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RACE CONSERVATION— THE CONSERVATION OF HUMAN
LIFE AND EFFICIENCY— THE DEPARTMENT OF
HEALTH AND THE SO-CALLED LEAGUE
OF MEDICAL FREEDOM

SPEECH
OF

HON. ROBERT L. OWEN
O F

O K L A H O M A

IN THE

SENATE OF THE UNITED STATES

FRIDAY, JUNE 23, 1911

-D

W ASH IN G T O N

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Of

S P E E C II
OF

I I ON. E O B E K T

L.

OWEN.

Tlie Senate having under consideration the hill H. R. 4412—

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Mr. OWEN said:
Mr. P k e s i d e n t : For many years various efforts Have been
made to establish a department of health of the United States,
and during the last year both Houses of Congress have been
considering this question, and the most overwhelming evidence
has been submitted in the Senate and House hearings justifying
the establishment of such department. There has arisen in
opposition to the department of health an organized movement
resisting the establishment of the department, under a socalled League of Medical Freedom, on the alleged ground that
it would promote one school of medicine over another school of
medicine and invade the rights of the States and of individual
citizens.
I introduced at the beginning of the present session Senate
bill No. 1, providing for the establishment of a department of
health, which did not place the head of that department in the
Cabinet, but which expressly provided against any possible
invasion of State or of individual rights and against any dis­
crimination for or against any so-called system or school of
medicine.
Mr. President, I am entirely opposed to promoting one school
of medicine over another school of medicine. M purpose in
urging a department of public health has been to establish a
department of human conservation—educational rather than
regulative—which should deal with the matter from an educa­
tional standpoint, so as to make effective and efficient the
knowledge which we are slowly acquiring with regard to the
preservation of human life.
And the preservation of human life does not deal primarily
with the curing of a man after he is desperately sick. It
should not be regarded as a science devoted to the cure of
bubonic plague after bubonic pleague has been established in
the human organism. It should not deal with the question of
tuberculosis after it has been contracted, but it should deal
with this terrible disease by preventive means. The important
point is to prevent it—not to merely cure it. These diseases
are easy to prevent, but almost impossible to cure.
A department of human conservation—called, for convenience,
a department of health—wouldjiaturally deal with instructing
the people of the United States in well-ascertained facts with
regard to sanitary engineering, sanitary construction of streets,
alieys, houses, sewerage, water supply, milk supply, and food
supplies generally; proper care of the markets, the control of
insect life, which is so frequently the cause of disease, as in the
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cases of the malaria and yellow-fever mosquito; the extermina­
tion of the house fly, with its typhoid-fever germ; and the edu­
cation of the people, through circulars, authoritative publica­
tions, through the schools, and through special instructors on
the rules of right living.
The instruction of the people as to the value of ffesh air,
clean air, clean bodies, the proper use of the bath and hot and
cold water, and the proper precautions to guard against infec­
tious diseases. It would disseminate full and complete knowl­
edge relative to diseases of sex now prevalent throughout the
United States and throughout the world by reason of the gross
ignorance of young people arriving at the age of puberty with
no knowledge whatever upon this vital topic and thus exposed
by gross ignorance to the most dangerous maladies.
These things, and much other interesting information, which,
under proper guidance, could be made the common knowledge
and the common property o f the people of the United States,
operating through the municipal, State, and Federal agencies,
within their strict constitutional limitations, are of vital im­
portance to the people o f the United States, to their health and
longevity and to their happiness; to their physical, mental, and
moral tvell-being. Our insane asylums are full of syphilitics.
Our blind institutions are filled in like manner through venereal
diseases. Our cities are filled with tuberculosis victims carry­
ing disease of the most malignant character into the houses of
the rich and the poor, especially the poor.
I desire the country to understand that the purpose of the
department of health is in x’eality that of race conservation,
the preservation of human life and of human energy, and that
there is great need for the cooperation of all classes of men,
including the Christian Scientists, who have undoubtedly been
of genuine public service in teaching people better methods of
self-control. This is also true with regard to the school of
osteopathy, as well as other so-called schools of medicine, chief
of which are the so-called regular physicians, sometimes called
allopaths and homeopaths.
We need prevention more than cure, however. We have not
so much tlip need for the regular physician, as his function is
generally understood—that is, as a man who will give medi­
cine to cure a sick patient, as we have need for his services,
and for the services of all schools of medicine, in their far more
important aspect of preventing diseases by instructing patients,
whether sick or well, in the rules of right living.
This, indeed, is the great work which has been done by the
regular physician, and which has been done likewise by other
schools of medicine not known as regulars and by men who
were not physicians at all. The great Pasteur was a chemist,
not a physician. Dr. Wylie is a food expert, not a medical
practitioner. It seems to me that all good men who desire the
welfare of the human race should be favorable to the establish­
ment of a department of public health, which shall not give
special preferment to any school of medicine or system of medi­
cine, but which shall devote itself to the conservation of the
human race, and which shall study with care and with patience
all claims of all schools of men engaged in the art of healing,
in the more important art of preventing disease and ill health.
This will include osteopaths, Christian Scientists, physical culturists. and a great variety of students of human health.




