Document wbZk8oQbgj23e8MED73DVaNo

t f PLAINTIFF'S EXHIBIT NEW YORK UNIVERSITY-BE3LLEVUE MEDICAL CENTER * or ntt rotx UNTvntsrrr institute of industrial medicine Juno 12 f 1966 Mmtim( Addftf. 330 FTCT AVTNUI, NIT YOU 14. N. T. o&jgom r-noo George S, Araetrong, 34.D, Direotor lev fork University - Bellsvus Xadioal Center 5BO first Avenus lew *ork, l.T* Dsar Dootar irsutrong t As 70a s*7 know, Professor Lenin advised xm that aty appointment 'in ths University would ha terminated, and this aotion ia dua to taka plaoa on June SO* Events bara suggested to me that this and oartain prior aotiona ara related to tha feat that ay vtudiaa inrolrad disclosure of oooupational oanoar hnaards affeoting anployaea of industrial organisations that, I understand, ratainad Profasaor Lanaa at a consultant* Z an adTisad that obstructions haws baan plaoad in tha way of studios of onrironaantal oanoar hazards alsawhara, ^ien thesa have touohsd upon aoonamio interests. I bsliara it is in tha public intoroot to axplora this natter* Tor this reason, I an now writing to request s hearing. I tn confident that tha University would not knowingly endorse events of the nature lndioatad, which ara inconsistent with tha "right to seek tha truth" defined by Chanoellor Eeald as our oast priceless asset, aoocrdlng to the Aluani Bulletin far Iorenber,1954* I believe, therefore, that the University ha a a vary real interest in ascertaining tha theta in this natter, and I wish to subnit the following account ef events as they have appeared te an* Za 1949, Z aoospted Professor Lansa*s invitation to join tha faculty of lew Tork diversity and to taka responsibility for oanoar research in tha Institute of Industrial Vsdioine* Prior to that tine, I had devoted four years to oanoar reaearoh at the Booksfeller Institute, two years at the 81oaa-Xottering Institute, and had published extensively in this field* Sinoe 1949, Z have published twenty three artioles in this field (referenoes attached)* Two issues of the A.ltA* Arohives of Industrial Hygiene and Oooupationsl ICsdioine have appeared, whioh.were devoted to enviroonental, particularly oooupational,oanoer stadias either oonduoted by ne or which X was instrumental in bringing to publication from other institutions here and abroad in a Banner to the oredit of Hew Tork University* During the past seven years at the University, I have worked with a series of five part-time assistants of dootorate grade and have collaborated in reaearoh with five other soakers of the famity, in eaoh lnstanoe tangible results ensuing, as evidsnoed by the attached list of publloations* In 1960, I oonduoted, and subsequently published, s surrey of oooupational tuner studies \ r -2 - it Britain* la 1962, * served as an lasrioan delegate to theLtcs on 1-gHg 0aor bald is Loureia 'by the International Union it Canoer, In 1964, I served as ohilrasn of the Symposia*, aa Prevention at tha Sixth International Csnoer Congress in Paolo, Z mention thasa aotiritiaa aa evidenoe of energetio and creditable vork in tha flald in vfalch I m invited to aarra tha Adversity. lhan I joined tha faculty of tha an Institute of Industrial Xsdloine in 1949, I emphasized tha daairabllity of developing studio# m anriranaantal faster in long oanoar, % suggestions fbr auoh an effort in tha apaoa than svailsble to me -aara daoilnad by Fpofesaor Lanaa on gromds that other than ourrsnt studies ahoold first ba brought tosoae oanoluaion. This vaa dene, aa raoordad in publioationa referred to above, notably thoaa oonduotad by ms in oollaboration vith petroleum easpenies, and ahioh constituted tha first najor aaiantifio contribution of tha Instituta, Jo, tha fall of 1960, conversations on lung oanoar studios vara rersmd vith a bioohesd.it in tha Instituta, Profsaior Horton Hal son, vho had not previously engaged in eanoer research, I assisted ft*of, Holson in daralopoant of proposals for suoh studios, vhioh i,r agreed to ba a collaborative enterprise, I looked fbrward vith pleasure to the opportunity of pursuing studies in this field vith Professor