Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-27
PATENT MEDICINE men.
To Fight the Post Office De-
partment.
A FUND TO BE RAISED
LAWYER TO MAKE A TEST CASE
IN COURT.
Policy Of Government is to Issue Fraud
Orders Where Alleged Medicine
Has No Curative Power.
A FUND TO BE RAISED

An effort is being made to raise a fund
Tor the purpose of fighting. in the courts,
the vigorous crusade against certain patent
medicine concerns and exploters of pro-,
prietary medicines, recently inaugurated by
the Post Office Department. The depart
ment seeks, with the aid of government
scientists, to eliminate from among Ameri-
can advertised industries what is said to be
one of the most extensive frauds ever
practfced. The bureau of chemistry of the
Department of Agriculture has, at the re-
quest of the Post Office Department, ana
lyzed number of different remedies, and,
although the work is still in the initiatory
stage, sufficient evidence, 1t is said, has al
ready been discovered to warrant the con-
clusion that many of the widely advertised
patent remedies are rank frauds. Most OF
them. it is stated, rely on alcohol to pro-
duce temporary exhlaration and are likely
to lead eventually to chronic alcoholism.
Government control of the mails win. 1t
+ is believed, make it comparatively easy for
the department to drive out of business the
individuals and institutions which seek to
delude and defraud the public. The de-
partment has the power to exclude from
the mails every letter addressed to ana
every circular sent out by a concern which,
in the opinion of the Postmaster General.
Is conducting fraudulent business. The
department can. 1t Is said. go even further
and exclude from passage through the
mails every publication which persists IN
carrying the advertisements Of the con-
Germs so excluded. No legal proceedings
are necessary, 1t Is stated, to accomplish
these ends, and the entire burden of proof
rests on the proprietor of the patent medi-
cine or the concern to which the use OF the
public mails was forbidden.
Movement for the Fund.
MI
has caused considerable uneasiness among
patent medicine advertisers and it is to
prevent a wholesale issue of fraud orders
that the fund is being raised. The move
ment was inaugurated by Stanley Day, pub
Usher of monthly journal for advertisers,
and also the head of a well-known adver-
Using concern. lawyer, who Is said to
be one of the best informed in the country
on postal matters has been consulted, and,
1t is stated, has agreed to represent the
medicine men This lawyer has, it is under
stood. advised that the threatened action Of
the Post Office Department against the pat
ent medicine concerns in clearly Illegal
and cannot prevail If fought in the courts.
1t is said that arrangements have been
Tnade with this lawyer to bring a test case,
which. he says. will establish the legal
principle that the Postmaster General may
not issue fraud orders where no lottery
question Is involved. The fund. which is to
defray the expense of this test case, 1t Is
estimated that at least $500 will be re-
CURED at the outset. and 1t Is stated that
the lawyer who handles the case Is to re-
ceive fee OF $4,000 If he wins, making a
total of $4,000 to be raised. An effort is
being made to have 100 firms contribute
s25 each to the fund and agree to pay $100
more II the move is successful. The names
OF the subscribers are to be kept secret.
This is done. 1t is said. because there are
number of firms who would not openly
cnp frih 70 IN 1v0h frQ1l nd or n n
ing the i'll will Of the post office authorities
AS a reason for the combination Of adver-
tisers. it Is stated that 1t is doubtful II any
single advertiser will fight the matter, on
account of the expense of federal litigation.
as such cases are of infrequent occurrence.
and the few able men who devote them
selves to them have to be well remunerated
to make 1t worth while. -------.
Should this fund Of $4,000 materialize, an
extremely Interesting legal battle is looked
for. 1t Is not known just what action, II
any, the Post Office Department will take
when 1t is learned that a fund Is being
raised to Illustrate its plans. but it is
thought that it will not deter the authori-
ties in the least from carrying out the cam
paign mapped out. 1t is stated that the
department has enterted upon the crusade
against the alleged fraudulent medicine
concern only after careful thought and pre-
paration and it is also stated that the Post
master General has the assurance of the
Department of Justice that even If those
concerns excluded from the use of the mails
seek to compel a reversal VI tlle
ter Generals decision in the courts. such
suits will prove unavailing. Upon what
point the lawyer to be engaged by the med1-
cine advertisers bases his hopes for sue
cess is not stated, but it is limited that he
intends to secure d new Interpretation or
the fraud order law. and that he will at
tempt to show that the Postmaster General
cannot issue fraud orders unless lottery
question is involved.
Plans of Post Office Department.
The present plans of the Post Office De-
partment 1t is understood, does not con-
template the prosecution of any patent
medicine concern, nor will an official
sor be established to pass upon every pat
ent medicine advertisement appearing in
the newspapers. The department., 1t Is
understood, intends to eventually issue
fraud order against all remedies that are
shown by analysis made by government
chemists to contain harmful ingredients, or
which are composed of ingredients that
have no medicinal value in the complaints
for which they are designed and sold The
department also expects to notify the pub
Usher in whose paper the advertisement of
such concerns have come under the ban
is printed. and the publisher will be expect
ed to eliminate such advertisements from
all succeeding issues of his paper. In the
event of the publishers failure to elimi-
nate such advertisements the mails will be
closed to his publication.
A decision of the United States Supreme
Court in the case of a Chicago afternoon
paper published in 1895 is cited as carrying
with it full warrant for the course now pro-
posed by the Post Office Department.
n:.a Arad nyor 100 Wears