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BEFORE THE

OMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES

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HEALTH ACTIVITIES OF THE GENERAL GOVERNMENT.

The CHAIRMAN. Without objection, certain papers and letters at have been used by the committee will be printed as a hearing:

THE WHITE HOUSE, Washington, June 13, 1910.

MY DEAR MR. MANN: I inclose herewith a copy of the report from e Department of Commerce and Labor on the use of phosphorus isoning in the manufacture of matches, and on the question as to e legislation that could be adopted to meet the evils, of which the resident spoke to you this morning.

Very truly, yours,

Hon. JAMES R. MANN,

CHARLES D. NORTON,
Secretary to the President.

Chairman Committee on Interstate and Foreign Commerce,
House of Representatives.

DEPARTMENT OF COMMERCE AND LABOR,

OFFICE OF THE SECRETARY,
Washington, May 14, 1910.

MY DEAR MR. CARPENTER: Referring to your letter of the 6th stant, I now return the communication from Prof. H. W. Farnam id the copy of articles respecting use of phosphorous poisoning in le manufacture of matches.

Commissioner Neill advises me that the suggestions of this letter e timely. The results of an investigation instituted by the Bureau Labor are shown in the accompanying bulletin, No. 86.

At the present time the United States has the unenviable distincon of being practically the only large commercial country in the orld in which no effort is being made to prevent the use of white hosphorus in the manufacture of matches. As Professor Farnam oints out, most of the principal industrial countries in the world ave prohibited the manufacture, importation, or sale of matches > made.

A perfectly satisfactory substitute for white phosphorus has been und and is being used in all the European countries. The Diamond Latch Company has the control of the use of the patents for this ubstitute in the United States, but during our investigation its ormer president gave a letter to the bureau, offering to make such atents available to other manufacturers of matches in this country, Congress would enact legislation prohibiting the use of white

phosphorus in such manufacture. A copy of this letter is hereto attached. There can be no question but that the use of white phosphorus in the manufacture of matches should be prohibited in the United States without further delay.

I also inclose copy of letter written by me to Professor Farnam. Very sincerely, yours,

Hon. FRED W. CARPENTER,

Secretary to the President.

CHARLES NAGEL

CHARLES E. MCKENNA,

AKRON, OHIO, March 15, 1909.

Special Agent, Bureau of Labor,

Washington, D. C.

DEAR SIR: The Diamond Match Company, owners of patents for the use of sesquisulphide phosphorus for the manufacture of matche in America, believing this article to be a remedy for the prevailing trouble in manufacturing matches, namely, phosphorus necrosis, is willing to permit the use of sesquisulphide in the manufacture of matches in America if the Government provides for the prohibition of the use of white phosphorus by other manufacturers of matete, not owning an interest in the patent, they all to be put on equal terms with the Diamond Match Company as to the use of the patents. The Government of England has this last winter passed a bill pr hibiting the use of white phosphorus and providing for the use of the sesquisulphide on equal terms, as per copy of bill inclosed.

O. C. BARBER.

AMERICAN ASSOCIATION FOR LABOR LEGISLATION,
New Haven, Conn., May 4, 1910.

The PRESIDENT, Washington, D. C.

MY DEAR MR. PRESIDENT: The Association for Labor Legislation is emphasizing the subject of industrial hygiene. Many industria processes are attended with serious injuries to the health of the workers which could be obviated by proper care. We are at the very beginning of the study of this important subject in our country but the Bureau of Labor is to publish this week a study of phosphors poisoning, made by the secretary of our association, Dr. John B. Andrews.

This is a subject which has, as you doubtless know, engaged the attention of European governments for a number of years. Sever of them united in 1906 in a treaty completely prohibiting the use! white or yellow phosphorus in the manufacture of matches, and three others have since joined the seven. A copy of this treaty is inclosed. England, which at first held aloof from the treaty, passed an act to the same effect in 1908. A copy of this is inclosed. Our country has as yet done nothing. The Federal Government seems to b the one agency competent to properly deal with this subject and stamp out the evil. The disease is a dreadful one, and the remedy can be applied without any loss to important interests. I wis

y much that you could see your way clear to taking the matter with Congress. I am neither a lawyer nor a statesman, and refore feel diffident in suggesting definite measures. There are ree that occur to me as possible:

1. The United States might join the other nations in a treaty, ilar to the one inclosed. I am aware that this would at once se a constitutional question as to the power of the Federal Governnt. At one time I supposed that a general prohibition by treaty uld exceed the powers of the Federal Government. But I am ormed by high legal authority that this is by no means settled. 2. The Government might impose a prohibitory tax upon matches de with white or yellow phosphorus, like the tax on state bank

tes.

3. The Government might exclude such matches from interstate.

nmerce.

I realize the many important topics which are constantly demandyour attention and will therefore not present any extended argunt on this subject. The fact that ten of the leading states of rope have considered it important enough to be the subject of a aty is a sufficient proof that it is worthy of consideration.

Believe me, yours, respectfully,

HENRY W. FARNAM.

[8 Edw. 7.] White phosphorus matches prohibition act, 1908. [CH. 42.] ACT To prohibit the manufacture, sale, and importation of matches made with white phosphorus, and for other purposes in connection therewith.

Be it enacted by the King's most Excellent Majesty, by and with e advice and consent of the Lords Spiritual and Temporal, and mmons, in this present Parliament assembled, and by the authorof the same, as follows:

1. (1) It shall not be lawful for any person to use white phostorus in the manufacture of matches, and any factory in which ite phosphorus is so used shall be deemed to be a factory not kept conformity with the factory and workshop act, 1901, and that t shall apply accordingly.

(2) The occupier of any factory in which the manufacture of atches is carried on shall allow an inspector under the factory and orkshop act, 1901, at any time to take for analysis sufficient sames of any material in use or mixed for use, and, if he refuses to do , shall be guilty of obstructing the inspector in the execution of s duties under that act: Provided, That the occupier may, at the me when the sample is taken, and on providing the necessary appliices, require the inspector to divide the sample so taken into two arts and to mark, seal, and deliver to him one part.

2. It shall not be lawful for any person to sell or to offer or expose or sale or to have in his possession for the purposes of sale any matches ade with white phosphorus, and, if any person contravenes the rovisions of this section, he may, on complaint to a court of sumlary jurisdiction, be ordered to forfeit any such matches in his ossession, and any matches so forfeited shall be destroyed or otherise dealt with as the court may think fit; but this provision shall

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