New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-06
TRIBUNE REPLY
IN PULM0N0L SUIT
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Cont inued from page
rection Of a competent physician the
answer alleged that quacks selling pre-
tended cures for consumption nave con
tinucd TO 70 on successfully IN lmpos-
ing upon their victims. and that all o.
them. including the plaintiff, misuse the
United States mails by mailing men
dacious and fraudulent advertisements
as swell as through newspapers and
magazines. on billboards, IN railway
trains and by circuarizing, and
that among other advertisements ana
fraudulent announcements whlch IN"
plaintiff so caused to be sent through
tho United States mails was one IN
which the plaintiff claimed that "Pul-
monol" aided in the cure OF consump-
ton. and in which was presented
testimonial from woman who had
previously died OF consumption, al
fbouoh plaintiff had been besOught by
her daughter after the mothers death
not to make such use OF It:
Among ;hc subsequent allegations IN
the answer are the following:
"A 'ouack' is one who ignOrantly or
falsely prctcnds TO medical skill which
he does not possess or TO effect cure
Of a disease by means OF remedy
which he prcscribes therefor, and this
term is applied with peculiar force and
accuracy to such person, VINO, hav-
ing secured the legal right to practlse
medicine, abuses that right by vlolat-
ing the ethics Of the profession and
advertises, ignorantly and falsely, such
pretended ability to cure.
"The plaintiff is and for long time
prior to December 10, 1914, had been
quack.
"A fake is a thing fabricated, pre-
pared or prearranged fer the purpose
of deceiving.
"The plaintiffs pretended consump-
ton cure, called 'Pulmonol,' was and
is fake.
Fraudulent Cures"
Thee plaintiff displayed his quack-
erv more by his false statements than
his ignorance His manner OF making
such false statements public and eX-
plotting such fake consumption cure
puts him outside the pale Of the repu-
table part of his profession, and II
would be impossible, as the plaintlf
we'll knows. for him to secure, or. II he
did secure, 10 retain. membership in
any Of the regular and reputable medi-
cal associations of his profession.
III the plaintiff had in fact made the
discovery. as he claimed, Of remedy
that would effect a cure or be sub
stantial aid in ctfecting the cure Of
tubcrcular consumption the accepted
rules Of ethics of the medical profes-
sion. as well as the general sense OF
all intelligent people and common con
siderations Of humanity, would have
impcratively required Of him that he
make known TO the other members OF
the medical profession and to the world
generally such discovery, to the END
flat one Of the greatest scourges OF
civilized life might be obliterated or
its power 70 destroy human life sub
stantially weakened.
"The plaintiff knew that his claims
81 having discovered such remedy
were false. lie knew that If he should
make known 70 the medical profession
and 20 the public the nature OF ms
pretended discovery he would only have
made himself the object u ridlcu!e and
contempt ~
The answer alleges that the plaintiff
knsw and knows that the following
statement, published in "Thc Journal
Of the American Medical Association
was and is true:
Those who are selling fraudulent
consumption cures-and there are no
consumption cures OF the drug type
F that are not fraudulent undo by their
lying claims in the few months the
good thai has taken weeks, and posi-
bly, months, 20 attain"
IL Is further alleged that DR.. Payne
/ took advantage OF the characteristic OF
consumptives 20 believe that they are
approaching a cure 10 obtain from
/ those who had been deceived into us
( ING mis- medicine testimonials which
he know 20 be false as to the effect OF
its use. Also hat he obtained testl-
morials from ignorant persons who did
rot understand the ignifcance of what
they permitted 20 be said in their
names.
An advertisement Of "Pdlmono'' pub
Nshed in The New York Evening Jour
nal" IS cited a. IAN illustration OF the
{ vicious form o. advertising adopted by
the plaintiff, the statements made
d therein being known by the plaIntif TO
/ be specious and misleading"
"To q reporter from The Tribune,
the answer continues, "the plaintiff,
I who is man OF fiery temper, also
made this absolute statement: '"Pul-
monol" cures consumption In discus
f sion Of the subject with the reporter
the plaintiff used some language too
coarse to be reproduced IN print and
threatened 20 sue the defendant for
b libel If anything which the plaintiff did
not like was printed n The Tribune.
Ignorant Of tuberculosis.
"In advertising literature OF the
plaintiff statement was made by
him that he perfected 'Pulmonol after
ne had given his entire life 10 the
study of tuberculosis and disease Of
the Lungs. The plaintiff knew and
B knows said statement 20 be false.
He stated 10 representative OK