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.
Adams-Great-American-Fraud
, Toledo, Oh
Circulation, Daily. -^ C? r. -? ! lz? -. Circulation, W^eekhj- f^. y. J. . . . LL
It Is mutually agreed that this Contract is void, if any law is enacted by your State restricting or prohibiting the manufacture or sale of proprietary medicines.
Remarhs , -
Mdme of Paper. Per
CHENEY MEDICINEjC Per
Manager.
^^N^--yt^:^^:^Sru^y^. . . Couniy of- i. . . ,^^.
M. :^
THE "CONTRACT OF SILENCE. "
The two lines in heavy type are the "red clause. "
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--rmore than one thousand dollars to each daily, weekly and monthly periodical in the United States.
Silence is the Fixed Quantity.
Does this throw any light on the silence of the Massachusetts papers? Naturally such large sums paid by the patent-medicine men to the news-
papers sugges't the tliou<T^ht of favor. But silence is too important a part cf 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 golden- seal 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 w^eed. 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 sickness 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 74 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
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 J. 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 substitu- tion or other harmful motive; also in case any matter otherwise detri- mental 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 news- papers of the United States in a contract that "no matter detrimental to the Standard Oil Company's interests be permitted to appear in the read- ing columns or elsewhere in this paper. "
Is it a mere coincidence that in each of these contracts the silence clause is framed in the same words ? Is the inference fair that there is
the
,
-
? 12G
? 127
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 reach- ing all the papers in the United States, and effecting a universal agreement among newspapers to print nothing detrimental to patent medicines? Youneednottakeitasaninference. Ishallshowitlaterasafact.
"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
SIMPLE METHOD OF ENFORCING THE "CONTRACT OP SILENCE. "
A letter such as this was sent last February to every paper in Massa- chusetts which had a contract with any patent-medicine concern. There were very few newspapers uncontaminated by the red clause, and they all gave "prompt attention to the bill. " The name of the paper to which this letter was addressed is erased in order to shield the publishers from consequences that might follow.
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 w^ealth, conceived that it would help his business greatly if he could have Mr. Bok's article printed as an
:--
? 12S
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 effect- ive; and a few v/eeks later, at their annual meeting, the patent-medicine association "Resolved"--I quote the minutes--"That this Association com- mend 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 suaafests mutual understand- ing 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 hopetoshow. Nootherorganizationeverdemonstratedsoclearlythetruth that "in union there is strength. " Its official name is an innocent-seeming one--"The Proprietary Association of America. " There are annual meet- ings, annual reports, a constitution and by-laws. And I would call special attention tq 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 oppress- ive; to facilitate and foster equitable principles in the purchase and sale c* merchandise; to acquire and preserve for the use of its members such business information as may be of value ib them ; to adjust controver- sies 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 afew 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 g, word as "legislation" is absent--strenuously absent.
Where the Money Goes.
But I prefer to discover the true object of the organization of the "Pro- prietary 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 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 fr^m the routine expenses of stationery, postage and secretary. If just a
? r I
^
~~~" ^"^^ -TM-=. TM-- . ^
120
few more words of comment may be permitted on this point, does it not seem odd that so hirge an item as $(),60G. 95, out of a total budget of only $8,010. 20, should be put in as a lump sum, '"Legislative Committee, total expenses? "' And wculd not the annual report of the treasurer of the Proprietary Association of America be a more entertaining document if tliese "total expenses" of the Legislative Committee were carefully item- i;:ed ?
Xot that I mean to charge the direct corruption of legislatures. The Pioprietary Association of America used to do that. They used to spend, ;? (cording to the statement of the present president of the organization, ]Mr. F. J. Cheney, as much as seventy-five thousand dollars a year. But t]i;it was befcre Mr. Cheney himself discovered a better way. The fighting of public health legislation is the primary object and chief activity, the
POSTAL TELEGRAPH-CABLE COfMHY"^ ">>"';^h-'THE COiVllviERCIAL CABLE COJ^I FAN Y.
i
TELEGRAI^
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Rccvivr,! . tt
-iouss liill elc^t himdred ar. d twenty nisa di. <<arii6iR<<,ti. ng against proprietary medicines passed lower }iou<<e>> l^ In senate Monday.
