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June 12th, 1928. Hammer Radium Company, 622-23 Central Savings Bank Bldg., Denver, Colorado. Attention Mr. R. F. Hammer Dear Mr. Hammer: We are quite aware that the publicity recently given the so-called "Radium Poisoning" cases has seriously impaired the business of those engaged in the distribution of radium and radio-active products. We have given careful consideration to all possible means for combating this publicity, and have arrived at a policy which we believe will in the long run prove to be correct. There is a grave question of doubt in our minds, as well as in those of a number familar with the situation, as to the condition claimed by the complainants in this action, but unfortunately for us, although fortunate for the complainants, their legal counsel chose to try these cases in the public press rather than in the courts, and we must admit that he has been very successful. Through the publicity which he has given these cases the public sentiment has been so formu- lated that had we been forced to go to trial before a jury in this district, we would have been unquestionably defeated - not on the facts of the case, but upon the opinions which had been formulated through reading the papers. In fact the publicity given the cases had forced the New Jersey Courts to a point where I don't believe there is one judge in a hundred who would have had the courage to treat these cases as they should have been treated - that is not taking into consideration public opinion. We, therefore, deemed it advisable to buy our peace by settling these cases, and for the time being satisfying the public. We denied liability in these cases, and have so stated in our settlement. It is our opinion that the complainants will in a very short period of time be normal in their health, insofar as any injury which they may have received at our plant is concerned. Had we attempted to controvert the publicity given these cases we feel that such a procedure would have only tended to aggravate the condition, rather than ally it. As you know news has been rather carce of late, and there is nothing the press would have liked better in to have come to us with the statements of the complainants, and ived our reaction, then gone back to the complainants with our story, You must realize that in the Court of Equity, the Complainants d their case, but up to the time of settlement we had never 1 our defense in court. For this reason you can see that it ave been out of order and unethical for us to have attempted to -2- try the cases through the press. It is our belief that the thing will automatically die out, as there will be little or no news to be obtained as soon as the settlements have been completed. Just a few remarks regarding your theory as to what this trouble may be ascribed: The first case came to our attention in 1924, at which time we had a thorough investigation made regarding any hazards that might be involved in this industry, which included the toxic affects of the zinc, the impurities added to same, possible injurious affects from licking brushes and radio-active materials. The result of this investi- gation indicated that there was no apparent industrial hazard existing in this work, but the person conducting the investigation stated that inasmuch as there was a similar condition existing among several of our employees not found elsewhere, and that he could find nothing hazard- ous in any phase of the work, except a possible hazard existing through the possible ingestion of small quantities of radio-active materials, he felt that we should regard it as suspicious. Recommendations were put into force which would preclude the ingestion of any further mater- ial. I might add that in the application of luminous material to watch and clock dials it was more or less a common practice to point the brushes with the lips - a practice which was forbidden in our plant, but not strictly enforced. The reason for forbidding this practice was not on account of any belief or knowledge on our part that any industrial hazard existed through such a practice, but that it was unsanitary. Todate we have knowledge that a few individuals, perhaps 5 or 6, out of five or six thousand engaged in this industry throughout the world, have acted as storehouses for radio-active materials, and whether or not this has brought about a condition found in a number of girls who have been engaged in this work, is questionable, but at least we must regard it with suspicion. We do not feel that this is at all comparable with the use of radium for medicinal purposes, either intravenously or per os, for the conditions are quite different. As you are aware radium chloride has been used more or less extensively internally since 1912 or '13, and there has not been one untoward affect reported to date. I have discussed this matter with medical men in our vicinity who are fully aware of the situation, and they state that in their opinion there is nothing to be feared. Although some of the medical men who have served as experts for the complainants feel that there is a hazard. I may say, however, that those who have served as experts for the plaintiffs are men with no training or previous knowledge or experience in the use of radium or radio-active materials. In our investigation of those engaged in this industry we e devised tests for determining whether there is any possibility of applying luminous material, suffering from their work. One test, ле make, is for the detection of small amounts of radio-active. -3- materials in the living person, and we consider this test of more importance than the blood picture. With regard to the complainants this test has been made, and they have been found negative. Even their blood picture does not show any condition abnormal to girls of a similar station in life. I have given this information strictly confidentially, and know that you will treat it as such. We are hopeful that as time passes the publicity given these cases will automatically cease, as you know the public soon forgets things not constantly before its attention. Cordially yours, Vice President. HHBarker :RH