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I have drawn Senate bill No. 1 in such a way that the pro­
posed department is not permitted to discriminate in favor of
any school or system of medicine; so that it shall not invade
any function of any State; so that it shall not enter the house
of any individual without his free consent and invitation.
The real function of a department of public health is to pre­
vent disease. The cure of diseases should not comprise onetwentieth part of the activities of such a department. What
we want is to prevent people being made sick, not merely to
attempt to cure them when they are ready for the grave.
In this connection I call attention to a very important de­
partment established by the Equitable Life Assurance Society
of New York, a description of which appears in the New York
Commercial. William A. Day, president of the Equitable Life
Assurance Society, has just announced the organization of a
“ conservation department,” with Elmer E. Rittenhouse, former
president of the Provident Savings Life Assurance Society, at
its head. It proposes to circularize the millions of men who
hold policies in that assurance society on the gentle art of
self-care as a means of the preservation of their own health,
the care of the health of their families, their households, and
they expect to use this system as a practical money-making
proposition, because, having assured the life of their policy
holders, they want to prolong their lives as much as possible.
The New York Commercial, of June 17, 1911, makes the fol­
lowing announcement:
[New York Commercial, June 17, 1911.]
“ EQ UITABLE E S T A B L IS H E S CONSERVATION D EPARTM EN T---- EL. IER E. R IT T E N IIO U SE TO BE C O M M ISSIO N E R IN CHARGE---- PURPOSE OF N E W BUREAU
W IL L BE TO CONSERVE H E A L T H AND L IV E S OF P O L IC Y HOLDERS AND
PREVENT L A P SE S ---- EDUCATIONAL AND SAN ITAR Y CAM PAIG N PLANNED.

“ William A. Day, president of the Equitable Life Assurance
Society, yesterday announced the inauguration of a ‘ conserva­
tion department,’ with Elmer ID. Rittenhouse, former president
of the Provident Savings Life Assurance Society, at its head.
Mr. Rittenhouse will be known as the ‘ conservation commis­
sioner.’
“ The purpose of the new department is to carry into effect
one of the new ideas in life insurance, that of conserving the
health and lives of present policy holders and preventing lapses.
Mr. Rittenhouse attracted wide attention in his former con­
nection by instituting a campaign of medical assistance for
policy holders, and recently the Association o f Life Insurance
Presidents started a health conservation bureau.
“ At a meeting this week of the association one of the members
reported the results of an inspection he had made of the sanitary
conditions of 32 cities of the country, and he suggested the or­
ganization of local sanitary clubs.
“ The Equitable, however has gone into the matter more ex­
tensively. The announcement setting forth the news of the new
appointment says:
“ All life insurance companies suffer from two sources of waste or loss,
which have been given much study-and which continue to cost the
policy holders large sums annually. One is the annual loss of life from
preventable or postponable cause. The other is the loss due to the
costly American habit of lapsing policies.
“ The life companies of the country lost from this source last year over
.$700,000,000 of insurance already on their books, which cost the policy
holders of the United States over $20,000,000 to put on the books.
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Over 26,000,000 policy holders are therefore personally and financially
interested in the reduction of the loss from both these causes.
“ The society will assist its members by educational and perhaps other
methods to reduce life waste. It will also extend such help as it legally
may to the public-health authorities of the country in their efforts to
improve sanitary and general health conditions. It will give its moral
support to the general life-conservation movement which has reached
nation-wide proportions and already accomplished much in favorably
affecting tire mortality rate of the country.
“ This phase of the ‘ efficiency problem ’ will be given especial atten­
tion and the measures adopted to favorably affect it will be made known
as the work develops.

“ It is believed that before the end of another five years every
life insurance company of consequence will have a department
designed not only to conserve business, but to lower mortality.
The Metropolitan Life Insurance Co., of this city, has had great
success in its industrial field with its nursing service and the
wide distribution of literature setting forth measures to pre­
vent tuberculosis.
“ The Equitable, however, will go further than this, according
to present plans. It will use its agents and medical men all
over the country to cooperate with the local health boards for
the purpose of improving sanitary conditions, and it will use
the ‘ conservation department ’ for the purpose of getting into
close touch with individual policy holders.”
I respectfully submit an answer to President Huntington, of
the Connecticut General Insurance Co., by Prof. Irving Fisher,
of Yale University, president-of the Committee of One Hundred
on National Health, on the more obvious benefits a department
of health would have over the present Marine-Hospital Bureau:
4G0 P rospect S treet, April 21, 1911,
President R obert W. H u n tin g to n , Jr.,
Connecticut General Life Insurance Co., Hartford, Conn.
D ear Sir : Senator O w en lias written me that you have in­
quired of him as to the functions which a new national depart­
ment of health could profitably assume which are not already
sufficiently covered by the Public Health and Marine-Hospital
Service and the other bureaus of the United States Government.
I think one of the best arguments in favor of such a depart­
ment is contained in the speech of Senator O w en himself, which
I am therefore sending 5 -0 1 1 under a separate cover. You will
notice that his argument shows the utter inadequacy in times of
stress of a bureau like the Public Health and Marine-Hospital
Service under a department the head of which usually does not
know and does not care in regard to public health and whose
interests, even, are sometimes directly opposed. Except in the
life insurance business and some others there is, at least as my
studies have led me to believe, a very common conflict between
commercial interests and public-health interests. It was for
this reason that the 5 'ellow fever was systematically concealed
in Southern States for fear that its presence would interfere
with trade, and it was only as the States there finally appealed
to the United States Government to take over the quarantine
stations that the intolerable situation by which each locality
denied the existence of yellow fever, while accusing the neigh­
boring States of having it, was done away with.
The San Francisco episode is one which Senator O w en em­
phasizes. He does not overdraw- the situation in the least, as I
known by information direct from Dr. John S. Fulton and Dr.




