Document YrX8wRv9YKBD4YndYxvXwrg00

-- Jokns-Manville -- Twenty-Two East Forticth.Street January 22, 1935 Mr. it. 7. Judd, Secretary, Raybestos-Kanhattan, Inc., Bridgeport, Conn. Re: Mellon Institute of Industrial Research Symposium on Dust Problems Dear Mr. Judd: As I indicated to you over the telephone this afternoon, I an enclosing a copy of a memorandum I prepared for Hr. Lewis H. Brown regarding my trip to Pittsburgh last Tuesday,. January 15th, to attend the Symposium on Dust Problems held under the auspices of the Mellon Institute of Industrial Research. Very truly yours, VB:T Enclosure 'tt&ZO E35 Vandiver Brown ' Attorney v FMSI--0001 .0032:17 17) L, hjd 1-22-35 Letter to Judd eliminate the jury.max ,'N&W icasoEiinm bs:- hellos ihstiiuse or i733ttstrt.it. : BESE4BCH SUSPOSna OH DOST -------__------ _PRQ3LSS - PITTS377BGB- Jig. 15. IQS? . ; . - On or about December 12, 1934 the Bellon Institute -of Industrial- Research adcreased letters to aoae 85 Industries ; haTing Indus trial disease problems inviting th.es to attend a - seeting `to be held under the auspices of the Institute on the ' O h 15th day of January. One of these Invitations was recelred by :~i the Asbestos Institute and, although the Asbestos Institute did not'&ceept and was not officially represented, Jofans-Hacville Corporation requested end obtained permission to:send a repreh^V sentstire,''The 'Invitations expressly stated tint attendance V; -at-.this meeting need entail no obligation** .1 -S*' .... . - '> was represented at : the aeetlng by' h/C-the- srlter of this memorandum. Approximately 250 people were :'h.< present rapeseating over 50 Industries which had accepted the . : .-^Invitation of the. Bellon Institute. .She Bellon Institute was r<lreetly surprised at the remarkable response -and It is my' opinion that one cannot-find a better indication of the serious natnre of the problems it was the purpose of 'tha aeetlng to . ^'/'diseusa.-^ h. --,, y f.-, - ' I ,/ ' VI was able to ascertain that the Bellon Institute ., 7 -'had been prompted to call the meeting by'representatives of - 7 '. ' the sand and glass and the refractories Industries* . Hepresen- -./'. v tatiTes of these Industries conferred'with Er*- E. B. Weidlein, Director of'the Institute, and after advising bin of the nature .:"- '.7'7 of their problem, of Its wide-spread character and numerous mesadag aspects, suggested the need-of same form of concerted '. action on the part of those industries presently or potentially . ' .' ;J - .. - Involved* I understand that' Hr* P*- 7. Sherwood, Tlce-Presldent ! ' n+ Ommw -Tn-f wf 07*.* C.T^j>!iy Presi-- *" .r-<> dent of- -.the Aaericsa :^efrctoriea-institute,-were^tbe persons' .'-presented the situation to-the Bellon Institute. Er. - . . " 'y--17eidlem,-on behalf of -the "Institute, -agreed -to cooperate to - v 'the'extent of calling' the meeting and having-the representatives `;r.T7- ' ' 77:spend, a day In Pittsburgh as the guests of- the Institute* ' There . - - "7/. '- . s sane discussion as to the possibility of using . . /;;7 -theBellon Institute as a clearing boose for Infanaatlon and - . . V . : research upon aspects of the problem common'to.ell Industries ; . :7 ; " ; n-f-t-mmrrt.K were postponed until after.,the holding ' ..- 7 .-of the 'meeting**._/ 77 - ~'-.7 ' 7 ' "' '' `' /'' -'' .*> An Impressive list of experts, spedsillxlng upon ' . . _ ' ' " various "aspects of i the dust' problem attended the neeting .and PLAINTIFFS EXHIBIT -G:C524g ` 9^ R'^f 1-22-35 Letter to Judd eliminate the jury.max T delivered Addresses* Among these were Er. A. C. Eirth, a lawyer Associated with. 1.71 Teas, Zversaan and Korgan, Toledo, Ohio, attorneys for Owens-Illinois Glass Company; Dr* Eugene P. Pendergrass or the X-ray Laboratory, University Hospital, Phila delphia; Ur* X* J* Una, Assistant Medical Director of the Metropolitan LiTe Insurance Company; Dr. R.R. Sayers, Medical . orficer In Charge or U* S* Public Health Servicej Preressor Philip A* Drinker or the School or Public Eealth, Harvard Uni varsity; Mr* T* Robertson Jones, General Manager, Association or Casualty and Surety Executives; and Hr* Donald E* Cummings, Assistant Director, Saranac Laboratory for Study oT Tuberculosis. - The addresses delivered by . these!specialists, -together with the open discussion that Tallowed then, revealed-, among other things, the very menacing character of the problem, its complex nature, -the-uncertainties attending most or its aspects and the . necessity oT some Tarn oT'united action by.