Hai,on. Ee stated that the proposals vara of a tentative nature and vers to be sent to the dean fbr consideration, Tty subsequent inquiriaa as to progress of these proposals met vith replies that they vers under reriev by a oomittee of the aadioel oenter, finally, I learned that the fkot vae that they bad been submitted vithout y knovledge as a request for a substantial grant from the Daaon Banyan Fund vith Professor Holson nsned as tha inrevtigator, and that this grant had been made. After the grant vae received, ay Inquiries oa the subject sat vith evasive replies. Z *u, however, requested by ^rofbeear Holson to prepare a revise of literature on experimental studies of lung oanoar, I prepared sad published suoh a revise (HefHo,32), Z also prepared and published a revise of occupational factors in lung eeaoer la nan, at the request of the International Union Against Canoer (Bef. Ho, 66), Z elsewhere published ay method fbr experiaentsl production of lung oanoar, vhioh provided a technique fbr exper* laantal production of lung eeaoers of tha types eanaon la hinan oeeee of this disease (BefsHos,21A22) Z had previously published studies on the types of lung twaora oonanon in sloe (Bef.Ho.20), Z aontion these studies to document ay interest sad activity in lung oenoer, noting that Professor Holson not engaged in reeeareh in this or other fields of oanoar vork. During development of the lung oenoer program in tbs Institute, the manuscript of the revise vhioh I had boon requested to prepare for it aid vhioh set forth goals for study, vae repeatedly borreved by Professor *elscn; but I vas axoluded frcu. planning or partioipaticQ in tbs program, I brought these faots to the attention of ftrofesaor lease, to no avail. In ths fall of 1961, All personnel fbr this vork vers engaged vithout my knovledge until their appeeranoe in the laboratory, lUazxvhlle (1961 and 62), laboratory faoilitioe, aside -3- tres. qotrMr*, were withheld from ms, snd F-cfetaor Lan*23?~' daelload ay request for a tingle full-time assistant of doouorate- gradt 'hen the ahairasn of the Gunter's oanoer oanmdttae invited to apply for tech & ua under the institutional grant from the Amorlotn Oanoer 8ooiety* lo the spring of 1962, Sr* 0. P. Rhoads iirrited me to epeaJc at K^aorial Eoapital to repreaentatiTea of eigarette and oigaretto paper industries, who wished to learn of techniques available for estimating potential oaroioc^eaa in -eigarette smoke. Z deaorihed thia meeting to Profeaaors Lansa end Hal son* X fee weeks later, I was iaritad at noon to attand a Meeting at two ^olook la Prof. Leasa'a offioe at vhieh Pref. Helton presents? , to same of the eaae individuala I had Met at Kaaorial, a typed proposal, prepared without wf knowledge, for atndy of their questions vith recommendation that they trapport such atndie a through contributions to the Daaoa Runyon Tond. Professor ^elson pointed out that, sinoe both ha and Prof.Lansa vers on the board of that fond, they vert in a poaition to assure that suoh contributions eould be tunneled into the long oanoer grant, of vhieh Professor *ela on had ocaplets charge. Sinoe several individuals at this Meeting had ooae from as far avay as Horth csrolina, I eould only oonolude that the Meeting had been planned substantially in advance of-the tvo hours notice given me. - " r It the end of thia Meeting, Professor *lson informed me that he did net have experience to eqdSp hiss for thia vork, and vas therefore detaohing ay only adLatant to assist him* In ^ay 1663, I vaa requested by Profsssor Helson to prepare Material for a press release intended to raise funds for the Institute. On **7 14, 1963, this naterial appeared in the lev Tork *imea in an artiole emanating fro* a press oonfbrenoo held hy Professors l*ansa and Helson* This artiole dealt largely vith oanoer studies Z had oonduoted in collaboration vith trolem ooapsniss, and credited the vork vholly to Professor Helson. e later told me that the Times artels erediting him vith ^ vork vas a reporter's error* Z find this difficult to believe, sinoe