Qraiek 'Srork neceeeary. Use your influence.
Willis Ehari^i. K. iE -? ' Ady,, Agt,
,.
*. ^
*
9b g d 520p,24
,
Eir. ghcimton KY Mar 10, 05 Spy,
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. _ ^ _ ;J|
THE TELEGRAM THAT SNAPS THE WHIP AT AMERICAN EDITORS.
This message means: "Publish an article in your newspaper and use every influence in opposing the passage of this bill. " And the newspapers do it on command.
very raison d'etre, of the Proprietary Association. The motive back of Ininging 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 aggre- gate of these sums is forty million dollars. By organization, the full effect of this monev can be got and used as a r. nit in preventing the pass- ao-e of laws whicli would compel them to tell the contents of their nos- trums, and in suppressing the newspaper publicity vshich would drive them into oblivion. So it was no mean intellect wliich devised the scheme whereby every newspaper in America is made an active lobbyist for the palent-medii iue a-sociation. Tlse m. \\\ wlio did it is tlie present president of the orgmization. its executive head in the work of suppressing pul)lic
? 130
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 patent medicines, I am glad that I am not under the neces- sity of describing it in my own words. It would be easy to err in the indirection that makes for incredulity. Fortunately, I need take no resp^^a* sibility. 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:
itfr. 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 by 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 Avas 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. "
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 news- paper in the United States, from the greatest metropolitan daily to the
7
7. . . ^l IQCK^' . Dollars per year.
. :
? 131
J. C. Ayer Company Manufacturing Chemists
Lowell, Mass.
Wt }\xreby agrtt, for the sum of
payahle in quarUrluA^istalments as earned, upon receipt of hill, to laser! ia i\\t . /A^M. OJiq. ^
poblisbed at
advertisement to average inches.
week in the weekly issue,-- . ^^^^-^^JimerT'each insertion to be at top of
y adjoining pure reading down one side and under- ttam of _ pagf; apart from other advertising.
_ ^ate of. ,
in tlu county of
the advertisements of i. C. Ayer Company, of Lowell, Mass. , during the
from date of first insertion
matter, arrangement, and date of publication, according to plates and copy furnished by them, the space and insertions to be as specified below, viz.
//^ ^ inc)ies. . . . . ,^^^2'i\L/. -. each
. . . times, each insertion to be at top of ^page, wholly adjoining pure reading down one side and under- . c^r:r:? rr. '*r<:>Trrr. page, apart from, other advertising (as paper
~ALSO / / adve. -tisement to average /. /. . . . :.
--<rfci-X</:a^.
neath, or at bottom, of.
week in the weekly 'ssue, . \-JL. . <^.
is made up on
We also agree to notify J. C. Ayer Coopaoy of first insertion of these advertisements, to mail
one copy of every issue of the paper a,3 published to J. C. Ayer Company, Lowell, Mass. , during term of this contract, and to proThptly supply missing papers upon request.
Change in make-up bf paper or consolidation with another paper entitles J. C. Ay<< Company to select new position or cancel contract, as preferred by them.
First. -- It isa^ecdln case any lawor laws are enacted, either State or national, harmful to the intcrents of the J. C. Ayer Co. , that this contract may be cancelled by them from date of such enactment, and the Insertions mnde paid for pro rata with the contract price.
Second. -- It is agreed tliat the J. C. Ayer Co. may cancel this contract, pro rata, in case advertisementij arepublished in this paper in which their products are offered, with a view lo substitution, or other harmful tnotii-e ; also, in case any matter otherwise detrimental to the J. C. Ayer Co. 's interests is permitted to appear to the reading columns, or elsewhere, in this paper.
GuaranteedCirculation X. '^
DO NOT SIGN.
Rstum to J. &. AYER CO. for their accsptaDCQ.
Form of Contract (A).