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    "ocrText": "June 12th, 1928.\nHammer Radium Company,\n622-23 Central Savings Bank Bldg.,\nDenver, Colorado.\nAttention Mr. R. F. Hammer\nDear Mr. Hammer:\nWe are quite aware that the publicity recently given the\nso-called \"Radium Poisoning\" cases has seriously impaired the business\nof those engaged in the distribution of radium and radio-active products.\nWe have given careful consideration to all possible means for combating\nthis publicity, and have arrived at a policy which we believe will in\nthe long run prove to be correct.\nThere is a grave question of doubt in our minds, as well\nas in those of a number familar with the situation, as to the condition\nclaimed by the complainants in this action, but unfortunately for us,\nalthough fortunate for the complainants, their legal counsel chose to\ntry these cases in the public press rather than in the courts, and we\nmust admit that he has been very successful. Through the publicity\nwhich he has given these cases the public sentiment has been so formu-\nlated that had we been forced to go to trial before a jury in this\ndistrict, we would have been unquestionably defeated - not on the facts\nof the case, but upon the opinions which had been formulated through\nreading the papers. In fact the publicity given the cases had forced\nthe New Jersey Courts to a point where I don't believe there is one\njudge in a hundred who would have had the courage to treat these cases\nas they should have been treated - that is not taking into consideration\npublic opinion.\nWe, therefore, deemed it advisable to buy our peace by\nsettling these cases, and for the time being satisfying the public. We\ndenied liability in these cases, and have so stated in our settlement.\nIt is our opinion that the complainants will in a very short period\nof time be normal in their health, insofar as any injury which they may\nhave received at our plant is concerned.\nHad we attempted to controvert the publicity given these\ncases we feel that such a procedure would have only tended to aggravate\nthe condition, rather than ally it. As you know news has been rather\ncarce of late, and there is nothing the press would have liked better\nin to have come to us with the statements of the complainants, and\nived our reaction, then gone back to the complainants with our story,\nYou must realize that in the Court of Equity, the Complainants\nd their case, but up to the time of settlement we had never\n1 our defense in court. For this reason you can see that it\nave been out of order and unethical for us to have attempted to\n-2-\ntry the cases through the press. It is our belief that the thing\nwill automatically die out, as there will be little or no news to be\nobtained as soon as the settlements have been completed.\nJust a few remarks regarding your theory as to what this\ntrouble may be ascribed:\nThe first case came to our attention in 1924, at which time\nwe had a thorough investigation made regarding any hazards that might\nbe involved in this industry, which included the toxic affects of the\nzinc, the impurities added to same, possible injurious affects from\nlicking brushes and radio-active materials. The result of this investi-\ngation indicated that there was no apparent industrial hazard existing\nin this work, but the person conducting the investigation stated that\ninasmuch as there was a similar condition existing among several of\nour employees not found elsewhere, and that he could find nothing hazard-\nous in any phase of the work, except a possible hazard existing through\nthe possible ingestion of small quantities of radio-active materials,\nhe felt that we should regard it as suspicious. Recommendations were\nput into force which would preclude the ingestion of any further mater-\nial. I might add that in the application of luminous material to\nwatch and clock dials it was more or less a common practice to point the\nbrushes with the lips - a practice which was forbidden in our plant,\nbut not strictly enforced. The reason for forbidding this practice\nwas not on account of any belief or knowledge on our part that any\nindustrial hazard existed through such a practice, but that it was\nunsanitary.\nTodate we have knowledge that a few individuals, perhaps 5\nor 6, out of five or six thousand engaged in this industry throughout\nthe world, have acted as storehouses for radio-active materials, and\nwhether or not this has brought about a condition found in a number of\ngirls who have been engaged in this work, is questionable, but at least\nwe must regard it with suspicion.\nWe do not feel that this is at all comparable with the use\nof radium for medicinal purposes, either intravenously or per os, for\nthe conditions are quite different. As you are aware radium chloride\nhas been used more or less extensively internally since 1912 or '13,\nand there has not been one untoward affect reported to date. I have\ndiscussed this matter with medical men in our vicinity who are fully\naware of the situation, and they state that in their opinion there is\nnothing to be feared. Although some of the medical men who have\nserved as experts for the complainants feel that there is a hazard.\nI may say, however, that those who have served as experts for the\nplaintiffs are men with no training or previous knowledge or experience\nin the use of radium or radio-active materials.\nIn our investigation of those engaged in this industry we\ne devised tests for determining whether there is any possibility of\napplying luminous material, suffering from their work. One test,\nле make, is for the detection of small amounts of radio-active.\n-3-\nmaterials in the living person, and we consider this test of more\nimportance than the blood picture. With regard to the complainants\nthis test has been made, and they have been found negative. Even their\nblood picture does not show any condition abnormal to girls of a\nsimilar station in life.\nI have given this information strictly confidentially, and know\nthat you will treat it as such.\nWe are hopeful that as time passes the publicity given these\ncases will automatically cease, as you know the public soon forgets\nthings not constantly before its attention.\nCordially yours,\nVice President.\nHHBarker :RH"
}