Document dQmr6L8Br2wYVjxNYBokaakLq

>* 'HW Alfred 0. tilth PLAINTIFFS 1 EXHIBIT <T>_ 0 "IQ ViUUM, *wr*tt A Morgan TOALtEtoDrOnrss; b Tbia meeting baa been oolled to provide offcoted industries with an opportunity ox discussing a ooamoa problem and^of considering ways and aaana of solving It* I have been advised that It is * family Mitiu in wbloh v# any call n vpadi by Its rl|htful mm with ths aaauxanea that as will not ho quoted in tbo pMu or aloonboro. X do not for a alnuta pratand to ho gn expert on Billoosla, X aa far too nsar horns to make any auob pretension. Movever, for tha laat two years, X have devoted ay entire tine to the various aspect a of the silicosis problem. This has included the trial of oases, the formulation of legislation, supervision of oormotive engineering and the setting up of adequate nedloal prograns to safeguard both employees and employers. The eaperlenoo X have gained in this work hae brought me a realisation of tbs enormous proportion of industry's problem in so far as its dust hasard is concerned, that nbloh nae a rather disturbing possibility three years ago, hae nod beoone a grim reality and one that requires oonoertod and veil directed action. If X oan leave that single thought with you. X viU foal that my efforts have been veil spent and hope that in doing an X trill have rendered you aoae eervioo, a. Ooldberg of Oolumbia, states that lbs importanoe of dust as e faotor in occupational mortality has attracted the attention of every authority on occupational diseases from Baaessinl to Blr Thomas Oliver. It requires no extended consideration to prove that human health is muoh influenced by the oharaoter of tbo air breathed and that is purity le a matter of vary considerable sanitary and eooaomio importance. Aside from the risk of enbsure to so-called air-borne dieeaeee, the pollution of the atmoepnare by organic and inorganic duete la unquaetlonably the onus* of a vaet amount of illhealth and premature mortality, ohlofly among men and vomen engaged in the nnny indispensable trades and occupations that minister to human needs. The sanitary dangers of air contaminated by diseasebreeding germs are possibly not so menacing as generally assumed, while the destructive effects of the dust-laden atmosphere of fac tories and work-shops ars a dsoldsdly serious nsnooo 10 bseltb and lifo.* S P i t Lm i 1 l Disability resulting from the inhalation of any of these 2 various dusts may result la liability on tbs part of the employer, the extent of vhioh is now being demonctrated by the epidemic of .f allloosls oases. Tbs serious situation la which industry finds it- <- self is a result of our look of knowledge of tbs extent and even of the existence of the hasard and the means vhioh should have been employed to remove it, X oannot feel that industry should be oalled upon to pay tbs bill. My feelings, however, are unimportant in view of the very definite notions to the contrary entertained by most juries. Tew m rt " r l 0 * * , t 4 tfcc O rlftlfM l H ovM In |he C w flC fi* M . ll. n U r l . e n i l f A rchive*. TM rapid ipiud of tbN omii la sufficiently'eerious' to present a question of national laportaaoe. It la tbi purposeof this nesting to discuss this problem intelligently, find out where we are and where ws are going fron here. You will he addressed hr individuals who are everts in the particular phase of the problea whioh they will present, X will oonflne nr paper to a general ploture of tbs ontlrs situation, ny thought helag that the teehnioal papers oan be followed wore easily if you have a general background first. In treating teohaloal 91sat ions, X shall try to do so in nontechnical language, X will not atteuot to give a oolentifloally sound treatise on the subject, hut as X have already said, will oottent ayaelf in giving you a rough ploture. There way he industries represented here whioh do not use any free silica in their process and aost of ay remarks will be directed to slllooals whioh so far as we know ie oaused solely by the inhalation of free sllioa. The principles involved, however, are squally applicable to all dusts. The