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 repro- duced 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 exemplifled by the experience of the Cleveland Press, from whose columns ij;i8,000 worth of advertising was withdrawn within forty-eight
hours.
).
ling twelve months, I W>i^l' ill in
? 132
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. Certianly 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 which it was being resolved that every other patent-
Zowat,Mass. , kAa<L^. . 2L, 190^. _ ? (LaJt^^^^J. . ,
pvMishenof . Wi? :<<i:>>:! ;<fe^_
_ \yfip^. : . . . :. _.
D. earSir: Weherebyagreetopay. . . lX^. ^jfxA^:. . ^:U^! k? ^. . .
pvory I ^^ numthtj for one year's advertising i^th>> S<^. ^ciaa^cOo-^-\J\:ZOiruf/. . aspercontractsignedbyyou,asfollows:
Weekly--Ave d. ^inches62insertions,firstadvt. OR-. -^iZ^&? 3^>(>ca^ page, top of page with reading matter 5<<^ side0 and following, or
first advt. in col. and with reading jnatter io^ sidef, changed every issue,szr. Un&s, vnsMilmM, ^. ustntmg \srfirstfoU'
loieiing-reaidingn^sMer^ onscpamiicpageo}<<hebngedgwj'jy ittteriki>>, ami a Jitonthly notice.
itonlhlig JTatfeflfl t<< be-tstes^oS *n th>> mwJ WMb-4tf-<<>>eih mtmUn im the <ww type tnui mtwwHcity ^-ihe ^apor, mpart /Mw tthw jftiitm ani ,e. iMrtti$mi)mlt, Matter to be fumUhed by O. I. Bood Co. trnftrt tnetHiti, and fumUked to <<<< regutarty a$ th>> only pvm4 that the adveTH*om>>>>t U totay imt<<rl<<d.
It <s further agreed that the paymtmia ? koO ht <<m4<< yroMpfly on fvlfimeMt <<f tmtract, and that any faUure to ig^ advertSeememU <u epecified >>haU ba jlNjerfj node tip, or a eum pro r*ta noy be diecomtted at time of pai^mamt; oIm Mac WWWi %>> not to be gieen for ituertioii; if oar advertteemtnt U plmeei in ? iiitfi' iiiW'ifHi iifFi I iiniiiittiii fijiiiiiiiiiitiiiji w. III! fii II iiiijij riiiiiniif. (/ iiiifdiiii Miiii mmatBtShed notice eolttmn; oleoif tnake^p t^paper U changed, the advertleetneta wVUbtgixenpoMiononai^igeaeMpteMetoHe; and the pUttee for diaploj/ed adver- MeeaeaC*tk<Mberetimedohe>>eoBedfor. Additioneidieplafepeoectproret^
UMBmWIQfn ineertione of dteptoji required to tuetpaee epedfted.
Please instruct your foreman, that otir oontracA may be oorresU^ and faith-
PMjf executed; alto see that our name it properly entered on yo^r mailing litt, ' <Aot08maypromptlyreceivethepaper*upontheflritendoSevbeequent<iwer- MnUh <<<<d thereby ineure the proper entry of advertieement* to yottr eredii . -on
mr books.
It is agreed that the O. I. Bood Oe. gmv cancel this comtreet, fro rata, in east edetri
ttaement$ art publithed <>> this paper in fekieh tkttr vndittts are offtrtd, vith a tt*>> to eftbBtilutioH, or other hartnfitl motive; also, (>> ease ana matter otheriBtsc iitrimtntal to the O. I. Bood Co. 'i ittterttts is permitted to appear in the readin? columns, or elttwhere. in this paper.
In ease national or slate le^taHon shall be enacted adveroe to (he vummfielnre or sale at proprielam medicine, then thie eontraet shall, ot the option of the advertiser, be caneelfeSi 909. ment to be made pro rata for number of insertione aiten^
Trusting that our business relaMons may prove "mutually pleas' ant and profitaite, we take pleasure in subscribing ourselves.
Very truly yeurs, -.
Form of Contract (B).
medicine man should put the same clause in his contract, the venerable Dr. Humphreys, oldest and wasest of the guild, arose and said: "Will it 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.
