Reprinted from Collier's Weekly, Nov. 4, 1905. {072}

"Here shall the Press the People's rights maintain.

Unawed by influence and unbribed by gain."

--Joseph Story: Motto of the Salem Register.

_Would any person believe that there is any one subject upon which the

newspapers of the United States, acting in concert, by prearrangement,

in obedience to wires all drawn by one man, will deny full and free

discussion? If such a thing is possible, it is a serious matter, for we

rely upon the newspapers as at once the most forbidding preventive and

the swiftest and surest corrective of evil. For the haunting possibility

of newspaper exposure, men who know not at all the fear of God pause,

hesitate, and turn back from contemplated rascality. For fear "it might

get into the papers," more men are abstaining from crime and carouse

to-night than for fear of arrest. But these are trite things--only, what

if the newspapers fail us? Relying so wholly on the press to undo evil,

how shall we deal with that evil with which the press itself has been

seduced into captivity?_

In the Lower House of the Massachusetts Legislature one day last March

there was a debate which lasted one whole afternoon and engaged some

twenty speakers, on a bill providing that every bottle of patent

medicine sold in the state should bear a label stating the contents of

the bottle. More was told concerning patent medicines that afternoon

than often comes to light in a single day. The debate at times was

dramatic--a member from Salem told of a young woman of his acquaintance

now in an institution for inebriates as the end of an incident which

began with patent medicine dosing for a harmless ill. There was humor,

too, in the debate--Representative Walker held aloft a bottle of Peruna

bought by him in a drug store that very day and passed it around for

his fellow-members to taste and decide for themselves whether Dr.

Harrington, the Secretary of the State Board of Health, was right when

he told the Legislative Committee that it was merely a "cheap cocktail."

The Papers did not Print One Word.

In short, the debate was interesting and important--the two qualities

which invariably ensure to any event big headlines in the daily

newspapers. But that debate was not celebrated by big headlines, nor any

headlines at all. Yet Boston is a city, and Massachusetts is a state,

where the proceedings of the legislature figure very large in public

interest, and where the newspapers respond to that interest by reporting

the sessions with greater fullness and minuteness than in any

other state. Had that debate {073}been on prison reform, on Sabbath

observance, the early closing saloon law, on any other subject, there

would have been, in the next day's papers, overflowing accounts of

verbatim report, more columns of editorial comment, and the picturesque

features of it would have ensured the attention of the cartoonist.

Now why? Why was this one subject tabooed? Why were the daily accounts

of legislative proceedings in the next day's papers abridged to a

fraction of their usual ponderous length, and all reference to the

afternoon debate on patent medicines omitted? Why was it in vain for the

speakers in that patent-medicine debate to search for their speeches

in the next day's newspapers? Why did the legislative reporters fail to

find their work in print? Why were the staff cartoonists forbidden to

exercise their talents on that most fallow and tempting opportunity--the

members of the Great and General Court of Massachusetts gravely tippling

Peruna and passing the bottle around to their encircled neighbors, that

practical knowledge should be the basis of legislative action?

I take it if any man should assert that there is one subject on which

the newspapers of the United States, acting in concert and as a

unit, will deny full and free discussion, he would be smiled at as an

intemperate fanatic. The thing is too incredible. He would be regarded

as a man with a delusion. And yet I invite you to search the files of

the daily newspapers of Massachusetts for March 16, 1905, for an account

of the patent-medicine debate that occurred the afternoon of March 15 in

the Massachusetts Legislature. In strict accuracy it must be said that

there was one exception. Any one familiar with the newspapers of the

United States will already have named it--the Springfield _Republican_.

That paper, on two separate occasions, gave several columns to the

record of the proceedings of the legislature on the patent-medicine

bill. Why the otherwise universal silence?

The patent-medicine business in the United States is one of huge

financial proportions. The census of 1900 placed the value of the annual

product at $59,611,355. Allowing for the increase of half a decade of

rapid growth, it must be to-day not less than seventy-five millions.

