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NEW YORK UNIVERSITY-BELLEVUE MEDICAL CENTER OF NSW YORK UNIVERSITY INSTITUTE OF INDUSTRIAL MEDICINE 325 EAST 38TH STREET NEW YORK 16. N.Y. <77 FIRST AVENUE. NEW YORK 16. N.Y. TMURRAY HILL 9-1580 June 28, 1954 DEPOSITION* EXHIBIT Professor A* J. Lanza Chairman, Institute of Industrial Medicine Hew York University - Bellevue Medical Center Sir; In 1949 I accepted your invitation to take re sponsibility for cancer studies in the Institute of Industrial Medicine* Since that date I have published, or have in preparation, twenty papers in the field of cancer research (references attached). Two issues of the A.M.A*Archives of Industrial Hygiene and Occupational Medicine have appeared whiehwere devoted to environmaiial, particularly occupational, cancer studies either conducted by me or which I was instrumental in bringing to publication from other institutions here and abroad in a manner standing to the credit of New York University. You have, however elected to transfer responsibility for the cancer program of the Institute to Dr, Norton Nelson, who has not previously engaged in cancer research. I believe this matter involves Issues prejudicial to the reputation of the University and that these issues there fore merit detailed consideration. When I Joined your staff, I emphasized the desirability of developing studies on environmental factors in lung cancer. During my first year here, my suggestions for activating such an effort in the space then available to me were declined on grounds that other then-current studies should first be brought to some conclusion. This was done, as recorded in publications referred to above, notably those conducted by me in collaboration with the Standard Oil Company (N.J.) and affiliates, which constituted the first major scientific contribution of the Institute* In the fall of 1950 conversations were resumed on studies of lung cancer and I assisted Dr. Nelson in developr-.ont of proposals for such studies, which were agreed to be a collaborative enterprise. I looked for ward with pleasure to the opportunity of pursuing studies in this field in association with Dr. Nelson. He stated that the proposals were of a tenative nature and were to c V TOTAL P.06 be sent to the dean for consideration. My subsequent inquiries as to progress of these proposals met with replies that they were under review by a committee of the medical center. Finally, I learned that the actual fact was that they had been submitted as a request for a substantial grant from the Damon Runyon Fund with Dr. Nelson named as sole investigator, and that this grant had been made. After the grant was received, my inquiries on the subject met with evasive replies. I was, however, requested to prepare a review of the literature on experimental studies of lung cancer. I prepared and published such a review (Ref. No. 32). I also prepared and published a review of occupational factors in lung cancer in man (Ref. No. 35). I elsewhere published my method for experimental production of lung cancer, which stands as the only reliable technique available today for experimental production of lung cancers of the types common in human cases of this-disease (Refs. Nos. 21 and 22). I had previously published studies on the types of lung tumors common in mice (Ref. No. 20). I mention these various studies to document my interest and activity in the study of lung cancer. During development of the lung cancer program, the manuscript of the review, which I had been requested to prepare for it and which set forth goals for 3tudy, was repeatedly borrowed by Dr. Nelson; but I was excluded from planning or participation in the program. I brought these facts to your attention, to no avail, in the fall of 1951. All personnel for this work was engaged without my knowledge until their appearance in the laboratory. Meanwhile (1951 and 1952), laboratory facilities, aside from animal quarters, were withheld from me, and you de clined my request for a single full-time assistant of doctorate grade when the chairman of the Center's Cancer Committee invited me to apply for such a man under the institutional grant to the Center