disability, if any, resulting from other dusts mar'vary la in tensity and in oharaotsr, hut fundanantal ly, the problea nil he the eaae. For the sake of ooaveaieaoe, X will present the problea in sections. First in order he "Sllleosis, Xte Cause and Kffeot Second, 'The Basle of Employer Liability"; third. The Legislative Aspect,* end fourth, **ae Slialaatloa of the Baser**, gttlMtll. l BffHl There are Innumerable dusts whioh find their way into the human-lung resulting in varying degrees of harm. The general tera ^neuaonoooniosis* is applicable to all dusty langs irrespective of the oharaotsr of the particular dust Inhaled ant Is the Greek tera for 'dusty lungs1,' The deleterious effect of the inhalation of dust me well known to the anelonts, Pliny (B; 0; 83), the poet: Luoratlue ( 8. 0. 96). Faraoelsus (1534); Agrloola (1556) ,aaA nnny ethers were wo impressed by it that they wentioned it in their writings. Agrloola states that it was not unoomcon to find wonen in the ainlng districts who had married seven tiaos and thore were no divorcee in thoso days. The Oolorado aihors have for years referred to cer tain duet producing air drills as "widoo tankers1, it was not, how - ever, until very recently. about 1918. that worthwhile reeearoh and olinleal work were undertaken. Tne appalling effects of aineral duet on the workers in the gold mining dlelriots of the Band, 8outh. Afrioa, stlsulated and initiated a world-wide study and reeearoh in silloosle, culminating in the International Oonferonoe on Silieosis; hold in Johannesburg la 1930. The general field of pneuaonoeonioela is divided late > nuaeroue smaller fields depending on the oharaotsr of the dust = finding its nay into the lungs. Thus, wo have anthraeosle. re- / suiting froa the inhalation of hard ootl duet, asbestosls froa ^ asbestos dust, slderosle froa iron duet, and nuaeroue other olaesi- * w floations. The ohief concern of induotry is centered around slllooai? resulting froa the inhalation of silica dust, because it is this dust that causes disability. Of the various esse X have referred to, wo are now advised that asbestos!* ie perhaps the only one in addit ion to silicosis whioh ie disabling. Xt nay he that in the future r j i'.v'ilW- i.* c } e CWti/V Thj. C jq ty To Rc A Tr*e af>|t R ion Cooy o f A t O d |lM l Home lit the C o n t|le M c llm University A fc M v tl. s shall find othor disabling duet diseases, we oob oonfine our attention to alllooele. for a bottar understanding of tbo problea,' It night bo noil to oonslder vary briefly and nonteohnlcolly the proooss froa which this diooaee rosuite. All air coatoine a oertaln quantity of silioo dust. As e natter of fact, about sixty per oost of tbs earth's oruet is oonpoeod of silioo. A baby os yong as elovoa days old will have sons oinute silica deposit in its ldngs and the nomal city dsellsr sill during his lifetime aoouaulats In his lungs nillions of portiolos of dust which. however, mil not in any way disable him. So it will be soon that the nero oxposure to, and inhalation of sllioa dust does not nsoassarily result in tbo contraction of eilioosis. Tbs huann lung and its various defensive organlens are oo constructed that only very ainute portiolee of dust oan gain en trance to the air aoce of tbo lung. Vo are only oonoornsd with particles sufficiently snail in slse to gain such entrance, m no oaee can euob partioloe be larger than ten aiorons in their longest dlnonsion. Msdioal eoienoe Is reasonably well eatiefied that aoet of tbo particloe causing bora are loss than three nierone in tholr longest diaonsioa. A nlcxon la 1/85,000 of an inoh so it is quite possible that the haraful duet any be invisible. Zn addition to tbo also of tbs portiolos, the dust to be ' barnful oust be of a suffiolent concentration, whiofa is neasurod by the amber of particloe contained in a oubio foot of air. Author ities have stated that a concentration of five sillion particles of free silica lees than ten nierone in siso is n*t bnmful, and that any greater concentration oonstltutos a hasard. Or. Bo i eliniere has deeoribed the physioal proooss so simply and