That is the wholesale price. The retail price of all the patent

medicines sold in the United States in one year may be very

conservatively placed at one hundred million dollars. And of this one

hundred millions which the people of the United States pay for patent

medicines yearly, fully forty millions goes to the newspapers. Have

patience! I have more to say than merely to point out the large revenue

which newspapers receive from patent medicines, and let inference do the

rest. Inference has no place in this story. There are facts a-plenty.

But it is essential to point out the intimate financial relation between

the newspapers and the patent medicines. I was told by the man who for

many years handled the advertising of the Lydia E. Pinkham Company that

their expenditure was $100,000 a month, $1,200,000 a year. Dr. Pierce

and the Peruna Company both advertise more extensively than the Pinkham

Company. Certainly there are at least five patent-medicine concerns

in the United States who each pay out to the newspapers more than one

million dollars a year. When the Dr. Greene Nervura Company of Boston

went into bankruptcy, its debts to newspapers for advertising amounted

to $535,000. To the Boston _Herald_ alone it owed $5,000, and to so

small a paper, comparatively, as the Atlanta _Constitution_ it owed

$1,500. One obscure {074}quack doctor in New York, who did merely an

office business, was raided by the authorities, and among the papers

seized there were contracts showing that within a year he had paid to

one paper for advertising $5,856.80; to another $20,000. Dr. Humphreys,

one of the best known patent-medicine makers, has said to his

fellow-members of the Patent Medicine Association: "The twenty thousand

newspapers of the United States make more money from advertising

the proprietary medicines than do the proprietors of the medicines

themselves.... Of their receipts, one-third to one-half goes for

advertising." More than six years ago, Cheney, the president of the

National Association of Patent Medicine Men, estimated the yearly amount

paid to the newspapers by the larger patent-medicine concerns at twenty

million dollars--more than one thousand dollars to each daily, weekly

and monthly periodical in the United States.

[IMAGE ==>] {074}

Silence is the Fixed Quantity.

Does this throw any light on the silence of the Massachusetts papers?

{075}

Naturally such large sums paid by the patent-medicine men to the

newspapers suggest the thought of favor. But silence is too important a

part of the patent-medicine man's business to be left to the capricious

chance of favor. Silence is the most important thing in his business.

The ingredients of his medicine--that is nothing. Does the price of

goldenseal go up? Substitute whisky. Does the price of whisky go up? Buy

the refuse wines of the California vineyards. Does the price of opium go

too high, or the public fear of it make it an inexpedient thing to use?

Take it out of the formula and substitute any worthless barnyard

weed. But silence is the fixed quantity--silence as to the frauds he

practices; silence as to the abominable stewings and brewings that enter

into his nostrum; silence as to the deaths and sicknesses he causes;

silence as to the drug fiends he makes, the inebriate asylums he fills.

Silence he must have. So he makes silence a part of the contract.

Read the significant silence of the Massachusetts newspapers in the

light of the following contracts for advertising. They are the regular

printed form used by Hood, Ayer and Munyon in making their advertising

contracts with thousands of newspapers throughout the United States.

On page 80 [IMAGE ==>] {080} is shown the contract made by the J. C.

Ayer Company, makers of Ayer's Sarsaparilla. At the top is the name of

the firm, "The J. C. Ayer Company, Lowell,, Mass.," and the date. Then

follows a blank for the number of dollars, and then the formal contract:

"We hereby agree, for the sum of............ Dollars per year,........to

insert in the............. published at............... the advertisement

of the J. C. Ayer Company." Then follow the conditions as to space to be

used each issue, the page the advertisement is to be on and the position

it is to occupy. Then these two remarkable conditions of the contract:

"First--It is agreed in case any law or laws are enacted, either state

or national, harmful to the interests of the T. C. Ayer Company, that

this contract may be canceled by them from date of such enactment, and

the insertions made paid for pro-rata with the contract price."