from the American Cancer Society. In the spring of 1952, Dr. C. P. Rhoads. Invited me to speak at Memorial Hospital to representatives of cigarette and cigarette paper industries, who wished to learn of methods available for estimating potential carcinogens in cigarette smoke. I described this meeting to you. A few weeks later, I was Invited at noon to attend a meeting at two oclock in your office at which Dr. Nelson presented, to some of the same individuals I had met at Memorial, a typed proposal, prepared at your request and without my knowledge, for study of their questions with recommendation that they support such -3 studies through contributions to the Damon Runyon Fund, Dr, Nelson pointed out that, since both you and he were on che hoard of that fund, you were in a position to guarantee that such contributions would be funneled into the lung cancer grant, of which Dr. Nelson had complete charge. Since several individuals at this meeting had come from as far away as North Carolina, I could only conclude that the meeting was planned substantially in advance of the two hours notice given me. At the end of this meeting. Dr. Nelson advised me that he did not feel qualified to do the work himself,and was therefore detaching my only assistant (part-time). Dr. Kuschner, to handle all lung cancer studies under his (Dr. Nelson's) direction. Dr. Nelson further stated that he intended to take charge, without my participation, of studies of lung cancer contemplated by the Standard Oil Company, with whom I had worked as chief investigator for the past five years. I want to say here that I have the highest regard and warmest friendship for my former associate. Dr. Kuschner. In May 1953, I was requested to prepare material for a press release intended to raise funds for the Institute. On May 14, 1953 this material appeared in the New York Times in an article emanating from a press conference held r by yourself and Dr. Nelson. This article delt largely with results of the cancer program I had conducted in collaboration with the Standard Oil Company, and credited the work wholly to Dr. Nelson. He later told me that the Times article crediting him with my work was a reporter's error. I find this difficult to believe, since ho was similarly credited in an article in the New York Post on the same date. I have no wish for public notice, but I must conclude that Dr. Nelson, in addition to seizing complete control of the future cancer program of the Institute, also wishes to acquire for himself credit for such work as I have done in the past. When effort was begun to identify potential carcinogens in cigarette smoke condensates, it became apparent that techniques utilized for such studies with petroleum samples were unsuitable by reason of requiring large volumes of material for repeated applications to animals over periods approximating a year. I thereupon developed a screening test which has permitted evaluation of re lative carcinogenic potencies of petroleum and coal tar derivatives within four days, and which we are'-now utilizing to trace active fractions In cigarette smoke condensates. In the early spring of 1953, I suggested to Dr. Nelson that this screening test put us in an advanta geous position to trace carcinogens in urban air and engine -4- exhaust samples with reference to the possible role of air pollution in lung cancer. I suggested that we develop studies in this direction. Dr. Nelson said that he would like to think this over. Within a few weeks, he advised that he had, without further consultation with me, sub mitted proposals for study of air pollution problems to the New York Port Authority. His action in this matter thus paralleled his initial action in the development of the lung cancer program. The screening test referred to above has given very promising results on a variety of species including man, as described in publications in the spring of 1954 (Ref. Nos. 36,39,40). In order to develop this new finding, I requested, as you knew,participation in the institutional grant now being requested by the Center from the American Cancer Society. On June 18, 1954, Dr. Nelson informed me that he had cancelled my application