olearly that 1 shall borrow hie ideas in presenting it to you. Vbsn those ainute portiolee of duet enter the air aaos of the lung, they are soon onveloped by pbagooytes whose function it is to renove then froa the air eoo and carry then into the sewage systoa of the lung. These vehioles travel along the highways and byways of the lyaphatlo systoa attenpting to roaoh tholr proper destination outeido the lung proper. Xnroute there ore lynph nodes or aggregations of lynpboid tlssueo or oells which act as traffic oops, allowing sooc of the vehioles to oontlnue to their destinations but holding up others. The arrivals nay he groater than the depart ures resulting in a vorltabls trafflo jaa at thoss places. This will occur more readily if the lynph nodos haws by previous ii>fectlons, such as early tuberoulosls, beooas filled, calcified, or fibrosed, then these duet cells beaono lodged la the lynph spaces, nature engulfs then in a fibrous tissue. As sore and acre duet beoooss collected, tbs fibrous tissue increases in density and oftor sufficient dust is inhaled, those fibrous tissues will increate even though no additional duet any find its way into the lung, fibrous tissue oorroeponde very nearly to scar tisane and as it beoooee oore costive. the lung loses its elasticity and boooaes rigid. Tbs resulting condition is sillooelt. i< ' >>c a^<ww< Ii f. A w * CrriiTy T h i. Copy Tn S r A T rr tm i fU nn Copy o f the O rigin*! I I m jm In Ike r .r w u .c M e llo n ' U n ive rsity A rcfclw * In the Interest of aiupllcity. X *111 tifir to tho TtfW oui phases of tha disease itself, by reference to tho original Aasrlesa Kodloo-legal olaesifloatlon of let, Sad and 3rd stages. The Xat atago ooeura wboro tho disease ia la It a lafanoy aad If tha ooployee^ls renewed froo tha haKurd, it will aot progress aad ao disability la Involved. Tha 2nd and 3rd stages are mob Ban developed and oa? rcault la a raal disability. It either of tbaaa stages haa been reaohod. the reaoval of the nan fro* tha haaaid will usually not obook tha progreaa of tha disease, nor la It au^ joct to any satisfactory troatnoat, third stage oaaea are very frequently fatal and eoaetlaoe tha Individual dies in tha 2nd atage without over hawing roadbed tha 3rd. Death, however, uaually results froo aoos other oo^llcat ion. Beoauae or tbs foot that tha lyaph or sewage ayotaoa of tha lunge are largely blocked off and rendered Inert by their deposited alllon duet and soar tissue, tha lungs are no longer able to ooAat Infection. Tha noat ooncon lung Infcot Ion la tuberculosis whiob la oontraotad by nany sillootlos and la tho looadlato eauae of their death, although it nay fairly be eald that ware ft not for the pre-existing slllooaie, tha ttiharouloala vttld 'not haws been oentraoted. It la important that na all appreolate tho oorlouaaaaa of the situation with whiob we are faced. Bllloosle to a wary real allaftut and at the present tlce preeenta our neatest Industrial hasard which, if aot properly controlled, will result la tha financial aula of nany ooftpaales* At tho present tine, there are pending eases la this oountry In whloh dnnagee asked for aggregate.jar In exooaa of $50.000.000.00. In South Afrloa 155,000,000*00 was paid to Sm oot lo olalaaata In one year and It ia now ofetlnated that oaa-flfth of tha total cost of producing gold la tbat?araa.ooaslate In the payaent of alllooala olalaa. Tho posalbilltlos of an cpldealo of elllooolo olalaa la vary well illustrated la one of our large Industrial oentere. The litigation in that olty le alaoet entirely lathe hands of two lawyers. During the year 1933, one of tbeee lawyers le eald to have received in fees froa theso oases, the sun of #100,000.00. aad was not required to try any great nudber of theft. Be still has pending in hi a filaa sons flva hundred additional olalaa whloh have not yat boon settled. Beoouss of this flood of pncuaonooonloala oases, aftployara generally have oone to regard this sort of litigation as a bracket* with this feeling, X aa vary ouch in ayspathy.