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OCR Page 1 of 4June 13th,1928.
Dr. R. B. Moore, Dean of Science,
Purdue University,
Lafayette,
Indiana.
Dear Dr. Moore:
I will endeavor to give you the status of the case in
the Courts of New Jersey at the time settlement was made.
As you are aware, Vice Chancellor Backes set September
25th, etc., as the dates for continuing the trials in the Court of
Equity to which Mr. Berry objected. lir. Berry was successful in
bringing pressure to bear on the Courts of New Jersey through the
public press, which they did not choose to avoid recognizing, and for
this reason Vice Chancellor Bacices advised Nr. Berry and our attorneys
to rest the case in Equity and proceed at law. He suggested this in
order to expedite matters, as he realized that we would reach trial at
law at a much earlier date than he could continue our hearings in
Equity.
We objected to this procedure, but the Vice Chancellor
stated that we could go ahead and have the trial at lam, and withhold
the final decision until the Court of Equity had completed its course,
which would in the meantime satisfy the public's demand for a trial.
The reason for Mr. Berry being in the Court of Equity was to enjoin
us from pleading the Statute of Limitations, and had we gone to law
we would have undoubtedly made this same pleading, but it is our
belief that the Judge would have referred this point to the Supreme
Court and proceeded with taking the evidence, which would have ment
that we would have been before a jury for trial. On this basis
Judge
Mountain, of the law court, had set June 11th, as the date for trial.
Through the services of Judge Clark of the Supreme bench, in the
capacity of voluntary mediator, we finally agreed to the settlement
as stated in the press.
The settlements were based on cash payment, together
with a pension for such a period of time as the se girls are or con-
tinue to suffer as a result of their work in our plant. Their con-
dition is to be determined by a Board of three medical men, who have
knowledge and experience in the use of radium, one to be appointed by
us, one by the plaintiffs and the third by the other two. It is our
opinion that this Board will do a great deal to clarify the situation,
as regards the health of these girls.
The medical men who have served to build this case, we
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