and had substituted an application for funds for his own work. This action seems utterly unnecessary, since the two applications were not mutually exclusive and both could have been made. I would have a sterile view indeed did I not welcome anyone who wishes to devote time and effort to the cancer problem. I do not, however, believe that a newcomer to a field, such as Dr. Nelson, should be allowed to utilize his administrative responsibilities in the Institute and his position as an officer of the Damon Runyon Fund to exclude from the field a man, such as myself, with a record of over ten years productive work in it. IT IS MY CONTENTION THAT, WHEN AN ADMINISTRATOR.AND FUND OFFICER WHO HAS NEVER ENGAGED IN RESEARCH IN A GIVEN FIELD ATTEMPTS TO DRIVE AN EXPERIENCED INVESTIGATOR OUT .OF THAT FIELD IN ORDER TO SEIZE CONTROL FOR HIMSELF, THERE EXISTS A SITUATION PREJUDICIAL TO THE REPUTATION OF THE INSTITUTION CONDONING IT AND TO ANY FUND THAT KNOWINGLY SUPPORTS IT. IT IS MY FURTHER CONTENTION THAT, WHEN AN ADMINISTRATIVE OFFICER OF THIS UNIVERSITY AND AN OFFICER OF A FUND IS PER MITTED AND ENCOURAGED TO SWINDLE AN EXPERIENCED INVESTIOATOR AND TO DISPOSE OF HIM AS AN INFERIOR BREED OF HIRED HELP, THERE EXISTS A DANGEROUS PRECEDENT FOR SCIENCE IN AMERICA AND AN AFFRONT TO SCHOLARS EVERYWHERE. I wish to state very clearly that I have no mono polistic delusions or ambitions, and no wish to exclude anyone from engaging in cancer research. I have' at all times stood ready to cooperate to the best of ray ability with any individuals in the Institute interested in cancer -5- problems. I cannot, however, effectively serve the University for the purpose for which I accepted my appointment when the major decisions for cancer studies in the Institute are made behind my back, without my knowledge, and in a manner designed to exclude my participation. You invited me here to take responsibilities for cancer studies in the Institute, I CLAIM THAT MY ATTACHED BIOGRAPHY AND LIST OF PUBLICATIONS AFFORD AMPLE EVIDENCE OF ENERGETIC AND CREDITABLE WORK IN THIS FIELD FOR THE INSTITUTE. DURING MY FIVE YEARS HERE, I HAVE HAD THE PLEASURE OF WORKING WITH FIVE PART-TIME ASSISTANTS OF DOCTORATE GRADE. I TAKE PARTICULAR PRIDE IN NOTING THAT IN EACH OF THESE FIVE INSTANCES THE COLLABORATION HAS PRODUCED TANGIBLE AND CREDITABLE RESULTS (REF. NOS. 25, 26,36,37,38,40,41). I CLAIM THAT I HAVE EARNED THE OPPORTUNITY TO SERVE THE UNIVERSITY IN THE PURPOSE FOR WHICH YOU INVITED ME HERE. I have no quarrel with Dr. Nelson's responsibilities as director of research for the Institute. Within that broad framework, which involves many types of problems, I believe that my subordinate responsibilities in the special field of cancer research should have been accorded the simple courtesies which would so easily have made for effective and honorable team work. I have repeatedly indicated this to Dr. Nelson, to no avail. I wish to learn why these simple courtesies have been so noticeably lacking, and why my facilities have been sabotaged. I recall that in 1952 you stated to me that you had been retained by a chemical firm as a medical consultant, that in this capacity you had lobbied in Washington for discontinuation of all field studies of occupational tumor problems by the National Cancer Institute, an agency of the United States Government, and you claimed personally to have set in motion the procedure by which those studies were stopped at a time when they were developing data of profound Importance for the public health. I wish to learn if you accepted a fee for this service to the chemical firm that engaged you. I understand that you have served as a medical con sultant to an asbestos manufacturer. As you are aware, the existence of a lung cancer hazard for asbestos workers has been argued for some years. When I recently showed you a letter containing data analysed by a prominent statistician who concluded that a lung cancer hazard did in fact exist for workers in that industry, your only -6 response was a vehement denunciation of cancer in vestigators as "troublemakers". I wish to learn if you played any role in preventing publication of these data. When the director of