? 133
but wlien we come to put in our puljlic 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, v. ould publish something about it in the way of get-
'
This contract is the backbone of the scheme. The further details the
Wi hereby agree to insert the advertisements of the Munyons H. H.
Circulation, Daily. -^ C? r. -? ! lz? -. Circulation, W^eekhj- f^. y. J. . . . LL
It Is mutually agreed that this Contract is void, if any law is enacted by your State restricting or prohibiting the manufacture or sale of proprietary medicines.
Remarhs , -
Mdme of Paper. Per
CHENEY MEDICINEjC Per
Manager.
^^N^--yt^:^^:^Sru^y^. . . Couniy of- i. . . ,^^.
M. :^
THE "CONTRACT OF SILENCE. "
The two lines in heavy type are the "red clause. "
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--rmore than one thousand dollars to each daily, weekly and monthly periodical in the United States.
Silence is the Fixed Quantity.
Does this throw any light on the silence of the Massachusetts papers? Naturally such large sums paid by the patent-medicine men to the news-
papers sugges't the tliou<T^ht of favor. But silence is too important a part cf 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 golden- seal 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 w^eed. 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 sickness 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 74 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
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 J. 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 substitu- tion or other harmful motive; also in case any matter otherwise detri- mental 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 news- papers of the United States in a contract that "no matter detrimental to the Standard Oil Company's interests be permitted to appear in the read- ing columns or elsewhere in this paper. "
Is it a mere coincidence that in each of these contracts the silence clause is framed in the same words ? Is the inference fair that there is
the
,
-
? 12G
? 127
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 reach- ing all the papers in the United States, and effecting a universal agreement among newspapers to print nothing detrimental to patent medicines? Youneednottakeitasaninference. Ishallshowitlaterasafact.
"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
SIMPLE METHOD OF ENFORCING THE "CONTRACT OP SILENCE. "
A letter such as this was sent last February to every paper in Massa- chusetts which had a contract with any patent-medicine concern. There were very few newspapers uncontaminated by the red clause, and they all gave "prompt attention to the bill. " The name of the paper to which this letter was addressed is erased in order to shield the publishers from consequences that might follow.
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 w^ealth, conceived that it would help his business greatly if he could have Mr. Bok's article printed as an
:--
? 12S
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 effect- ive; and a few v/eeks later, at their annual meeting, the patent-medicine association "Resolved"--I quote the minutes--"That this Association com- mend 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 suaafests mutual understand- ing 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 hopetoshow. Nootherorganizationeverdemonstratedsoclearlythetruth that "in union there is strength. " Its official name is an innocent-seeming one--"The Proprietary Association of America. " There are annual meet- ings, annual reports, a constitution and by-laws. And I would call special attention tq 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 oppress- ive; to facilitate and foster equitable principles in the purchase and sale c* merchandise; to acquire and preserve for the use of its members such business information as may be of value ib them ; to adjust controver- sies 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 afew 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 g, word as "legislation" is absent--strenuously absent.
Where the Money Goes.
But I prefer to discover the true object of the organization of the "Pro- prietary 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 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 fr^m the routine expenses of stationery, postage and secretary. If just a
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few more words of comment may be permitted on this point, does it not seem odd that so hirge an item as $(),60G. 95, out of a total budget of only $8,010. 20, should be put in as a lump sum, '"Legislative Committee, total expenses? "' And wculd not the annual report of the treasurer of the Proprietary Association of America be a more entertaining document if tliese "total expenses" of the Legislative Committee were carefully item- i;:ed ?
Xot that I mean to charge the direct corruption of legislatures. The Pioprietary Association of America used to do that. They used to spend, ;? (cording to the statement of the present president of the organization, ]Mr. F. J. Cheney, as much as seventy-five thousand dollars a year. But t]i;it was befcre Mr. Cheney himself discovered a better way. The fighting of public health legislation is the primary object and chief activity, the
POSTAL TELEGRAPH-CABLE COfMHY"^ ">>"';^h-'THE COiVllviERCIAL CABLE COJ^I FAN Y.
