane and that if cooperation could be Trortced out without an unriua amount of publicity, Jchns-llanvilla Corporation and perhaps the Asbestos Industry ha a ehola, would in all livelihood bo billing to cooporate. It van the opinion of the Ccrmitteo that this condition would not present any insuparahlo difficulty. ir. Roger Hltchins, President of American Refractor ies Institute, ms undo Chairman of the Ccmalttee which held a mooting Tuesday evening after the close of the Synpositn. Ur. Eltchin3 ms designated to naot with Ur. 'Joidleim of the ilellon Institute and oah him to aaho a proposal 1a dofinlta and concrete fora as to the tmnnor in which thn He lien Institute night bo able to assist the various Industrio3 for a foa of 325,000. Then this proposal hs3 boon roceived and approved by the renters of the Comaittoo, it will bo submitted to :ho various Indus tries with the recenner.dat ion that- it be accepted and that the vnricua industries or individual corporations agree to stand good for a proportionate accunt of the fco not in excess of a definite specified sun. 0 -3- I gathered that tha proposal which tooId he nade 07-the lieilon Institute would Includo, among others, the follow- { TVT* (a) Tha compiling of a comprehensive bibliography of nT t books, treatises and publications deal ing with any aspect of tha dust problem; and the evaluation thereof. (b) Tho compiling, digesting and correlating of data and information from various subscribing Lndustrisa relative to their particular experi ences. (c) The drafting of approved workmen*s compensation legislation covering pneunonoconiosis. (d) The digesting of tho Lairs of the various states which night afreet tha operations of industries presenting a dust hazard. (a) Tho outlining of problems requiring research or the estahlishnant of fined standards arui the prevention of duplication of effort and expense along the3a lines. The intarest with which the discussions vcrre followed and tho enthusiasm which greeted the proposal for unified effort lead as to believe that the nacassary support will bo found for soma, sort of program along the abervo lines. 7U IHi 3.-C'1 ii January 13, 1935 r. .c - U r 'J / ?/