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J. J. Kinyoun, who were directly concerned, and the former of
whom made a special investigation. A number of representa­
tives of San Francisco commercial interests were sent to Wash­
ington to prevent the knowledge of the bubonic plague’s exist­
ence in San Francisco from being spread by the United States
Public Health and Marine-Hospital Service, and they would
have succeeded had it not been for the fact that Dr. Fulton,
then secretary of the board of health of Maryland, had a suit
case of documents containing facts on the subject, with which
he was able to confront the lies which the delegation from
California were trying to spread, simply for the benefit of a few
merchants in San Francisco and to the prejudice and danger of
the heal 1 11 of the entire country.
I believe that the theme of commercial versus hygienic in­
terests has not been exhausted in Senator O w e n ’s speech, and
that many other instances, equally important, could be given,
some of which I am not free to mention, as they have come to
me in a more or less confidential manner. Some of these con­
cern the administration of the Bureau of Chemistry in the De­
partment of Agriculture and the Bureau of Animal Industry
in regard to meat inspection. With a Department of Agricul­
ture, the main object of which is to improve the prosperity of
farmers, including cattle raisers, it is not surprising that the
inspection of meats and foods should often be aborted in the
interests of the producers, for whom a Department of Agri­
culture largely exists, but against the much more important
interests of the consumers who suffer from the ingestion of
deleterious products. I do not believe that those who have
not looked into this subject have the faintest conception of the
extent to which the public is injured in this matter.
Dr. Wiley, who, in spite of accusations of going to extremes,
is certainly a friend of the public interests, is very enthusiastic
over the project of having a department of health, and one of
his chief arguments is that such a department would afford the
only good soil in which bureaus concerned with public health
can really grow and flourish. Such bureaus, as long as they
are subject to ministers of finance, agriculture, labor, commerce,
etc., can never work untrammeled for the public good whenever
a conflict of interests exists between the public good and that
of the special interests of finance, agriculture, commerce, labor,
etc. But the instant we have a department of health, with a
secretary whose sworn duty it is to improve the health of the
people, that instant we shall have the conditions for the untram­
meled exercise of health protection by existing as well as newly
created bureaus concerned in public health.
Another great advantage comes from the assembling together
of the bureaus now existing and which sometimes work at cross
purposes. There would be cooperation instead of duplication,
mutual helpfulness and encouragement, and the growth which
comes out of these conditions; in other words, economy and
efficiency.
There would, I believe, be no. need and no probability of
duplication of work, as between the national and the State de­
partments of health, any more than there is now a duplication
as between the State departments and the municipal depart­
ments. The spheres of work of the two would be very different,
not only as required by law but also because of the cooperation

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which would necessarily result. A s proof of this w e have a
precedent in the Departm ent of A griculture, which has, I be­
lieve, never been accused of duplicating the work o f the State
agricultural experiment stations and colleges, but o f helping
them. In fact, there are other analogies, as between the United
States A rm y organization and the State m ilitia, which is a rela­
tion o f mutual helpfulness. T h is aspect has been form erly con­
sidered by D r. W illia m C. W oodw ard, health officer o f the city
o f W ashington, who could give 3*011 more and better instances
than occur to me offhand. Suffice it to say that the project for
a department o f health has been indorsed by the conference of
State and Territorial boards o f health and by a large number of
individual municipal health officers.
In fact, I do not know
o f any local health officers who have opposed a national depart­
ment of health as duplicating their work. These people are, in
general, the most enthusiastic of all for a national department
of health, realizing that such a department would give an im­
petus to the interest in public health which would increase their
own power and influence at one bound.
T h e Public H ealth and M arine-H ospital Service, in its labora­
tory, has done great work in investigations, and I believe this is
self-evidence of how much more could be accomplished if a
larger sphere could be given to such investigations. Hookworm
and pellagra, though important, are very trifling exam ples as
compared w ith the results w hich we m ight liqpe for w ith a
larger sphere. The greatest hygienic advances which the world
h as seen have come out o f such department laboratories abroad,
particularly the French work o f Pasteur, which is the founda­
tion of modern bacteriology, and the German work o f Koch,
which has done so much for tuberculosis. Proof o f w hat can
be done comes from the exam ple o f the Departm ent o f A gricul­
ture, which has solved the many problems o f anim al and plant
disease by putting experts to work to direct their energies to
these specific objects. Some o f the best work for public health
has been an incidental result, as, for instance, the work o f the
Bureau of Entom ology, under D r. H oward, w hich has shown
the influence o f the typhoid fly, as lie calls the common house
fly, and as a consequence o f which there is a country-wide
antifly as well as antimosquito crusade.
A fte r a number o f years of study o f the possibilities o f inves­
tigation, I am satisfied that there is no subject w ith which I
am at all fam ilia r in which there are so many unexploited pos­
sibilities as in public health. For instance, in spite of all the
work f o r improved ventilation and the crusade for outdoor
living in connection w ith the fight against tuberculosis, w e do
not j'et know w hat are the specific qualities o f good as distinct
from bad air. The old theory of carbon dioxide has been almost
completely exploded, and we have now sim ply a great m ass of
conflicting working hypotheses; ns, for instance, that it is the
coolness, dryness, hum idity, motion, electrification, ionization,
ozone condition, freedom from organic impurities, freedom from
bacteria, etc., which explains good air as distinct from bad.
T h e instant this problem is solved, the question can be solved
w ith it, and we shall know whether the proper m eans is to use
an ozone machine, humidifier, an electric fan, or some other
device.
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I do not for a moment doubt that the establishment of a
national department of health would lengthen human life very
materially, also rapidly, for, besides the above-mentioned ad­
vantages, would come a general education of the public. This
would take place through bulletins and the use of the public
press and in other ways, such as visual exhibits, etc., in a
manner similar to the way in which the Department of Agricul­
ture has educated the farmer. A department can do this where
a bureau can not, not ouly because the head would be more
sympathetic with such work, .but also because a department
would have so much more prestige and would attract more at­
tention. The groat problem of education of the public consists,
I believe, as newspaper men affirm, in getting the ear of the
public. It is the large headlines which do the work of molding
public opinion, and on the same principle it is a large depart­
ment rather than a small bureau which will get the public ear.
The Department of Agriculture when it was an independent
bureau did not have a tithe of the influence which it now
possesses.
It is a fact that life has been prolonged or death rates de­
creased fastest and best where there have been good depart­
ments of health. Statistics show that the country of most
rapid advance in recent years is Germany, the only country
which really has a true department of health. In this country
the cities which have good departments of health show the
result by a lower death rate, as witness New York, Chicago, and
Washington, all of which places have remarkably good health
officers. In New York the death rate responded at once to the
cleaner streets of Col. Waring, to the improved milk crusade,
to the tuberculosis notification law, etc., just as so many cities
have responded at once to the introduction of water plants. By
the way,' Mr. Calvin W. Hendrick, who is putting in a several
million dollar new sewerage system in Baltimore, is an enthu­
siastic advocate of a national department of health in order
that it may supply models for municipal sanitation in respect
to sewerage systems, etc., believing that in this manner such
improvements as lie is making in Baltimore could be communi­
cated with great rapidity to other municipalities, which will
probably not get these improvements otherwise within a gener­
ation. The average “ city father ” is conservative and will not
run to Baltimore or any other city for information when lie
would take it as a matter of course from a department of
health.
As I see it, the situation, in brief, is: First, that there is a
great field for hygienic investigation unexploited; second, that
the present scientific knowledge is a full generation in advance
of its practical application; third, that in order both that
knowledge shall increase and that present knowledge shall be
applied we need a mechanism like a department of health which,
like the Department of Agriculture, will perform the needed
investigations and spread the existing knowledge.
I fear I am worrying you. There are many other things I
would like to say. I take the liberty of sending with this a
copy of my address before the Association of Life Insurance
Presidents on the subject of the prolongation of human life, and
a copy of a more recent address before the International Asso­
ciation of Accident Underwriters on the same subject. Various
101G9S— 10132