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-iouss liill elc^t himdred ar. d twenty nisa di. <<arii6iR<<,ti. ng against proprietary medicines passed lower }iou<<e>> l^ In senate Monday.
Qraiek 'Srork neceeeary. Use your influence.
Willis Ehari^i. K. iE -? ' Ady,, Agt,
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Eir. ghcimton KY Mar 10, 05 Spy,
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THE TELEGRAM THAT SNAPS THE WHIP AT AMERICAN EDITORS.
This message means: "Publish an article in your newspaper and use every influence in opposing the passage of this bill. " And the newspapers do it on command.
very raison d'etre, of the Proprietary Association. The motive back of Ininging 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 aggre- gate of these sums is forty million dollars. By organization, the full effect of this monev can be got and used as a r. nit in preventing the pass- ao-e of laws whicli would compel them to tell the contents of their nos- trums, and in suppressing the newspaper publicity vshich would drive them into oblivion. So it was no mean intellect wliich devised the scheme whereby every newspaper in America is made an active lobbyist for the palent-medii iue a-sociation. Tlse m. \\\ wlio did it is tlie present president of the orgmization. its executive head in the work of suppressing pul)lic
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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 patent medicines, I am glad that I am not under the neces- sity of describing it in my own words. It would be easy to err in the indirection that makes for incredulity. Fortunately, I need take no resp^^a* sibility. 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:
itfr. 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 by 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 Avas 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. "
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 news- paper in the United States, from the greatest metropolitan daily to the
7
7. . . ^l IQCK^' . Dollars per year.
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J. C. Ayer Company Manufacturing Chemists
Lowell, Mass.
Wt }\xreby agrtt, for the sum of
payahle in quarUrluA^istalments as earned, upon receipt of hill, to laser! ia i\\t . /A^M. OJiq. ^
poblisbed at
advertisement to average inches.
week in the weekly issue,-- . ^^^^-^^JimerT'each insertion to be at top of
y adjoining pure reading down one side and under- ttam of _ pagf; apart from other advertising.
_ ^ate of. ,
in tlu county of
the advertisements of i. C. Ayer Company, of Lowell, Mass. , during the
from date of first insertion
matter, arrangement, and date of publication, according to plates and copy furnished by them, the space and insertions to be as specified below, viz.
//^ ^ inc)ies. . . . . ,^^^2'i\L/. -. each
. . . times, each insertion to be at top of ^page, wholly adjoining pure reading down one side and under- . c^r:r:? rr. '*r<:>Trrr. page, apart from, other advertising (as paper
~ALSO / / adve. -tisement to average /. /. . . . :.
--<rfci-X</:a^.
neath, or at bottom, of.
week in the weekly 'ssue, . \-JL. . <^.
is made up on
We also agree to notify J. C. Ayer Coopaoy of first insertion of these advertisements, to mail
one copy of every issue of the paper a,3 published to J. C. Ayer Company, Lowell, Mass. , during term of this contract, and to proThptly supply missing papers upon request.
Change in make-up bf paper or consolidation with another paper entitles J. C. Ay<< Company to select new position or cancel contract, as preferred by them.
First. -- It isa^ecdln case any lawor laws are enacted, either State or national, harmful to the intcrents of the J. C. Ayer Co. , that this contract may be cancelled by them from date of such enactment, and the Insertions mnde paid for pro rata with the contract price.
Second. -- It is agreed tliat the J. C. Ayer Co. may cancel this contract, pro rata, in case advertisementij arepublished in this paper in which their products are offered, with a view lo substitution, or other harmful tnotii-e ; also, in case any matter otherwise detrimental to the J. C. Ayer Co. 's interests is permitted to appear to the reading columns, or elsewhere, in this paper.
GuaranteedCirculation X. '^
DO NOT SIGN.
Rstum to J. &. AYER CO. for their accsptaDCQ.
Form of Contract (A).
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 repro- duced 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 exemplifled by the experience of the Cleveland Press, from whose columns ij;i8,000 worth of advertising was withdrawn within forty-eight
hours.