ho vas similarly credited in an artiole in the lev Tork Post on tbs asms date* Z haw no vish for public notioe, but it would seem that Profeeaor Kelson, in addition to eeislng control of the future oanoer program of the Institute, enquired for himself orsdlt for suoh vork aa Z had done for the Institute in the past* When effort vaa begun to identify potential earoinogena in olggrette moke condensates, it beoaae apperent that techniques utilised for auoh studies vith petroleua samples were unsuitable by reason of requiring large volume of material for repeated applications to animals for periods approximating their life spans. I thereupon developed a rapid screening teat which has permitted detection-of oaroinogens within four days (efs.36*39), In the early spring of 1963, Z suggested to Professor *elsan that this rapid soresning test put us in an advantageous position to traoe oaroinogens in urbsm air and engine exhausts as well as in oigaretts smoke. I suggested that we develop studlee in this direction. Dr. Helson said that he would like to think this ever. Be shortly advisad that he had, without further oonsultatlon with os, * submitted proposals for study of air pollution problems to the Hew Tork Port Authority. Hie aotlon in this matter thus parallsled his initial action in the development of the lung oanoer program* I 4. The usefulness of the rapid tort, mentioned above, is evidenoed by oar moose aful application of it in traoing aaroinogeas in oils, tars and cigarette smoke, and by the fast that it haa boon taken up in mmy university and indnatrial laboratories, In order to derelop ay dlsoorery of this teat, I requested, in tha spring of 1964, , participation in the institutional grant than being sought by tha * Center fraa the American Canoer Society, Xjthln a few days, Profeasor Kelson informed me that ha had found it neoeasary to oanoal ay application in flavor of an application for funds for his own work, I would hers a aterils Ties indeed did I not solooae anyone sho wiahea to deTote tine and effort to the oaaoer problem, I do not, hoeeTer, beliere that a neseoaer to a field, auoh aa Profeaaor Kelson, should utilise his edminiitrative responsibilitiss in the Institute and his position as sn offioer of a Fund to exelude from, tbs field a aan with a reoord of thirteen years produotlre work in it. IT IS XT COKTSITIOH OU, WEES AX ADICEHISTSATOR ASD FUSD OFFICER KHO HAS SS7S2 EKQA.GSD IK RESEARCH IK X CITES FIELD AT3SXPT3 TO DRI7X XX ECPSSISJrCED 2K7SSTI0XT0S OUT GT THAT YIELD XXD TO XO^UZBS COHTRCL FOR EDBHF, T2E8S EXISTS X SIZUXZZOX PREJUDICIAL TO THE HSFUXXTIOK OF THE USTIIUTIOH COHDOKHQ IT XXD TO AIT FUBD TEXT XHOKIXflLT SUPPORTS H, X DAIGBROUS PHECEDSBT FOR SCXESC& IS XHBRICX XSD AX XF7R0IT TO 8CHDLAR8 S7SS7RHERK, I wish to state very olearly that I hare no aonopolistio delusions or sabitioas, sad no wish to exclude anyone fkom engaging In oaaoer researoh. I hare at all tinea stood reedy to oooperate with say indiridaals in the Institute interested in eanoer problens, I hare had no quarrel with Professor kelson's responsibilitiss as direotor of researoh for the Institute, Within that broad framework, which iarolred may types of problem, Z beliere that ay subordinate responsibilitiss in the speolal field of oaaoer researoh should have been aaoordsd the simple oourteaies which would so easily hare made for effeetlre and honorable team work, I hare repeatedly indioated this to Profeaaor Xelaoa, to so avail. It has aaaaai exceedingly ourlous that theae siaple oourteaiea hare been so notably laolrlng, Li attempting to comprehend theae erects, I reoall that, socording to sy underatanding, Profeaaor Lensa served siaoe about 1949 aa oonaultaat for a large asbe atoe opany, which I shall define for the present purpose ae Company X, In the spring of I960, madioal officers of this and other asbestos companies visited the Institute to disouas a report published by tha Chief Inspector of Factories in Great Britain indioatlng aseooiaticn of lung oeaoer with asbestosis, I stated to them that I