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insurance associations and companies, including the Interna­
tional Association of Accident Underwriters, have passed resolu­
tions favoring a department of health.
If you have not seen my report to President Roosevelt on Na­
tional Vitality, and would care to look it over, I should be much
pleased to have the opportunity of sending you a copy. Life
insurance men are showing a great interest in the subject at
present, as you doubtless know. Mr. Messenger, actuary of the
Travelers’ Life Insurance Co., is one of the Hartford men most
interested. President Holcombe, President Dunham, Vice Presi­
dent Lunger, and others are also interested.
If I can be of any service to you at any time, I should be very
much pleased.
Yours, very sincerely,
--------------------.
Great and organized opposition to the establishment of a de­
partment of health has been carried on by a so-called League for
Medical Freedom. This league has many good people in it who
are misled— Christian Scientists who deny disease, and some
good citizens who have been falsely led to believe their liberty
will be invaded—-some people who do not think, and some people
who have an evil purpose, a sinister commercial purpose, who
are engaged in promoting patent medicine. There is a descrip­
tion in Collier’s on May 6 and June 3 of this League of Medical
Freedom, which is of sufficient interest to justify its being read
to the Senate, but without objection I will, Mr. President, in­
sert it in the R ecord without reading.
The VICE PRESIDENT. Is there objection?
Mr. GALLINGER. Mr. President, I shall have to object to
the request.
The VICE PRESIDENT. Objection is made.
Mr. OWEN. I will then proceed to read into the R ecord
this extract. It is as follow s:
[From Collier’s, May 0, 1911.]
“ A BAD BU N CH .

“An octopus which we don’t like is the League for Medical
Freedom. It is doing a tremendous amount of damage by its
opposition to needed medical legislation along all lines relating
to the public health throughout the United States. In the excel­
lent California Legislature, for instance, this year, efforts for
better sanitary laws were largely blocked by this organization,
thoroughly equipped with ready money, and extensive in its
hold upon the imaginative minds of many citizens. These
gophers have worked underground, since the league came into
existence, to counteract the pure food and drugs act of 1906.
The membership is composed for the most part of those who
were hit hard by the act. Expensive lobbies are maintained at
Washington, and in many State capitals, for the purpose of
defeating health legislation. In 1909-1911 important bills relat­
ing to the health of the Nation were held up in Congress at the
instigation of the league. It is alleged that $25,000 per week
was spent by the league lobby. There is probably no accurate
way of computing the amounts that have been spent in Wash­
ington or at the various State capitals. One method of attack
consists in sending showers of telegrams of protest to the
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especially from the home districts o f the lawmakers. These
protests are invariably misrepresentations of the real purpose
of the proposed legislation. Organizations have been formed in
every State of the Union, and attorneys employed to represent
the league before conventions, legislative committees, and
municipal meetings of all kinds. Another plan of procedure is
to send circular letters to delegates of conventions requesting
them, in the name of “ liberty and fraternity,” to vote against
any medical resolution that might be introduced. It has always
been difficult to get appropriations for health purposes, and if
this league continues to fight the health authorities we must
expect an increase in the death rate in all States in the next
year or two. In Chicago, where the league is strongest, in 1908
the death rate was 14.0S per 1,000 per annum; in 1910 it was
15.21 per 1 ,0 0 0 .”
I remind the Senate that the chairman of the Committee on
Public Health had a thousand telegrams put in his hands on
one day, coming through the agents o f this so-called League of
Medical Freedom, opposing the department of health, although
the department of health proposed nothing in the world except
the coordination of Federal activities that we already have and
putting them together under one intelligent management.
Many citizens telegraphed who thought they would be sub­
jected to compulsory vaccination, who thought their domiciles
would bo invaded. Many engaged in the art of healing and
preventing disease protested under the false assurance that a
department of race conservation and of human health meant
that they would be denied a license to practice osteopathy, and
so forth.
Many protested under the erroneous advice that a department
of human conservation of the United States would invade State
rights and interfere with local authority. These manufactured
telegrams and protests had no genuine foundation of fear. They
were manufactured wholesale by sinister commercial forces,
that had an unlimited treasury of money, able to organize at
once these patent-medicine leagues of medical freedom in many
States and flood the press with half-page advertisements in
box-car letters.
Collier's answers some of the victimized members of this
league who protested against the first editorial, as follows:
[From Collier’s, June 3, 1911.]
“ L IB E R T Y .