This clause is remarkable enough. But of it more later. For the present

examine the second clause: "Second--It is agreed that the J. C. Ayer Co.

may cancel this contract, pro-rata, in case advertisements are published

in this paper in which their products are offered, with a view to

substitution or other harmful motive; also in case any matter otherwise

detrimental to the J. C. Ayer Company's interest is permitted to appear

in the reading columns or elsewhere in the paper."

This agreement is signed in duplicate, one by the J. C. Ayer Company and

the other one by the newspaper.

All Muzzle-Clauses Alike.

That is the contract of silence. (Notice the next one, in identically

the same language, bearing the name of the C. I. Hood Company, the

other great manufacturer of sarsaparilla; and then the third--again in

identically the same words--for Dr. Munyon.) That is the clause which

with forty million dollars, muzzles the press of the country. I wonder

if the Standard Oil Company could, for forty million dollars, bind

the newspapers of the United States in a contract that "no matter

detrimental to the Standard Oil Company's interests be permitted to

appear in the reading columns or elsewhere in this paper."

Is it a mere coincidence that in each of these contracts the silence

{076}clause is framed in the same words? Is the inference fair that

there is an agreement among the patent-medicine men and quack doctors

each to impose this contract on all the newspapers with which it deals,

one reaching the newspapers which the other does not, and all combined

reaching all the papers in the United States, and effecting a universal

agreement among newspapers to print nothing detrimental to patent

medicines? You need not take it as an inference. I shall show it later

as a fact.

[IMAGE ==>] {076}

"In the reading columns or elsewhere in this paper." The paper must not

print itself, nor must it allow any outside party, who might wish to

do so, to pay the regular advertising rates and print the truth about

patent medicines in the advertising columns. More than a year ago, just

after Mr. Bok had printed his first article exposing patent medicines,

a business man in St. Louis, a man of great wealth, conceived that it

would {077}help his business greatly if he could have Mr. Bok's article

printed as an advertisement in every newspaper in the United States.

He gave the order to a firm of advertising agents and the firm began in

Texas, intending to cover the country to Maine. But that advertisement

never got beyond a few obscure country papers in Texas. The contract of

silence was effective; and a few weeks later, at their annual meeting,

the patent-medicine association "Resolved"--I quote the minutes--"That

this Association commend the action of the great majority of the

publishers of the United States who have consistently refused said false

and malicious attacks in the shape of advertisements which in whole or

in part libel proprietary medicines."

I have said that the identity of the language of the silence clause

in several patent-medicine advertising contracts suggests mutual

understanding among the nostrum makers, a preconceived plan; and I

have several times mentioned the patent-medicine association. It seems

incongruous, almost humorous, to speak of a national organization of

quack doctors and patent-medicine makers; but there is one, brought

together for mutual support, for co-operation, for--but just what

this organization is for, I hope to show. No other organization ever

demonstrated so clearly the truth that "in union there is strength." Its

official name is an innocent-seeming one--"The Proprietary Association

of America." There are annual meetings, annual reports, a constitution,

by-laws. And I would call special attention to Article II of those

by-laws.

"The objects of this association," says this article, "are: to protect

the rights of its members to the respective trade-marks that they may

own or control; to establish such mutual co-operation as may be required

in the various branches of the trade; to reduce all burdens that may

be oppressive; to facilitate and foster equitable principles in the

purchase and sale of merchandise; to acquire and preserve for the use

of its members such business information as may be of value to them; to

adjust controversies and promote harmony among its members."

That is as innocuous a statement as ever was penned of the objects of

any organization. It might serve for an organization of honest cobblers.

Change a few words, without altering the spirit in the least, and a body

of ministers might adopt it. In this laboriously complete statement

of objects, there is no such word as "lobby" or "lobbying." Indeed, so

harmless a word as "legislation" is absent--strenuously absent.

Where the Money Goes.

But I prefer to discover the true object of the organization of the

"Proprietary Association of America" in another document than Article

II of the by-laws. Consider the annual report of the treasurer, say

for 1904. The total of money paid out during the year was $8,516.26.