* There can he no doubt that shystar lawyers have solloltod literally hundreds of aa ployaaa to bring notions of this kind. In. nany of whloh there ia not the slightest trace of Injury, These saae lawyers, with the assistance of their twin brothers In Iniquity, tha quack doctors, have prosocuted sons of these oases to successful conclusions aad havo foroed others to unoonsolonnhle aattlaweiita. However, these foots and the use of this label aust not lead you to believe that you are dealing with a situation In whloh tho fraudulent eases oan be defended on tho grounds of blag a raoket V p or i& which there eaabe bo tea* fide omoi with tttmlirt liability. Such an attitude of Blad la highly daagarouo. there are Wm fide oaaaa la ahloh tha plaint Iffa ara represented by lawyers of ability and integrity and In vfaloh there nay ar^sajf not ho liability depending upon tha particular foots of Pull irf IT,QW ^111*7 Xn o general nay it any ho aald that liability in thaao oaaea nay orlae under the dootrlnoa of tha oomko law, under tha statutes wbioh hare been passed in the various states to protoot tha health of employees or under tbs provisions Of hortesn'o ooapansation and occupational disease sots. The oonaon law consists of those principles end rules of aotlon ahloh froa tWa to tlas havdbeen adopted and acted on hy tbs courts whan adalnlstaring justice la aaaaa net governed hy any written law. One of tha prlnolplee eetobllahed hy the oourts under tho ooaam law la that whloh roqulres soployors to furnlah thalx oaployaaa with a xeaaonably safe place in which to work. Orglnally, this dootrlne applied only to tha safe-guarding of Bocblnery and appllanooa froa whin aooldentel Injury night occur. It has now bean broadened, however, aa aa to Inolurto anything whloh nay ha injurious to tho ooployeoe* health. It la tha failure on tha port of tho enployer to provide a reasonably oof# plaoe to wort whloh gives rise, at oonaon law, to liability in cilioeslt oases. Whether the enployer should be hold liable for injuries to his enpleyee's health resulting froa failure to provide a reason ably safe place to work depends on dietber the oaployer bad know ledge of the exlatenoe of such danger, or whether, In the exerolee of reasonable core, he should have bad suoh knowledge. The dangers of aeny wanufaeturing prooeseee to the health of worknen have bean a natter of ooooon knowledge ae long as industry has been in exist ence. The dangers of other mnifooturlng prooeseee, bowevor, have not been well known for very long, and this laek of knowledge should weigh heavily in favor of the enployer in determining whether he has provided reasonable protection for hie sag>loysea. It ie a defense whloh wo oan strongly urge, but one upon which wo oonnot too strongly rely. Aseuaing that enployers should have known of tha dangerous ebaraetor of oertaln duets, the auction etlll rsaalne aa to whether reasonable protection against such dangers has been provided. This is a question of foot ordinarily for the determination of the jury. The various protective devioes and equlpnent which have been adopted by the Industrie# generally, or hy a particular industry, furnlah bom evidenoe as to whether a given plant or factory la a reason ably safe place to work. this evidenoe ia not conclusive, however, since an entire industry my he hold to have been negligent. Enoh oase suet stand or fall on lte own foots, a plaoe whloh would he regarded ae reason ably safe when tho basord was unknown or little understood would I I ie 9a*> | X ? & i m x i l * * C s I < 18085317030 V/ <MUnr teRoMrti* F-13B T-M f~UU9 i> <x> x iA-Si To Sr A Tnir .oil hari rnrw f ikr Or IWnut IlntiM la IW rw |k Mellon Untverihy AWS. be to considered after tbe baser* had teoc known to the enploys* ./ poor*a!amlhlyeuhoah that ha excused should have known It. fey your put aeta f Xn ether words, yea might omission hot theea days f eye gone forever. ^* Liability Phdar Itatetaa In aany otatee, atatutaa have haaa adopted prescribing cer tain doTioaa and methods for tba protaetioa of eaployeee from daa- fere arising froa tbe Inhalation of duet, failure to ooafora to . haaa atatutaa la negligenoe aa a natter of lav, and if it be shown that