“ Protests from readers have greeted our criticism of the
League for Medical Freedom. Also a protest is telegraphed from
the California branch of the league. In the minds of most of
those who protest tho principal objections are to the following
positions taken by us: 1. That the league contains the kind of
men who opposed the pure-food act. 2. That the activities of
the league are against public welfare and frequently surrep­
titious. Our answer follows:
“ 1. B. O. Flower, one of the nine founders of the league, and
now in his second term as president of it, was president of
‘ The II. C. Flower Medicine Co.’ from 1S85 to 1899. It. C.
Flower is the notorious quack and general humbug whose latest
arrest was as late as 1908. B. O. Flower wrote the league’s
pamphlets on Bubonic Plague and The Compulsory Medical
101G9S— 10132




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Inspection of School Children. Ilis views on patent medicine
are often expressed. For instance:
“ I believe that a great majority of the proprietary medicines are in­
finitely less dangerous to the public than the majority of regular doc­
tors’ prescriptions.

“ 2. C. W. Miller, second vice president of the league, was also
one of the founders. In his newspaper, which publishes patent
medicine advertising, he has constantly fought the medical
profession. Last year one of his addresses against what he
calls a ‘ doctors’ trust’ was delivered to the Dairy Association
in Baltimore. We may say in passing that Collier’s does not
believe in freedom to sell tuberculous milk any more than it
does in freedom to sell tuberculous meat.
“ 3. Mrs. Diana Belais, a director and also a founder, has ap­
peared before in this paper as president of an antiexperiment
society, a well-meaning, ignorant, reckless, and muddle-headed
agitator. We are officially informed by the chairman of the
‘ committee on publicity and education ’ of the league that
Mrs. Belais was made a director ‘ because of her courageous
efforts to secure a higher law in New York State than the
doctors’ cruel theories and professional arrogance.’ Here’s to
antiexperiment, meningitis, diptheria, and freedom!
“ 4. Dr. C. S. Carr, who is on the advisory boards, edits a pseudo­
medical sheet. Collier’s long ago printed a letter signed ‘ The
Peruna Drug Co., per Carr.’ As editor of Medical Talk for the
Home he carried advertisements of many of the medicines ex­
posed in Collier’s in our series on ‘ The great American fraud.’
He is now editor of the Columbus Medical Journal, which he
at once turned from an ethical siieet into a sheer fraud. Look
at the issue of May, 1909. On the front cover is a picture of
Carr himself writing, ‘All drugs are poison. All druggists are
poisoners.’ On the reverse side is an advertisement beginning,
‘ Prescribe Antikamnia and Codein tablets in la grippe, head­
aches, etc.’ Hurrah for freedom and Peruna !
“ 5. George P. Englehard, who is on the advisory board, has
for a long time in his journal defended the patent-medicine
interests.
" G. Charles Huhn, also a member of the board, is a prominent
officer in a cooperative patent-medicine concern.
“ 7. Another founder was a member of the advertising agency
which is now spending for the league the money which it puts
into its advertising campaigns.
“ The league says it did not oppose any ‘ sanitary or quarantine
laws.’ This statement requires some hardihood, as the hearings
of the Senate Committee on Health, and more especially of the
House Committee on Foreign and Interstate Commerce, show.
It would interest us to know whether the league can point out
a single health bill introduced in Congress which it has not
opposed. When the leaders wish to oppose a sanitary or quaran­
tine law they do it on the ground that such a law would in­
directly ‘ lead to compulsory and discriminatory legislation.’
“ The league was nominally born recently, but those who make
it up had already as individuals, and even as organizations
(such as the Colorado League for Medical Liberty), opposed
State and national legislation. A pamphlet published by the
Colorado branch singles out Collier’s for attack, and was writ­
ten by a notorious quack doctor. In California, which was the




101698— 10132

13
special tlieme of onr former editorial, if the league should pre­
vail, the next threat of bubonic plague would be carried out,
instead of being suppressed like the last; smallpox might again
become a serious epidemic; school children would bear their ills
as best they might. A bill was introduced ordering that the
board of health be composed of 2 ‘ allopaths’ (a school which
does not exist, but is a hostile term for regular physicians), 3
homeopaths, 2 ‘ eclectics,’ 2 osteopaths. It did not pass.”
“ Some leading homeopathists and osteopathists, be it said, are
in favor of a national health bureau and strongly against the
agitations of the league. Dr. Francis B. Kellogg, president of
the California State Homeopathic Society, in an address re­
cently said:
“ * *
* In my opinion there is an effort being made to exploit the
homeopathic profession by influences and interests which are indirectly
hut radically opposed to the welfare not only of practitioners of medi­
cine in general, but to that of humanity itself. I refer to the effort to
enlist homeopathic support for the so-called National League for
Medical Freedom.

“ Plato complained that in his day doctors made too sharp a
distinction between the body and the mind. In our day the best
class of physicians frequently recommend faith cure and Chris­
tian Science, and the Emmanuel movement is an indication that
it is possible for science and religion to work together in healing.
Few mere observers rate the benefits that Christian Science has
brought to the community more highly than we do. A belief
which so frequently brings about an actual improvement in
character, disposition, bodily health, and mental atmosphere
deserves the most serious recognition, even by those who regret
its hostility to the progressive science of medicine. It is possi­
ble at times for clever designers to use members of any faith for
disastrous purposes. When It. C. Flower was at the height of
his career, in 1907, as manufacturer of diamonds, vender of fake
mining stock, wearer of most ingenious disguises, tfaveler un­
der assumed names, and general artist in gold bricks, he con­
ceived the idea of playing for profit upon the earnest beliefs of
the followers of Mrs. Eddy. One of his accomplices, a woman,
who also used an assumed name, worked the game with him,
and when Dr. Flower, alias Mr. Cortland, took up the cudgels
in defense of Christian Science, without being requested to do
so, he said:
“ Not that I am one of its disciples, but I like to see everyone free to
practice medicine as he wishes.