the Saranac Laboratory, who had spent years in the study of asbestosis and other forms of pneumoconiosis, discovered that an industrial dust caused cancer in the lungs of animals inhaling it, and when he applied for a grant to pursue his studies, then, in the summer of 1953, you stated to me in the presence of Dr. Goldstein and Dr. Nelson that you utilized your position on the board of the Damon Runyon Fund to reject his application, that you utilized your position on the board of the Saranac Laboratory to force his resignation, that you claimed to have subsequently prevented him from getting a job in a medical school in California by going personally to call upon the dean of that school. I wish to inquire who paid for your trip to California. It is my understand ing that an occupational dust disease involving the health of many hundreds of workers exists in California, and that you were retained as a consultant for that problem. It would appear that your service'included your action in preventing one of the country's leading authorities on dust diseases from obtaining an appointment in a medical school out there. I wish to learn whether you accepted a fee for this service. I recognize that a large part of industrial medical practice involves protection of employers against claims for compensation. I QUESTION THE PROPRIETY OP ACCEPTING OBLIGATIONS TO TERMINATE THE WORK OF A GOVERNMENT AGENCY AND TO ASSASSINATE SCIENTIFIC INVESTIGATORS. I WISH TO LEARN WHETHER YOU HAVE BEEN UNDER SUCH OBLIGATION TO AN INDUSTRIAL ORGANIZATION TO PREVENT MY PARTICIPATION IN STUDIES OF LUNG CANCER. It cannot fail to be noted that the director of the Saranac Laboratory lost his job within a year after announcing' his fundamental discovery that lung cancer could result in animals after inhalation of beryllium compounds. It cannot fail to be noted that the director of the government project you took "credit" for wrecking lost an earlier job in an industrial laboratory very shortly after making one of the major discoveries accom plished in cancer research in the United States, namely the demonstration that beta-naphthylamine can cause bladder cancer, this in a factory where he claims 200 men have died of that disease. It cannot fail to be noted that after my publication on industrial cancer problems, I was excluded in your Institute from participation in lung cancer studies, a field in which I had conducted investigations since 1943* It cannot fail to be noted that my facilities for other work were hampered, and a curtain descended upon my participation in development of the scientific and financial progress of the Institute, I recall that when I began industrial cancer research, a distinguished scientist predicted that pretexts would be found to block my work as well as to wreck the program of the National Cancer Institute in the same field, and warned me that "It would be only a matter of time before my throat was cut." I do not believe that the situation implied by his attitude or the events detailed in this letter are desired by any industrial organizations with whom I have been associated, certainly not by the Standard Oil Company (N.J.) or its affiliates. I do not believe that any sub stantial elements in American industry wish to block progres In cancer research. Nor do I believe that students of the problem share your view, often expressed to me, that "cancer investigators are troublemakers" and that "all the talk about chemical causes of cancer will blow over." After more than ten years of work and study in the cancer field, I am convinced that the most practical direction open today for genuine prevention of many forms of this disease depends upon identification of environmental sources of exposure to cancer-inciting agents, and upon .development of reasonable and feasible measures for minimizing such exposures. I attempted to summarize this approach, in a lecture given in 1948 and subsequently published as the introductory article to the Proceedings of the Cancer Prevention Committee (A.M.A. Archives of Industrial Hygiene and Occupational Medicine, 1952, 5; 187 - 189). As an American delegate to the Symposium on Lung Cancer, sponsored by WHO - UNESCO in Louvain in 1952, I was charged with formulating concepts for Identification and prevention of occupational lung cancer hazards (Ref. No. 35). As .chairman of the Committee on Cancer Prevention, International Union Against Cancer, and as chairman of the standing Committee on Environmental Factors, National Lung Cancer Conference, I feel that It is my duty to call upon leaders in Industrial medicine and management to recognize the opportunities open to them to participate in the control of cancer hazards and to foster efforts in this field. I BELIEVE THAT THE MATTERS DETAILED IN THIS LETTER ARE OF SUFFICIENT IMPORT TO THE UNIVERSITY AND TO THE PUBLIC HEALTH TO MERIT STUDY BY A BOARD OF REVIEW. I hereby request that such a study be made at a time mutally satisfactory to the parties concerned, noting that I am obliged to leave New York on July 19 to conduct a Symposium on Cancer Prevention comprising two of the days of the Sixth International Cancer Congress In Brazil, I wish to conclude by saying that I appreciate the need to conduct studies of potential Industrial and environ mental cancer hazards in a manner avoiding undue public alarm or unjustifiable claims for compensation. May I also emphasize that I seek no advancement, I seek only the opportunity to serve the University in the purpose for which I was invited to join the faculty in 1949, Very truly yours. William E. Smith, M.D.Associate Professor of Industrial Medicine cc: The Chancellor The President, The University Council The Chairman,Board of Trustees,New York UniversityBellevue Medical Center The Director, New York University-Bellevue Medical Center The Dean, Post-Graduate Medical School Cancer Committee,New York University-Bellevue Medical Center Professors R. E, Eckardt, N. Nelson, R. C. Page List of publications 1'F William E< Smith .1 Smith, W. E,, "Isolation of pleuropneumonia-lile (L) organisms from men". (abstract) J. Pact, 1942, !, 832. Dienes, L., and Smith, Vc E., "Relationship of pleurcpneumonialike (L) organisms to infections cf human genital tract..1' Free. See. Exp. Eiol. and Med., 1942, 10, 99-101. 3. Dienes, L, and Smith, V. E, "Reproduction of bacteria from the large bodies cf B,, funduliformis." Proc. Soc. Exp. Biol, and Med., 1942, J31, 297-298,. 4c Smith, Vc E., "Bacteroides Infections." (abstract) J. Bact. 1943, 54. 5. Dienes, L., end Smith, V. E., "Chromatin structures suggesting a nuclear apparatus in the large bodies of B. funduliformis." Free. See, Exp. Biol, and Med., 1943, H, 195-196. 6c Smith, V. E,, McCall, R., and Blais. T., "Facteroides infections of the central nervous system." Annals Int. Med., 1944, 20, 920-932. 7. Ballenger, J., Schall, L., and Smith, W. E., "Baeteroides meningitis; teport of a case with recovery." Annals Otcl. Rhin. end Laiyn., 1943, 52, 895-901. 8. Dienes, L, and Smith, V. E., "The significance of pieomorphiem in baeteroides strains." J. Beet., 1944, 48, 125-153* 9c Smith, V. E., and Popes, M., "Baeteroides infections; ar. analysis based on a review of the literature and a study of twenty cases." Rev Eng. J_ Med., 1945, 212, 31-37- -2- 10. Hershey, F. and Smith, V. E., "Generalized vaccinia in an eczematous child; demonstration of virus and comment on "Kaposi's varicelliform eruption." Am. J. Dis. Child., 1945* 69 33-36. 11. Rous, P., end Smith, V. E., "The neoplastic potentialities of mouse embryo tissues. I. The findings vith skin of C strain embryos trans planted to adult animals. J. Exp. Med., 1945, 81, 597-620. 12. Smith, V. E. and Rous, P., "The neoplastic potentialities of mouse embryo tissues. II. Contributory experiments: results vith the skin of C3H and Webster-Swiss embryos; general considerations." J. Exp. Ked., 1945, 81, 621-646. 13. Smith, V. E., and Rous, P., "The neoplastic potentialities of trans planted embryo tissues." Cancer Research, 1946, 6, 500. 14. Dienes, L. and Smith, V. E., "Studies of the incidence and pathogeni city of pleuropneuroonia-like organisms in humans." J. Clin. Invest., 1946, 2, 911-912. 15. Smith, V. E., "The neoplastic potentialities of mouse embryo tissues. III. The tumors elicited from gastric epithelium." J. Exp. Med., 1947, 85. 