the disability ooqplalned of *aa a diroot xeailt of auoh nag- llgenoe, plaintiff vary probably will reoover judgeomt. Tba atatutaa of the various atataa differ greatly In de tail, and 1 eball not attempt to enuearato them. 0*nerally apeaking, they include one or aore of tbe following provisions requiring: tbe lnatallation of duat eliminating equipment; tba providing of approved respirators; tbe furnishing or working Slothing for em ployees; the examination of eanloyeea monthly by a pbyaloian; tbe furniabiag of dressing rooms, lavatories, hot and oold ahowera, and varloua other toilet facilities; tba whitewashing of tbe inside of plaata aad faotorlea, ate. It la perfectly apparent that stay of these provision's ware not intended to be and abould not be applied to plants pro ducing those duata whloh are oapable only of producing slliooala as opposed to thoee duata whloh are la themselves generally regarded aa poiaonoua. Zt la against tba lattar duat that may of tbeaa w proviaiou are designed to afford protootlon. Votwithataadlng thia fact, in a number ox recent ailiooale oaeee the Jury were pemitted to oonsider any violation of theee statute* in determining whether or not the employer had bean guilty of negligence. Thie preeenta a highly hasardooa situation. If a Jury finds that tbe employer baa been guilty of some negligence, they probably will go further and find that tbe injury complained of le a diroot roeult of euob negligence: and the finding will be sustained by tbe court if there le bobs evidence In support of it, even though there be strong evidence to tba contrary. Each of you abould detemlne What atatutaa and state regu lations any govern your operations so far aa protection of employees from the doloterloue effecte of duat ora concerned, and the greatest care should bs exercised in eonfomlng hereto, to avoid placing yourselves in ths situation Z have Just described. ^ Liability Under Compensation and Occupa*<g"ftl jflaenic lots Workmen's compensation acts generally are doaigned to provide compensation for employees nbo have suffered accidental Injury, Xn a very few states, booause of the terminology used in tbe acts, they have been oonetrued broadly enough to include elllooeie. Xn addition to workmen's compensation note, sons states have adopted w disease acts ebiob in principle ore very oloeely analogous to tbe compensation note, but whloh provide for ooopeneation either for occupational dleeaeos generally or for oooupational diseases specifi cally nosed in the acts, suoh as anthrax, lead poisoning and many others. t Certify TJil. <*t> 1 : ' In thr ra rn rrit M rlion Univcrelly A itM n ti. Some of tbooo statutes include elllcoels se on occupational, disease. At tbe present tloa , I believe that la Oallforniaj Maryland, Connecticut, Massachusetts, lorth Dakota, Viaooaala and the District of Coluwtola, allleoala la compensable altbar under the workmen's compensation act or uadar tha oooupattonal dlaaaaa aot. In several atataa, to 111a ora no* pending to moke alllooala companaatola uadar oaa or tbo otbar at thooa acta. tha Legislative Aapeot. Legislation of thla oharaotar la ttoa atrongaat bulwark you can orract against future dlaaatar. Xt baa toeen rooouaandad toy ttoa League of latlona and baa bean adopted toy aa&y of the great induetrlnl countrtaa. In our oountry, Congress baa Voxy Halted Jowers in dealing with thla problea and the Individual atataa have aan woefully lacking In ooplng with the eltuatlon and X oannot urge too atrongly that you give your aot ire support to proparly drawn toiiia seeking to aaka alllooala ooqpanaanla. In s&d sany of bar doalnlona which have bad ex tensive experience with alllooala and kindred dlaaaaea the dlsatollltlea have bean aada oocpeneable under oooupattonal dlaaaaa aota and tbe ayatan generally baa been vary eueceoeful. Under auob acta the vloloua eltuatlon with wbloh wa are now faced, tbo filing of tbouaanda of aotlone for daaagaa by adbulanoe-obaslng lawyers would toe largely. If not entirely eliminated. Tbe abyatar lawyer will foment litigation only ao long aa be will reoelve a substantial portion of tha