“ Here we have the very words themselves from old Doc
Flower. Up with freedom !
“ Everybody who believes in *freedom ’ in medicine is within
his natural and political rights in supporting this league. Col­
lier’s, not believing in this species of *freedom,’ is also within
its rights in treating the league as a menace, the make-up, bias,
and purpose of which ought to be fully understood.”
I have a few more editorials from the American Medical
Association Journal, which.I shall rqad into the B ecokd for the
benefit of the Senate.
Mr. President, the membership of this so-called league. In my
judgment, have been deliberately misled by sinister interests,
and the membership which has been thus added to these alleged
101098— 10132







14
rolls of membership has no means of expressing itself. The ex­
pression comes through its officers. Those officers are described
by Collier's, and I think it would be well for the membership
of that organization to look to the directors and see who they
are and understand what is at the bottom of this movement.
That is the purpose of my reading into the E e c o r d the history
of this so-called organization. I shall now read some editorials
from the Journal of the American Medical Association:
SO M E ED ITO R IA L S FRO M T H E JO U RN AL OF T H E A M E R IC A N M EDICAL A SSO ­
C IA T IO N — T H E AM E R IC A N M EDICAL A S SO C IA T IO N CALLED A TRU ST .

“ ‘ Trust ’ is a good word to juggle with nowadays, for to most
people it conjures up visions of extortion, robbery, and general
oppression. When, therefore, any organization is to be attacked
and there are no tangible charges to be preferred against it, it
is dubbed a ‘ trust,’ and by that very token is damned in the
premises.”
I want to say right here that in my State half-page adver­
tisements in huge letters were spread all over that State by
this so-called League for Medical Freedom, practically de­
nouncing the medical profession of this country as being a
“ medical trust,” desirous of depriving citizens of their rights
to employ any physician they pleased, to use any medicine they
pleased, and giving it to be understood that the purpose of a
department of health was the invasion of the private home of
the citizen and the invasion of the constitutional rights of the
State. The members of the so-called League for Medical Free­
dom have been grossly imposed upon and have been grossly
misrepresented as to what they truly stand for. I know what
many of their members stand for perfectly well, and I am in
accord with them cordially and sincerely. I know what the
Christian Scientists stand for, and I sympathize with them; I
understand.what the osteopaths stand for, too, and I think they
serve a good and useful purpose. They have been misled by
the agents of the patent medicine association in this country,
that are actively engaged in promoting the drug habit in our
citizens, and this declaration on the part of the so-called League
for Medical Freedom against the American Medical Association
is not only unjust and unfair, but it is disgraceful and utterly
untrustworthy.
The article continues:
“ In this manner the American Medical Association becomes
the *doctors’ trust,’ according to the ‘ National League for
Medical Freedom’ and other organizations with equally highsounding and misleading names, fathered by the ‘ patent-medi­
cine ’ interests. Not that the term originated with this widely
advertised ‘ league,’ although some 15 or 16 years ago the presi­
dent of this ‘ league ’ attacked the medical profession in a
magazine article on ‘ Medical monopoly.’ The representatives
and mouthpieces of the proprietary interests have long employed
it; notably Strong, through his two journals, the National Drug­
gist and the Medical Brief, and Engelhard, through his journals,
the Western Druggist and the Medical Standard. As the pro­
prietors of these publications are found among (he personnel of
the ‘ league’ it is natural that this latest ‘ patent-medicine’
organization should have appropriated a figure of speech pos­
sessing such magnificent potentialities.
101098— 10132

15
“ To the proprietary men the American Medical Association
is a trust because, they allege, it has attempted to dictate to
physicians what medicinal preparations they shall and shall not
use; or, to put it more baldly, because the fraudulency and
worthlessness of various proprietary products have been made
clear in the Journal. Others have accused the association of
being a trust because it has attempted to raise the standard of
medical education and thereby to *control the output of medical
students.’ But the reason advanced by the ‘ league ’ is a
brand-new one, invented, no doubt, in the hope that it will reach
the public’s heart through its most direct route—the purse. The
American Medical Association is a trust, we are told, because it
has established a schedule of prices by which all its members
are bound. The president of the ‘ league ’ is reported as saying:
“ Tlie [American Medical] Association now fixes the prices charged by
physicians in America.

“ More specifically the ‘ league’s ’ vice president puts i t :
“ The American Medical Association has secured the adoption of its
scale of prices throughout the country. * * *

“ To such a charge there is but one answer; and that an allsufficient one, viz, that it is a falsehood, and a stupid one at
that. Every physician and every layman who has ever investi­
gated the matter knows that as a matter of fact the American
Medical Association has never even suggested that the ‘ price ’
of medical service be ‘ fixed,’ but on the contrary has positive!}7
discouraged such a proposition. The recommendation in the
Principles of Medical Ethics that individual physicians in any
locality should adopt some general rules ‘ relative to the mini­
mum pecuniary acknowledgment from their patients,’ has been
taken and an attempt made to read into it a meaning never
intended and certainly never accepted. What the attitude of
the association is on this point is well set forth in the standard
Constitution and By-laws for County Societies, prepared by a
committee o f the American Medical Association and recom­
mended and very generally adopted by various county societies:
“ S ec. 3. Agreements and schedules of fees shall not be made by this
society. * * *