459-47S. 16. Dienes, L., Ropes, M. V., Smith, V. E., Madoff, S., and Bauer, V., "The role of pl6urcpaeumonia-like organisms in genitourinary and joint diseases." New Eng. J. Med., 1948, 233, 509-515; 563-567. 17. Smith, V. E., Kidd, J. G., and Rous, P., "Recovery and disappearance of the rabbit papilloma virus from the carcinomas that originate from papilloma colls.* .231 Acta Dnic International, contra Cancrun, 1948, 6, -3~ IS, Smith, V* E., Sillier, J., and Mudd, S., "Electron micrograph studies of two strains of pleuropneumonia--like (L) organisms of human derivation." J. Baetc, 1948, ^6, 589-601. 19- Smith, V. E., Mudd, S., and Hillier, J., "L-type variation and bacterial reproduction by large bodies as seen in electron micrograph studies of E. funduliformis, " J- Sect;., 1948, 56, 603 618. 20. Smith, V. E., and Rous, P-, "The neoplastic potentialities of mouse embryo tissues, IV, Lung adenomas in baby mice as result of prenatal exposure to urethane." J. Exp, Med., 1948, 88, 529-554. 21. Smith, V, E., "The tissue transplant technique es a means of testing materials for carcinogenic action." Cancer Research, 1949, 2j 712-723. 22. Smith, V. E., "The neoplastic potentialities of mouse embryo tissues. V. The tumors elicited with methylcholanthrene from pulmonary epithelium." J. Exp. Med., 1950, 21, 87-104. 23. Smith, V. E., Sunderland, D. A., and Sugiura, K., "Experimental analysis of the carcinogenic activity of certain petroleum products." Acta Unio International, contra Cancrum, 1950, T. (1) * 173-175. 24. Smith, V. E., and Sunderland, D. A., "Responses of mice to carcinogenic derivatives of petroleum." Cancer Research, 1951, 11, 281. 25- Page, R. C, Smith, V. E., et al, "Symposium on a cancer control program for high belling catalytically cracked oils." A. M. A. Arch. Indust. Rygc &. Occup. Med., 1951, 4., 297-345. Refer to Smith et al, Experimental Analysis," pp. 299-314. 26. Sunderland, D. A., Smith, V, E., and Sugiura, K., "The pathology and growth behavior of experimental tumors induced by certain petroleum products." Cancer, 1951, 4, 1232-1245- c,- : * ^ -f. " r . i \z< v `, . ' oi 'the mx- i- .re;*.- : : * I. Props.?: t: * *-76.%-: v. :: oc*.r :- * LJ-* ^ v/icxogics./ wj Tiiv hi: :. .. *_ r cP C i j \ k C 5._ c ; 1, II. Serological 15 heir gs.,! J. Exp. toed . 1952. 5?'* 159-174- Smith, V. E.. nBr/irccareer progvar. ci iiv Institute of indu^i-i-ini Kodici.vs. \cv Icri iji.5.ersitj belle ruf; K -.v'.csJ Corrovu*.. Act;; Undo Inie-: tionai oent.-n Aar.cm;. 1953, IX(No.2), 414-415. Stitt. V, Z. (siltor) ocseri/i-gs cf the Ctr'ce-- Fre'sC-hiior. Cor;' A. K. A. Arch- Indust. Eyg. & Oecup. Mee,, 1952. Vol. 5, No. 3- Smith- Vs E, f ''Purpose and program of the Cancer Prevention Committee. As K. A. Arch. Induat. Kyg, & Occup. Med., 195?- j5> 187-1S9'; Smith. V. "Lung cancer with special reference to experimental aepectBs" A. M. A. Arch. Indxiso Hyg- & Occup- Med. 1952, 5_, 209-217 Smith, V. E., "Survey of soa-v current British m:d European studies of 1 -fr- - ; X > x : v. y ^ splsr/ur hie ores-inti* car: <r mice, r Bull. New York Acad. Med., 1953, 2, 583-585. cancer of the lungs. K Acta Unic International, contra Cancrum 1953, IX (No. 3), /76-484. 4 Vo. Siich, V. ., ('coper, Id, and V T-dex, .; "Elclogitai t.s;.'C> or fractions derived iron cigarette sracka cvndersnooc. " Cancer Research4 1954, Proceedings, p. 45. 37. Eno.-.dc, Cd F., Enith, V. Ed, Cooper, N., :.nd Sullivan, ?. Id. nEs rly chr.ngss in the shine of sevaiel species, including u-r.r., efi-sr pr-intir g vitb c-.rciinogenic 2.-terio.` e.'' CcoiCe-r Renorr. . 1954, Proceedings, p.40. 33. Lbjy, L.T., Hearer Jr., J., Kuscnrer, Ji. red frith, 4. .. ''Properties cf high codling p3t::olerri pre dusts. Mi-the dr. for reuceixir carcinogenicity." Laiurtrial mga neering Ohccdslry, ir. press. 39. frith, y. ., 'l. rapid biologic:..! test correlatin 2 with evt-sino-gonicity.1' Eurl. Nev York Acad. Kec., ir. press. 40. Sr.ioh, K. . a.c Soko.loff, L., "Expenno-til gtodies on *Jic enr-sinogenicity of sons cutting cils'd It preporrtic:;. 41. &aith, V. id. Orris, 1.. end Sunderland, L., "f:;w-:ution of skin tjirnrs by a karri sr e.-s.-js r.nd by war. hang cf sice* expos 3d to a carcinogenic oil." In prepar-aticr:.