recovery. As soon aa hla fee toaoomaa a negligible quantity, tbon, and then only. wlll hla interest ocaao. Under nany of tbe better drawn ooqpeneatlon acta, legal foot are atrlotly limited. Tbe elimination of large legal foea la a real benefit to tbe employee. Under properly drawn compensation aota. tha Injured aan or hla dependants are those who receive the benefits, not tha lawyers and expert witnesses used In tha proeeoutlon of the oaaa. This benefit la also ahared by tbe employer. Litigation of thla oharaotar la vary expansive. In a recant oaaa triad In Vest Virginia for slllcosla, the trial lasted for eight weeks and resulted in a disagreement by tbe jury, thereby necessitating a repetition of tba whole proceaa. Tbe expanaa of trial In one oaaa with which X aa somewhat familiar waa in oxceea of $35,000.00 and tha oaaa waa toe where there waa ao liability. Under ooapensatlon acta tba compensation la payable in inatallaenti. In many oaaee, If It la found that tbo award was un warranted. tba claimant any be re-ox&alned and hla coupaneat ion any bo reduced or discontinued. This, of course, would not be possible if the case were tried to a Jury, < Tbe value of thla portioular feature it ratbar well illustrated by an incident which occurred Inst summer, A negro brought a claim against a allloa ooopany alleging permanent total disability from slllcosla. Hie oaaa was investigated by the em ployer' e ineuraaoe oarrior and It woe their oonoluslon that settlement of $3,500.00 ehould be made. Any euch substantial aattloaont must nave been baaed upon their oonviotion that the case t* fW v s t M nm r let ifcr Pim rpac M ellon U niversity Archive* pretented a reel disability and * real liability, the claim* adjustor vent to tbo rssldenoe of the olalcoat and eeoorted his down to the office of the insurance coopany to reoelve his obeek. On tbs way dcra the claimant was so distressed by shortness of breath and general debility that be found it neeess-wry to stop several tines in eaoh blook for a rest. Be presented what appeared to be a son in tbs throes of a aortal ailment. Bs reoeived bis cheok and sons seeks afterward the olaloant partlolpatod in a baseball game in whioh hie batting reoord oonsleted of a bone run, tea triples, tno doubles,and three etolen baeee. leedleee to say, bad this non been receiving workman's compensation, bit award would have been promptly dlsoontlnusd. In sons states tbs defendant in a lawsuit does not have tho right to a physical exanlnatlon of tbs plaintiff, whereas under workmen's compensation, note this right would be granted. In oaeee of the kind with whioh we are here oonoorned, tble la of t$a great est importance in view of the faot that without the use of 2-ray it le impossible to determine a plaintiff's real oondltion; nor is the defendant safe in relaying on X-ray plates produoed by the plain tiff. The technique of taking an X-ray photograph in silicosis cases must be followed with tbs greatest oars or the photograph will not show the true oondltion. It le possible for skillful X-ray operators to take X-ray photographs in such a way as to almulate a alllootlc oondltion whereas In reality no auoh condition actually exists. What 1s even wore Important than the advantages upon riileh I have briefly caanented, le the elimination of lay juries from cases of this kind. We are not bare dealing with the type of in jury which the jury oan visualise and understand, such ae a broken leg, but with a very oomplex lung oondltion whioh le not understood even by the oodlool profession generally. tTen after aoae experience may ooepetent doctors are inoopable of accurately diagnosing a sllloosla oaae. Uuch of the evidonoe la these cases oonelaits in the testi mony of aadioal exporta. In all cases you will find that a sharp conflict will exist between the plaintiff's experts and those of the defendant. Tbolr test loony will not only be oonfllotlng but will bo in such fora and couched in such language as to bo wholly unintslllglblo to tbs jury and often to tbo oourt. That a jury oan weigh such testloony and ooae to a oorroot oonolusioa is cost