Of this, one thousand dollars was for the secretary's salary, leaving

$7,516.26 to be accounted for. Then there is an item of postage, one

of stationery, one of printing--the little routine expenses of every

organization; and finally there is this remarkable item:

Legislative Committee, total expenses, $6,606.95.

Truly, the Proprietary Association of America seems to have several

{078}objects, as stated in its by-laws, which cost it very little, and

one object--not stated in its by-laws at all--which costs it all its

annual revenue aside from the routine expenses of stationery, postage

and secretary. If just a few more words of comment may be permitted on

this point, does it not seem odd that so large an item as $6,606.95,

out of a total budget of only $8,516.26, should be put in as a lump sum,

"Legislative Committee, total expenses"? And would not the annual report

of the treasurer of the Proprietary Association of America be a more

entertaining document if these "total expenses" of the Legislative

Committee were carefully itemized?

[IMAGE ==>] {078}

Not that I mean to charge the direct corruption of legislatures. The

Proprietary Association of America used to do that. They used to spend,

according to the statement of the present president of the organization,

Mr. F. J. Cheney, as much as seventy-five thousand dollars a year. But

that was before Mr. Cheney himself discovered a better way. The fighting

of public health legislation is the primary object and chief activity,

the very raison d'etre, of the Proprietary Association. The motive back

of bringing the quack doctors and patent-medicine manufacturers of the

United States into a mutual organization was this: Here are some

scores of men, each paying a large sum annually to the newspapers. The

aggregate of these sums is forty million dollars. By organization, the

full effect of this money can be got and used as a unit in preventing

the passage of laws which would compel them to tell the contents of

their nostrums, and in suppressing the newspaper publicity which would

drive them {079}into oblivion. So it was no mean intellect which devised

the scheme whereby every newspaper in America is made an active lobbyist

for the patent-medicine association. The man who did it is the present

president of the organization, its executive head in the work of

suppressing public knowledge, stifling public opinion and warding off

public health legislation, the Mr. Cheney already mentioned. He makes

a catarrh cure which, according to the Massachusetts State Board of

Health, contains fourteen and three-fourths per cent, of alcohol. As

to his scheme for making the newspapers of America not only maintain

silence, but actually lobby in behalf of the patent medicines, I am glad

that I am not under the necessity of describing it in my own words.

It would be easy to err in the direction that makes for incredulity.

Fortunately, I need take no responsibility. I have Mr. Cheney's own

words, in which he explained his scheme to his fellow-members of the

Proprietary Association of America. The quotation marks alone (and the

comment within the parentheses) are mine. The remainder is the language

of Mr. Cheney himself:

Mr. Cheney's Plan.

"We have had a good deal of difficulty in the last few years with the

different legislatures of the different states.... I believe I have a

plan whereby we will have no difficulty whatever with these people. I

have used it in my business for two years and know it is a practical

thing.... I, inside of the last two years, have made contracts with

between fifteen and sixteen thousand newspapers, and never had but one

man refuse to sign the contract, and my saying to him that I could not

sign a contract without this clause in it he readily signed it. My point

is merely to shift the responsibility. We to-day have the responsibility

on our shoulders. As you all know, there is hardly a year but we have

had a lobbyist in the different state legislatures--one year in New

York, one year in New Jersey, and so on." (Read that frank confession

twice--note the bland matter-of-factness of it.) "There has been a

constant fear that something would come up, so I had this clause in my

contract added. This is what I have in every contract I make: 'It is

hereby agreed that should your state, or the United States Government,

pass any law that would interfere with or restrict the sale of

proprietary medicines, this contract shall become void.'... In the

state of Illinois a few years ago they wanted to assess me three hundred

dollars. I thought I had a better plan than this, so I wrote to about

forty papers and merely said: 'Please look at your contract with me and

take note that if this law passes you and I must stop doing business,

and my contracts cease.'" The next week every one of them had an article,

and Mr. Man had to go....