-the afflicted Industries. It was recognized that some aspects of. the problem . - were peculiar - to special industries hut it was equally evident that-other-aspects .were common to all*- Tor example, only tro - forsr af dust, naaely, free silica and asbestos^ are definitely -kaowaTto produce disabling fibrosis of the lung* - Sven in the case of these dusts the problems respiting therefrom are quite . different since the fibrosis resulting from silica is of a much ' more iserloos -character -than that -resulting from-asbestos in that the~former predisposes to tuberculosis end is snch more likely to have a fatal termination* -On the other-hand (and-this illustrates one-of the most serious aspects of the problem- that .is' common to *vt dust producing industries) the fact that no ether dust is to prodnee-disability-has not prevented entirely groundless fi*. arjrreeatiEBC -millions and even hundreds of of. dollars being brought against industries which have no silica or asbestos dust hazard. Tor -example. Dr* Lanza pointed out that no- ay* Yia .ewer maintained that gypsum dust was. harmful and yet, nevertheless, the gyp sna industry had suits pending against it covering clalms-dn. excess of four million dollars* . . . . 7 : -. ' :it appeared -that the 'problems canon to all industries- were idle -following! . - ; ' (1) The menace.of asbulance- chasing lawyers in combination -with unscrupulous doctors* - The - uncertainties surrounding diagnosis of any of the various forms of pneumonocoaiosis are ' '-. -7fsb; ussy.-that a..question of fact -is - presented '"-.-in- every-case*;..Expert testimony can be pro-- .. ' dnead-.by both plaintiff and .defendant-and it is-for tha ^ury.-to decide whose experts are 0052.19 1-22-35 Letter to Judd eliminate the jury.max ' correct Is their Interpretations* In . - ' . this decision, the Jury Is sot likely to fawor . the opinion of the experts produced by the esployer* ; -,r.: /. \ (2) The desirability of various dost . . -. diseases coapeaseble under properly dram / workae*s compensation laws* . One of the - . . speakers stated that *the strangest bulwark ,. ': : against future disaster for Industry Is the . .. > \\ enaetaent of properly draan occupational -' : disease legislation** - Soch legislation sould ; . (e) ellnlnate the Jury end- empower a liwdlcet ; . Board to pass upon the existence of the . . . .: dlsease aad .the extent of the disability; . ' . . (b) ellnlnate the shyster laeyar and the . ' quack doctor fees would he strictly .. . by the -Lav; and (c) pemit the correct : . i-ng of initial Mistakes In the asking of : awards by prorldlag for hearings to reduce c ' or eliminate aaards If proof, could be adduced - that the claimant was not disabled or that- " -the extent'of his disability had been orer-- \ . .. . ~'restimated*- . ' -1 v:-. -V (3) Probleus -of. ycitliatldn, dust coll acting and ' - ; elimination, end respiratory devices* ` :' y .. (1) The establishing of-standards (a) for dust - .'- . ' counting end particle else deteralnation, - 0 . ..: ' (b) for the taking of X-rays for diagnostic use,end (e) for the Interpretation of the ` ... . . ;V. .-:V markings ..on the films .so produced, - - ^ ' . . ..` y . = .' T' * '. Vlt the' dose of the discussion a Mr* Xartr,' Tice- President of American BefTactories Corporation, made a nation that It. Willies P* That, Chairman of the meeting appoint a nominating coanittee who would nominate a group of indlTidaals to sere* as a comalttee for the formulation of says and neass to brix# about effective cooperation of aone character between the warioos lainstrles for *--cad eoabatlng those phases of the dust problem common to all* ' This notion was carried m-ntf a Coanittee appointed which retired and upon presented-to.