expeoted to make a survey of oortain other occupational tuur studies in Great Britain during the ensuing summer, and oould attempt to learn something about the oases on which this report was based. -5 - Darias my work in England, I traoed 21 of the 31 than reported mm( of nrr-i-Ti rHng asbestos!e and lung oanoer, and learned that all bat 1 of tbs 31 had been employed in th* industry prior to 1932, tha year in hioh exhaust ventilation devioes had baan installed in tho plant* yielding thasa oases. Tha Senior Medical Inapootor of Factories, tha pathologist and tha plant aedioal offioar adriaad that thay fait asbaatoaia did pradiapoaa to long oanoer, bat that tha number of eaaaa of asbaatoaia and tha fulninating oonraa of indlvi&usLl eaaaa had greatly sub aided aino* installation of Tentilatlng equipment. Z transmitted their views, aapaoially their opinion that hare was a triumph of industrial hygiene, in sy report (Baf.Io.33) praaantad at a neating of tha Oanoer Prevention Oosnittaa in Yew Tork on Oot.18,1960. This seating was attended by aedioal offloors of asbestos ooapanias and by their ooaanltast, Dr* Lanza. I had not learned at that tiaa that tha praotioe of industrial sadioina, in sene quarters, oalla for obfnseating hasards for as many years as possible* Vj aantion at this Beating of what seemed an opportunity f> r prerentiTa medioine aridantly disqualified aa for reaearoh in lung oanoar, far shortly tharaafter Dp. Lanea adriaad that ha did not faal it feasible for na to go ahead with studies previously fornolated by him in a latter of August 26, 1960 for experimental assay of the potential oaroinogenieity of asbestos dust, and endorsed transfer of all lung oanoer etndiea to Vrofomoor Yelaon, who had newer worked in this or any other field of oanoer research. Sinee that tlae,Bajor deoisione r for the oanoer progran of the Zhatitote, whioh I had been brought here to develop, were mde behind ay baok, without my knowledge, and in a Banner to exolude ay pertiolpatioa. Za the following year, Profeasor Lanza apoke to ae about field atudiee of oeonpational oanoer probleaa then being oonduoted by the Yatioaal Canoer Institute of the U.8,Publio Health S^rrloe. These laoluded studies of lung oanoer aaong ohramata workers. Professor Lanaa stated that ha had been retained by a group of ohroaate oanpaniea ae a aedioal oensultant, and that in this oapaoity he had ealled upon the surgeon general and had Bade objections to these studies. Professor Lansa told as that his objections had been anoosssful, and that all field studies of industrial oanoer risks by th* Yational Oanoer Znatitut* would be terminated. Z was frankly shocked by his apparent gratification at this disruption of th* work of a responsible government agency at a tiao when it was developing data of profound laportano* to the publlo health. Z had th* very dlatlnot impression that he oearnmnioated this information to ae as a threat that he would similarly terminate my work if Z took continued inter* at in problems bearing on occupational faotore In lung oanoer. Also in 1962, the direotor of a well-known soientifio Institution, a phyiloian who hsd spent years in the study of asbestoais and other forms of pnejnooonlosia, amounoed his important dlsoovery that an industrial dust brought about oanoer in the lunge of animals inhaling it. ithin a year, Professor Lanza stated to ao that he had utilized his position on the board of that institution to force this can's resignation, and that ho had subsequently prevented this *. from getting a job in a aedioal school in California by going personally to call upon the dean of that school. Again, I had the very clear impression that this information was oonreyed at a threat to discourage me from studies in 6 .v . this field. I wish to inquire whether Dr. Lanza's trip to California me paid for by the company referred to above aa Company Z, Z understand ha was then serving as a consultant to that oompeny in oonnaotloa with a problem of another duet disease (diatcmeeeous earth pnetmooenloais) affecting workers