I read this to Dr. Pierce some days ago and he was very much taken up

with it. I have carried this through and know it is a success. I know

the papers will accept it. Here is a thing that costs us nothing. We

are guaranteed against the $75,000 loss for nothing. It throws the

responsibility on the newspapers.... I have my contracts printed and

I have this printed in red type, right square across the contract, so

there can be absolutely no mistake, and the newspaper man can not say

to me, 'I did not see it.' He did see it and knows what he is doing. It

seems to me it is a point worth every man's attention.... I think this

is pretty near a sure thing.

[IMAGE ==>] {080}

THIS IS THE FORM OF CONTRACT--SEE (A) (B) (C)--THAT MUZZLES THE PRESS OF

THE UNITED STATES.

The gist of the contract lies in the clause which is marked with

brackets, to the effect that the agreement is voidable, In case any

matter detrimental to the advertiser's interests "Is permitted to appear

in the reading columns, or elsewhere, in this paper." This clause,

in the same words, appears in all three of these patent-medicine

advertising contracts. The documents reproduced here were gathered

from three different newspapers in widely separated parts of the United

States. The name of the paper in each case has been suppressed in order

to shield the publisher from the displeasure of the patent-medicine

combination. How much publishers are compelled to fear this displeasure

is exemplified by the experience of the Cleveland _Press,_ from whose

columns $18,000 worth of advertising was withdrawn within forty-eight

hours. {081}

I should like to ask the newspaper owners and editors of America what

they think of that scheme. I believe that the newspapers, when they

signed each individual contract, were not aware that they were being

dragooned into an elaborately thought-out scheme to make every newspaper

in the United States, from the greatest metropolitan daily to the

remotest country weekly, an active, energetic, self-interested lobbyist

for the patent-medicine association. If the newspapers knew how they

were being used as cat's-paws, I believe they would resent it. Certainly

the patent-medicine association itself feared this, and has kept this

plan of Mr. Cheney's a careful secret. In this same meeting of the

Proprietary Association of America, just after Mr. Cheney had made the

speech quoted above, and while it was being resolved that every other

patent-medicine man should put the same clause in his contract, the

venerable Dr. Humphreys, oldest and wisest of the guild, arose and said:

"Will it {082}not be now just as well to act on this, each and every one

for himself, instead of putting this on record?... I think the idea is

a good one, But really don't think it had better go in our proceedings."

And another fellow nostrum-maker, seeing instantly the necessity

of secrecy said: "I am heartily in accord with Dr. Humphreys. The

suggestion is a good one, but when we come to put in our public

proceedings, and state that we have adopted such a resolution, I want to

say that the legislators are just as sharp as the newspaper men.... As

a consequence, this will decrease the weight of the press comments.

Some of the papers, also, who would not come in, would publish something

about it in the way of getting square....."

[IMAGE ==>] {082}

This contract is the backbone of the scheme. The further details, the

organization of the bureau to carry it into effect--that, too, has been

kept carefully concealed from the generally unthinking newspapers,

who are all unconsciously mere individual cogs in the patent-medicine

lobbying machine. At one of the meetings of the association, Dr. R. V.

Pierce of Buffalo arose and said (I quote him verbatim):... "I would

move you that the report of the Committee on Legislation be made a

special order to be taken up immediately... that it be considered

in executive session, and that every person not a member of the

organization be asked to retire, so that it may be read and considered

in executive session. There are matters and suggestions in reference to

our future action, and measures to be taken which are advised therein,

that we would not wish to have published broadcast over the country for

very good reasons."

Now what were the "matters and suggestions" which Dr. Pierce "would

not wish to have published broadcast over the country for very good

reasons?" {083}

Can Mr. Cheney Reconcile These Statements?

Letter addressed to Mr. William Allen White, Editor of the Gazette,

Emporia, Kan.

By Frank J. Cheney.

The Great American Fraud The Patent Medicine Evil · 第 37 / 44 题