-the meetlzg-the names of seven individuals to act as aueh Coaslttee* ' Bo other naaes hawing been placed in the following were elected to act as the Crwarittae and report back to the warlous industries end groups represented at the meeting or to whom the invitation had been originally 1-22-35 Letter to Judd eliminate the jury.max 005^,20 ' ' "'4-- . ; I" . ^ .v Vandiver Bron representing Asbestos, Cork and Ion-Metallic Ur. 3*. 3* Heklatrails representing Chemical* Abrasives, Alloys . and Mon-ferrous aetals E* 0* Jones representing Foundries .- .. A* V. Hhervoad representing Glass Sand, Ground Sand and Glass : Manufacture ` ; A- J Gentholts representing Iron, Steed, and Ores V. % .*s V- ; "X, J* B*. Curtis representing Lime,- Lineetone,. -Cement end' ' " Syy:;: 'VX*.ojp: rl.. r1 .'.Soger/A* Eltsins representing HeflractcartesjCerintles and _ .Claps 'Jti-.'.' * ~- I explained, to'.^theathan nesbara eif the'Committee^ that-X bad been sent to the neetlng eolely. as, an -obeerrer and . ' had no authority from-Johna-Manrille Corporation to accept .-. membership an. the Coamlttee and certainly 'none iron the Asbestos Industry as.. a'mole* - I -eas urged, -however,* toaect with the Corns!ttee and- agreed to do so on the condition that I sight ... .. withdraw if- approval or sy serving in that capacity should not be-forthcoming. I pc&ated oat that mesfcers-of the1 Asbestos Industry did not care to be associated in the- minds of the public or of employees mtth those industries whose problem eras silicosis and that for this reason X fait-there might bm-some opposition to hating? a. representstire of the Asbestos Industry, varidjjg with them* -T-l -did,indicate,. bowereg, that Z realized numerous aspects of our problem mere the same and that If cooperation could be worked out without an undue amount of pobllcjty,. JnhmT-tfrnville Corporation and perhaps me Asbestos Industry hae mole, would is all likelihood be rilling to. cooperated ~Xt mas the opinion' of the Coessittee that this -condition mould' not-^present ax^r * ; ' 1smpyahle-8dliticnl^r*-^,?.:.i;>'.v;T:;'i.*i-*gr.' - * ; ' " , ' * gr Boger^Hitchlns;- `President of American Refractor-- las Institute, eas aade Qialrman of the Committee mieh held a meeting Tuesday evening after the dose of the Symposium* lr* Cltchlns sas designated to neat with Kr* Meidleln of the Mellon Institute and ash him to make a .proposal la definite and concrete font as -to the manner la which the Mellon Institute might be able -to assist the various industries for a fee 'of $25,000. . ih*w this proposal has been received and approved by the Bejabers of the Coenibteer~it will be submitted to the various industries with the recommendation -that- lt.be aeeepted and that the various industries or individual corporations agree to stand good far a prap<TF--f nrm-fr.j amount, of-the fee not la excess* of a definite specified stou \ . . ; : 005221 1-22-35 Letter to Judd eliminate the jury.max Vi. N. * ... *-- -*.** -V ." ` ' *. ' - "is *^5KiTi! : . -" I gathered that the-propbsal which weald be nada-- '. ' by the gallon, mstltata would include, aaong others* the follow ing*. ' ' - .. .- - --. I (aX'E* complliagctf a coaprrtmitw bibliography - ' ; : or all books, treatises *ad publications deal-; ! :~;.lag with, any: aspeet or the dost problea; and -. i the' evalnatiaa: thereof*. ~ - '-.-T- - - .- - .. . -V . . '*'*# k'J- (Ti) TTie rnw^TTTng. iITjmtTmr and correlating of data and inforaation froa. various subscribing v;_ - r'; Industries relative to- their particular, experl--' (c) The drafting of. appro-red - wortesaa* s' compensation legislation covering pneanonocanlosis^- (d) The digesting, of the laws of the various states 1 : J. which sight afTeet the operations of industries ;; presenting: a dnst-haard-'*?.v.-.- : >! V (o)-The outlining of probless "requiring research. . - > . - or -the- estehllshsent of fixed standards and. . t.-. :'' the prevention of duplication of effort and ; expense along these Tines*. . - She Interest with which the dlscssslons were followed- and the eathaslass which greeted the proposal far-cniiled effort lead ae to believe that the necessary support will he found- for sort of prograa along- the; above, lines*-., v.: -TA3DIV3E. BROWS- ' . . * ; Janaarr. 18,. 1935 -" ' .....................MW 1-22-35 Letter to Judd eliminate the jury.max T 005222 1 J1 ny jijay-uM