“And yet the falsehood is blazoned forth, with a prodigal dis­
regard for the expense entailed, by means of display advertise­
ments and ‘ interviews,’ that the American Medical Association
‘ fixes the price ’ o f medical service. Of course, the ‘ league ’ had
to have some shibboleth, and the accusation that the American
Medical Association is a ‘ trust’ is an untruth that may b e ’
counted on to arouse the interest of the unthinking and to give
a more or less plausible excuse for the ‘ league’s ’ existence.
How absurdly mendacious the accusation is the medical profes­
sion already knows and the public will not be long in learning.
“Again we say: The publicity which the ‘ patent-medicine’
interests are giving to the American Medical Association through
this ‘ league ’ is welcomed. The more the people know about
the association and the work it is doing, the keener the investi­
gation made of its methods and alms, the better it will be not
only for the American Medical Association and the medical pro­
fession of the country, hut also, more important than all, for the
public itself.” (Editorial, Journal American Medical Associa­
tion.)
• 101G0S— 10132







lb

Mr. President, the American Medical Association lias pub­
lished at great length scientific and careful analyses of most of
(he nostrums and patent-medicine frauds of this country. They
have given wide publicity to it, and in that way they have
excited the violent animosity and hostility of the patentmedicine people, so that the declaration is made by them that
the medical profession comprises a trust. In point of fact, if
the American Medical Society form a trust and if they are
concerned in establishing a department of health with a view
to preventing sickness, which would be the purpose of a de­
partment of health, they would be engaged in tearing down
their own business; they would be engaged in depriving them­
selves of their patients from whom they make their living. It
would be the only trust in existence which is concerned in
diminishing its own revenues and destroying its own financial
foundation. Such a trust as that is a very novel trust and one
that deserves encouragement.
Now, Mr. President, without further objection, I will submit
for printing in the R ecord the concluding editorials.
The PRESIDING OFFICER (Mr. G allinger in the chair).
Without objection, permission is granted.

The matter referred to is as follow s:
A N EW CO M B IN ATIO N A G A IN ST T H E AM ERICAN M EDICAL A SSO C IA T IO N .

“ Within the past few days the newspapers of the chief cities
o f the country have carried large advertisements headed, ‘ Do
you want the “ Doctors’ Trust ” to be able to force its opinions
on y o u ?’ These advertisements paint in vivid colors—‘ yellow ’
predominating—the disaster and general destruction that will
follow the formation of a Federal department of health. They
emanate from, or, to be more correct, are signed by, an organiza­
tion calling itself the ‘ National League for Medical Freedom.’
In addition to the regular display advertisements the press
agent is supplying matter for the reading pages, and there is
every evidence that the propaganda is not lacking financial sup­
port. Of course, the American Medical Association is the bete
noire the ‘ league ’ seeks to k ill; it is the ‘ Medical Trust ’
referred to. Members of the association will be surprised to
learn that if a national department of health is created it will
result in ‘ denying to the people the right to determine for them­
selves the kind of medical treatment they shall employ.’ For
this reason, and so far as the advertisements state, for this rea­
son only, the National League for Medical Freedom has been
brought into being. As a slogan, under which the real reasons
for organizing may be carefully concealed, it may serve its pur­
pose. Most people prefer to have their thinking done for them,
and this alone will prevent the absurdity of such a proposition
as that on which the ‘ league ’ is ostensibly founded becoming
apparent. Yet every person with the most elemental knowledge
of our Government knows that the regulation of the practice of
medicine and the licensing of physicians is a function of the
State, and that any law attempting to confer such power on a
department of the Federal Government would be unconstitu­
tional. The proposed department of health would have just as
much authority to determine what ‘ kind of medical treatment ’
the people should employ as the Department of Agriculture has
to dictate to the farmer regarding the implement company he
101G98— 10132

IT
shall buy his plows of. Yet we are asked to believe, apparently,
that a national department of health would mean that the free­
born American citizen who wanted to have a purulent appendix
cured by the ‘ spinal adjustment’ route would have to patronize
a surgeon, even though he were a ‘ conscientious objector ’ to
surgery. It would mean, it seems, that the individual suffering
from malaria who wished to be freed from this ‘ moral error ’
by ‘ absent treatment ’ would be ignominiously dragged to the
internist and dosed with quinine. It would mean that the op­
timist who would cure his rheumatism by wearing a ‘ guaran­
teed magnetic rin g’ would have to endure the administration
of the salicylates. It would mean—but why pursue these har­
rowing predictions further?
“ Seriously, though, there must be something wrong with the
mental make-up of the individuals composing this ‘ league ’ who
expect— even by such potent means as the lavish distribution of
printer’s ink— to persuade a reasonably sane people that any
law might, could, or would be enacted that would curtail the
lights of the public as they have suggested. Of course, the fact
is that the moving spirits behind the organization of the
‘ league’ have neither an overwhelming solicitude for the public
welfare nor any strenuous objection to the formation of a na­
tional department of health. The ‘ league’s ’ actual, and fairly
evident, raison d’etre is opposition to and antagonism against
the American Medical Association. To disclose the source of
this opposition it is only necessary to call attention to some of
the members of the ‘ advisory board ’—high-sounding title—as
reported in the newspapers, to make reasonably clear to the
members of the American Medical Association the ‘ power be­
hind ’ the ‘ league.’ The publisher, of the Medical Standard
and Western Druggist, for instance, has long been known as
a defender of, and mouthpiece for the ‘ patent medicine ’ and
proprietary interests. Ilis presence on the ‘ advisory board ’
is tilting, and the only surprising thing about it is that he
should have been guilty of such a tactical blunder as getting
into the tierce light of publicity.
“ That the president of the American Druggists’ Syndicate
should be on the ‘ board ’ was to be looked for, arid being
looked for, is found. And there are others! Among the lesser
satellites in this distinguished galaxy are those who very natu­
rally might bo expected to enter enthusiastically into such a
campaign—the president of an antivivisection society, some
‘ mental healers ’ and one or two journalists of varying de­
grees of obscurity. Of the latter, one has for years been strongly
opposed to medical organization and more recently has taken
up that mental vagary known as ‘ new thought.’ Taking into
consideration both the objects of the ‘ league ’ and the person­
nel of its ‘ board’ one feels that the New York Journal ex­
pressed only a half truth when it said:
“ The d ru g gists and the p ro p rie ta ry m edicin e in te re sts th ro u gh o u t the
cou n try are said to be chiefly con cern ed in d efe a tin g the Ow en hill.