in their California plant, a matter I will consent ,, upon further in this lstter. Meanwhile, progress in evaluation of the question of lung oenoer in relation to asbestosis had been awaiting age-adjusted statistics. These were forwarded to me in February of 1964 by ths medioal officer of a plant in England after review by a statistician aasignsd by the Xedloal Eesearch Council with their opinion that a lung canoer risk existed in this situation. Zsowing Professor Lanza's interest in this subject and his service with asbestos Company Z over here, I showed these data to him. Ee responded with what I can only desoribe as a . Tehssmnt denunciation of osnoer investigators as "trouble makers", and within a few months notified as that ay appointment in lew York Cblverslty would bo terminated* I believe this matter involves a fundamental problem of freedom of aeedemlo research. I further bellave it is pertinent to reoall that Dr. Herbert Z. Abrams, formerly chief of the Bureau of Adult Health, State of Calilbmia, published, in the Hay 1964 issue of the imerieen ( Journal of Fubllo Health, an aeoount of the diatomaoeous earth pneumo coniosis problem mentioned above as affeotlng a plant operated by Company Z in California. Dr. Abrams' artlole indicates that, although many workers fii California had died from this disease, the matter was allowed to drift along for twenty years until the International Ohamioal Yorksrs Union wen a strike to gain recognition for the preeenoe of a hazard. Yorkers of ths Canadian affiliate of this same company also found it neoossary to strike fbr better industrial hygiene conditions la asbestos operations. These men wore also fighting for their health sad their very lives against a preventable disease, but, according to adrloe given me, these workers were beaten up by police, prieote who supported their cause were tranafered elsewhere, and the editorial staff of the Jesuit journal that had spoken out for thorn was broken up. To this list is about to be added the firing of a professor at How York University by Dr. Uut, who served as a consultant to the above oampany in connection with the strikes in California and Canada. I reoall that whan Z began researoh in industrial osnoer hazards a distinguished scientist predicted that pretexts would be found to block my work as well as to wreok the program, of the national Canoer Institute in the same field. Both events have ooourred. Many oanoer investigators now believe"that the most praotieal direction open today for prevention of many forms of this disease depends upon identification and control of environmental aouroee of exposure to canoor-incitiag agents, many of which are now known. I appreciate the need to oenduot studios of potential industrial and environmental canoer hazards in a manner avoiding undue publlo alarm or unjustifiable olaims for workmen's compensation. Ia my work s Cf. Ee solutions, iota Unic* Internet, oontre le Cancer ZI, Ho.l, 72-78, 1966. * / % _ 7' m* - - -' ' ' I ~" wit" patroletna companies, I hare had the opportunity to learn how problama In thii field can be aired through inoara study and effort, Zhay eannot ba aolred by driring soientlst* out of thalr laboratories. At tbs reoent 01xth International Oanoar Contra gs* it was observed that same of tho scat aotira soiontists la this flald had baan drlran out of thalr laboratoriaa soon aftar describing findings bearing on oanoar hazards of Industrial origin* 2 the hearing requested in this present latter, our tfairerslty has the opportunity to add to this roster of obstructions to adranoe of knowledge, or to take a stand for better things* Much good ean be anticipated from clarifying this natter* American industry leads the world in support of solentlfio re searoh* I firmly bailers that leaders of industry, if assured of the opportunities open to them fbr control of atrrironaontal canoer hazards, will foster effbrts in this field with renewed rigor* Very sinoerely yours. r William K* Smith, X.D. Associate Fpofesaor of Industrial Ifsdlolne ooi The Chancellor