).
ling twelve months, I W>i^l' ill in
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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. Certianly 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 which it was being resolved that every other patent-
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D. earSir: Weherebyagreetopay. . . lX^. ^jfxA^:. . ^:U^! k? ^. . .
pvory I ^^ numthtj for one year's advertising i^th>> S<^. ^ciaa^cOo-^-\J\:ZOiruf/. . aspercontractsignedbyyou,asfollows:
Weekly--Ave d. ^inches62insertions,firstadvt. OR-. -^iZ^&? 3^>(>ca^ page, top of page with reading matter 5<<^ side0 and following, or
first advt. in col. and with reading jnatter io^ sidef, changed every issue,szr. Un&s, vnsMilmM, ^. ustntmg \srfirstfoU'
loieiing-reaidingn^sMer^ onscpamiicpageo}<<hebngedgwj'jy ittteriki>>, ami a Jitonthly notice.
itonlhlig JTatfeflfl t<< be-tstes^oS *n th>> mwJ WMb-4tf-<<>>eih mtmUn im the <ww type tnui mtwwHcity ^-ihe ^apor, mpart /Mw tthw jftiitm ani ,e. iMrtti$mi)mlt, Matter to be fumUhed by O. I. Bood Co. trnftrt tnetHiti, and fumUked to <<<< regutarty a$ th>> only pvm4 that the adveTH*om>>>>t U totay imt<<rl<<d.
It <s further agreed that the paymtmia ? koO ht <<m4<< yroMpfly on fvlfimeMt <<f tmtract, and that any faUure to ig^ advertSeememU <u epecified >>haU ba jlNjerfj node tip, or a eum pro r*ta noy be diecomtted at time of pai^mamt; oIm Mac WWWi %>> not to be gieen for ituertioii; if oar advertteemtnt U plmeei in ? iiitfi' iiiW'ifHi iifFi I iiniiiittiii fijiiiiiiiiiitiiiji w. III! fii II iiiijij riiiiiniif. (/ iiiifdiiii Miiii mmatBtShed notice eolttmn; oleoif tnake^p t^paper U changed, the advertleetneta wVUbtgixenpoMiononai^igeaeMpteMetoHe; and the pUttee for diaploj/ed adver- MeeaeaC*tk<Mberetimedohe>>eoBedfor. Additioneidieplafepeoectproret^
UMBmWIQfn ineertione of dteptoji required to tuetpaee epedfted.
Please instruct your foreman, that otir oontracA may be oorresU^ and faith-
PMjf executed; alto see that our name it properly entered on yo^r mailing litt, ' <Aot08maypromptlyreceivethepaper*upontheflritendoSevbeequent<iwer- MnUh <<<<d thereby ineure the proper entry of advertieement* to yottr eredii . -on
mr books.
It is agreed that the O. I. Bood Oe. gmv cancel this comtreet, fro rata, in east edetri
ttaement$ art publithed <>> this paper in fekieh tkttr vndittts are offtrtd, vith a tt*>> to eftbBtilutioH, or other hartnfitl motive; also, (>> ease ana matter otheriBtsc iitrimtntal to the O. I. Bood Co. 'i ittterttts is permitted to appear in the readin? columns, or elttwhere. in this paper.
In ease national or slate le^taHon shall be enacted adveroe to (he vummfielnre or sale at proprielam medicine, then thie eontraet shall, ot the option of the advertiser, be caneelfeSi 909. ment to be made pro rata for number of insertione aiten^
Trusting that our business relaMons may prove "mutually pleas' ant and profitaite, we take pleasure in subscribing ourselves.
Very truly yeurs, -.
Form of Contract (B).
medicine man should put the same clause in his contract, the venerable Dr. Humphreys, oldest and wasest of the guild, arose and said: "Will it 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.
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but wlien we come to put in our puljlic 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, v. ould publish something about it in the way of get-
'
This contract is the backbone of the scheme. The further details the
Wi hereby agree to insert the advertisements of the Munyons H. H.