“ It would have been nearer the facts if for ‘ defeating the
Owen b ill’ were substituted the clause ‘ attempting to disrupt
the American Medical Association.’ a dozen years ago the
public might not have been able to see the animus prompting this
attack; to-day it is wiser.
101098— 10132-------2




18
“ As to the publicity which this sensational and costly cam­
paign will give to the American Medical Association, the medical
profession may welcome it. One thing that has long been needed
is that o f directing the attention of the laity to the aims and
accomplishments of the American Medical Association. It
welcomes investigation; the more the public learns about the
work the association is doing the better for the association. It
has nothing to be ashamed of, but it has a great deal to be proud
o f ; its work in the interests of both public welfare and scientific
medicine is and always has been open and aboveboard. The
association needs no defense; it is not only well able to stand
on its record, but is proud of that record.” (Editorial, Journal
American Medical Association.)
“ N A TIO N A L CONSERVATION CONGRESS AND A D EPARTM EN T OP H E A L T H .

“ The National Conservation Congress, recently in session in
•
St. Paul adopted a platform setting forth the views of the dele­
gates as to the duty of the Federal and State Governments in
conserving the natural and vital resources of the Nation. One
o f the planks, unanimously adopted by the committee on resolu­
tions and later by the convention itself, indorsed in no uncertain
terms the establishment of a department of health. This plank
read: ‘ We also recommend that in order to make better pro­
vision for preserving the health of the Nation a department of
public health be established by the National Government.’ This
declaration was adopted in spite of a large amount of carefully
stimulated (and simulated) opposition. The plank was intro­
duced before the committee on resolutions by a delegate from
Pennsylvania. As soon as it was known that there -was likeli­
hood of its adoption telegrams from all over the country began
to pour in on the members of the committee on resolutions,
requesting, urging, and demanding that no action be taken on
this subject. On Thursday morning, when the delegates assem­
bled in the auditorium, there was found on each seat a marked
copy of the Pioneer Press containing a full-length, two-column
‘ appeal’ (otherwise known as advertising matter) from the
National League for Medical Freedom, reiterating previously
made statements regarding 4 political doctors,’ 4 medical trust,’
4 interference with liberty,’ and other stock bugbears.
But, as
a reporter for the Pioneer Press'said, 4 the delegates smiled.’
The men composing the convention, who had been sent to St.
Paul to represent the interests of the people and not the people
of the interests, who had been able to detect the cloven hoof of
monopoly under the specious plea for 4 State rights ’ which
had been made in the opening days of the convention, were not
slow to understand who and what were the influences back of
She objections to governmental action for the saving of life.
‘ The delegates smiled ’ when they received the telegrams, when
they adopted the resolution of the committee and when the
unanimous vote of the convention approved the platform. It
Ttas the sound judgment and common sense of the average
American citizen which led the delegates to realize that health
and life are important and that the only men who oppose any
Means by which life can be saved are those who have a selfish
and mercenary interest in perpetuating present conditions.”
E ditorial, Journal American Medical Association.)




1C1G98-—10132

I

*ez
19
“ wno P A T S T H E BILL",*?
“ Newspaper men are not easily misled as to motives, neither
are they slow to recognize the real forces behind an effort to
influence public sentiment. An editorial in a recent number of
the Baltimore Evening Sun shows how the better class of news­
paper editors regard the strenuous and well-nigh hysterical
efforts now being made to simulate a popular uprising against
the awful iniquity of national health legislation.
“As the Sun well says, the mere statement of the arguments of
the National League for Medical Freedom is all the answer that
is necessary. But the attack on the Owen bill is only a pre­
text. The American Medical Association is the real target.
The forces behind this movement are endeavoring to take ad­
vantage of the popular feeling against trusts and monopolies
by branding the American Medical Association as a ‘ doctors’
trust,’ a designation, by the way, which originated with cer­
tain so-called medical journals which derived their support
from nostrum vendors.
“ Evidently, the manufacturers of ‘ baby killers,’ sophisticated
and adulterated foodstuffs, cheap and bad whiskies under the
guise of ‘ family remedies,’ and fakirs and swindlers doing
business under the guise of physicians, hope that the American
public and press will accept this designation without asking for
proof or evidence, and that by such methods the American
Medical Association and its work can be discredited in the
public estimation. ‘ The delegates smiled ’ when the members
of the committee on resolutions, at the Conservation Congress
at St. Paul, were overwhelmed with a flood of telegrams care­
fully arranged for beforehand, protesting against the indorse­
ment of a national department of health. Truly, newspaper
editors and managers must smile with equal persistency when
‘ copy ’ is received for half-page advertisements at a daily cost
of $25,000, denouncing the national organization o f the medical
profession as a ‘ doctors’ trust.’ Newspaper men know the
cost of a general advertising campaign. They also know that
only those who are financially and mercenarily interested in
blocking the work which the American Medical Association is
doing, and who fear to have any further light thrown on their
nefarious doings, would furnish the money for such an ex­
tensive and expensive advertising campaign. The National
League for Medical Freedom asks no dues of its ‘ members,’
yet it has used large quantities of the most expensive news­
paper advertising space. Who pays the bills, and whence comes
all the money?
“ Certainly it does not come from the few homeopaths who
have joined the league, nor from the few eclectics, nor from the
small number of osteopaths; and surely the Christian scientists
are not shouldering this enormous burden. The obvious con­
clusion is that the money comes from those exploiters o f human
weakness and credulity whose fraudulent practices have been
exposed by the American Medical Association, and whose
poeketbooks have been injured in consequence.” (Editorial,
Journal American Medical Association.)
101G 9S— 10132




o