laprobabla, *' i < , j '* ***" In compensation oasos tbe bearing is hod beforo ooamise- lonors or a aodicol board, who in tins will bocooe auffloiontly familiar with tbe subject to onable them to arrive at a reasonably correct conclusion; whoroas, in jury oaeos, eaob case is tried before a now jury, who have no information on the subject at all. It core is t&kon in tbo drafting of a componentlonlaw. tbe proper moohincry eon be sot up to minimise tbe possibility of recovery in fraudulent cas*s. will not be fool-proof, but it will be a step in tbe right direct ion and will untioatoly prove its worth both to employer and employee. j F ! \ ; We Cnif Ti Cr*>, T o Hr A T o - otH F>..n Pomr o f iM O ri.io.1 lloute In ihe C n - r - M ellon U o lv e /lily A te M n t*. 10065317030 (Ml ihsr CsSoMrti* F-130 T-S09 P-012 HBt 28 ' 10i40 rj. ^<'' ^ The difficulties enoountered in trying etMi of this kind to a J't* i vara very veil Illustrated in i recent e^se wherein the plMctlfz wae cupluyel by the defendant cocunny, which u engaged in ths Tuhverlssr; of sllien. He brought suit, alleging total ruid^pemount disability resulting frtn silicosis. The reeord in this case oewere over n thousand printed pages. The defendent produced as witnesses the aost out standing experts in the oountry in tbs field of duet, inong then were Professor Drinker of Harvard. Dr. lugene P. Pendergrass, Sr, Frederick Betjer, Dr. frederiok Vlllson, and others whose opinions on this aubjeot have been generally aooepted. The testinony oonolusively showed that the defendant had taken every possible precaution for the protection of its worknen against dust, that it had Installed the latest and aost approved type of dust-arresting aaoblnery, and had furnished the worknen without charge, the aost efficient respirators available whloh they trr* oonpelisd to wear under pe.vlty of discharge. Dr. PendrrgxabC, one of the outstanding Roentgenologists in the oountry and an authority on lung pathology resulting fToa the inhalation of dust, desorlbed in dstall to the jury the cardinal points froa whioh it Bight be dsterainsd whether or not a person wars suffering froa silloosls. He presented an X-ray photograph of the plaintiff'e ling to the Jury and desorlbed it ae a normal healthy lung, pointing out in the minutest detail why it oould not be said to be elllootle. He coapared this photo graph with the photograph of a lung which was sllicotle and pointed out the charooterletio differences between these two lungs. His testimony was corrobotattd by other experts of unquestioned re putation. In ay opinion no reasonable ann, having eny adequate information oonoerning this problem oould possibly have found either that tbe olaiaant bad slllooals or that the defindant had beta guilty of any negligence. lotwltbstanding this foot, tbe jury brought in a verdlot against the defendant for H0,060.00. That suoh a verdict was entirely unwarranted was borne out by tbe action of tbe Circuit Oourt of Appeals, whloh set it aside and dlreoted that judgement be entered in favor of the defsrdant, on the theory that no negllgenoe had. been shown, Zf ths defendant in thi sense bad been guilty of negligence and its sold dofenae hod consisted in proof that ths plaintiff aid not havs silicosis, it is probabls that tbs Court of Appeals would not havs reversed the Judgement of ths lower court. the most important single item in your elllooels problem is the tiln.-nation of the dust hazard. I suggest that eaob of you '.promt a 8i)icosis Committea who shall be oharged with the responsibility of deallng with your problea. Tbe personnel of suoh a Cooalttee should be composed of responsible executives. Their work will require tbe exercise of sound judge ment and will involve a very considerable amount of money. They should adopt a problea suitable to your individual needs and ass that it is oarrled out In detail. This progroa should include an i 06 imi n*r WNtatmi r-wu l>n 4ti a* i;4l . >' v. . .**. r . *. ' A; aoourato determination of the exlstanoe of duet bboards demonktrpied *** * by the taking of duct oouats) tbo iutilUtlM of atofiatk '' most to remove tbo basard where possible. and tbo boo or Approved - reoporatgrt vboro reaovnl of tbo bust* lo act possible; tbo mi* tonaaoo of nodlool supervision of osployeoo inoluding X-ray oxaola- at ion bofore onploynent aad periodically thereafter; tbo fostering of proper legislation; tbo Investigation of lave portiaont to ym* ' operations and upon vbloh a obargo of aegligeaoe might bo booed. .AH of tbooo activities.should bo carried on.by t broodyloo of bouaool * eo that you any bo euro that 'you one oottlylag with tbo lava of your otato, and that tbo facto of your situation any bo oo aoesubled aad rooordod la ouob a naiyaor .tbat Jboy >olU bo:of tbo greateft value in ovont of `a futyyo^lNr null* .u* jL'-* ''* '* '\ ` : juot a word iDoaooroing tha.tfefsnaa.of olltooolo oui^a. . - : 1 Tbeoe base* are peculiar unto.tbenoelvr.fend adequate defense not bo node' [unless your qouaqoI baa-a thorough- kaowlodgW obdjap^ro,-- * Capy o f the Original Room In Ih* Carnegie Melton Uoivcrahy Archive!. A TVw and ( m t *! v a w*w*g a*na *4 <oi rxw - yvpv vw- tbo defendant for .0*4 Very ^areasDn.riifhiC'.i etrued aa.'derpgatofy.: Id aaiy^tynoa oftbe^ord. One can hardly bo blaaod fof not. having learned Vhat one 41d not know existed. lor 0a lXaoakeoonf-teopUohp"ly--twri^th-s*^*^*o^t'oae h*--te--a---l-t-^--l-l-U---adluitlvt of ><#< dofenoe tbo anover lo emphatically,.__ ____ ___ ________ other* to bring suit aad'pyorldeo oapulanos.^hasiag^l&Ayfo argumente and.poaey to/.see that theydoy*.Bear la mind that la moot - of tbeoe eaeds, plalntiffe oounool receives fifty par oorrt of tbo gpcooo reoovery, whioVi*-$h* paot'Juio;besumoUnt'endb&hfeoaont' to solicit, juji flnaaMtibot.>oaooflyatfjr..* t* -a- '..`-V . Ivs s-ty-'C;. , \X know that invitations -ta this aeetlng were Vs*/largely oent to trade associations or group# of induotrloo whoroln a duet ;s hasard does of may exlot. Shave no present way of knowing wbloh or bow many of tbo lnvltod Induotrloo are represented hero today or the eitn: or degreo of Interest wb.'.jh those Induotrloo nay hove in thl`o pvoblen, but tbo largo att.rvx-jace lndloatoa a eonsidexeVZ* Lxiroet, wMob lo very.timely vnder- existing oon- dltlono. < .f-u. i *.. . . v* : V ;* : Thai-e lo a grfat maos of modioal-Information ini tbe'bands of many pooxie. end muob re searoh lo being done in many plaoes, but eo fax as * know, it lo not being eerrelated or ooordlaatod abb' there la nr dcs^utg'or pr.ttonal rooognleud set of ruloa. li.inl-cl* Xu^j;,iirk la being dona in many plasec and along lines dJ pre/enting^ ox at loaet mlnlmlslug tbo In various lnduetnee, but again, tbir# is now no central oloaxlng bouse -- no pluoc wboretboee things oan be oee^ tabledstudied and perhaps made later into doflnlto aad rooogulsod standards. ... fi I w l -- BH* * M,r ** C bw To * A Ttoe M4 Rim i Cry ( f Cm O H |h il Hn n In ik t Cb m | I i Mellon IM v o n h y V A_"*a< F Logialotlon la balng atta^ptadbyamll grpupo.la twrloua looolitloa with lndlffexant auooeaa ud parhina of linropo* ohoractar, onl tba Boat mohioij thing ahould not bo loft llkaTcnav. oho Jaa ground*, but ahouldJto awfully oadokUlfullr plaaoad. Induatry oa a obola boa llttla, if aay, oonoaptloo of tba osteal nationally. of. thla damage Mlt rooket, and no knowledge oa t o there it will newt atrlk* -- ond anfry inadequate dffease agaiaet It. Tbero la no ono^idot where oil information uogttble vary grata throat 00a ba'anda available to all. Industrie* and to tba govenwul and to the people. Induatry auat erganlae in Ita own defeat#.ond oooporata together, both in.safeguarding isveeted orupital and-in protecting tba Uvao ond baaltb cdhtboaf employed*- fhif .and good buainaaa. (. . - > > In oloalngf lat me urge again that 4 eliminate the iotereet-.of .tba aabulanoo-ohqe:* auna mil not be paid .gut for duet disease 3 of claimanta who have.-po dlaaaaa. And, of to tba nelfow of our people,- industry obi ordar ao that, tba haaasd.of duat dladoaao oa la humanly poeelblei** *- r.flftw.* > . " tx; *#. V .: t? . *., -X . .nr s. i! Ve*'-* Wi-. ** i- t V t'e *d .<1 ior vi ..rtatoe* i-Ti's; . . Wily ; -..-fcrn t 4`atta-. ___.* \rt;-/****