MEMM HX641 68689 RG960 Un3 Public protection of RECAP U^.S, LJo^VCJKfi^'^S >\^, p^^°0 ^- , ^<^ rrVrtVv <">;»«-€— O^ ri^ V a--<- ^ Voc>k fc— .x*-^( 'o^ Tov ^^'V ^Tn.a-v-*-* Avj^NoVvc- X ;. V er\,eofi^eto|9orfe College of ^fjpgiciansi anb burgeons d^titvmtt Hihvatp Digitized by the Internet Arciiive in 2010 with funding from Open Knowledge Commons http://www.archive.org/details/publicprotectionOOunit Public Protection of Maternity and Infancy HEARINGS BEFORE THE COMMITTEE ON INTERSTATE AND FOEEIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES SIXTY-SEVENTH CONGRESS FIRST SESSION ON H. R. 2366 A BILL FOR THE PUBLIC PROTECTION OF MATERNITY AND INFANCY AND PROVIDING A METHOD OF COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE SEVERAL STATES JULY 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 1921 ^ WASHINGTON GOVERNMENT PRINTING OFFICE 74654 ia21 PROTECTION OF MATERNITY: Committee on Interstate and Foreign Commerce, House op Representatives, Tuesday, July 12, 1921. The committee met at 10 o'clock a. m., Hon. Samuel E. Winslow (chairman) pre- siding. The Chairman. Gentlemen of the committee, we now have a quorum and can properly proceed to the business of the morning. This day, and 10 o'clock this morning, were determined as the time for l^eginning the consideration of a bill intro- duced by Judge Towner, of the House, which is denominated as H. R.. 2366. The title of it is, "A bill for the public protection of maternity and infancy, and providing a method of cooperation between the Government of the United States and the several States." The bill was considered in the last Congi'ess, and in consequence of that considera- tion a contention has been made that the hearings now about to be begun should be Wrtually no tiling; that the record of the last hearings was sufficient for the committee to use as a basis for arriving at their conclusions. It would seem, however, after con- sidering the question and in view of the many new interests which have been de- veloped, necesary to give Very careful consideration to the whole subject. I want to say for the benefit of those who are here on account of an interest in the bill, from one angle or another, that the hearings will not be confined necessarily to those who are for or against the bill. We have entering into the hearings the necessity of con- sidering the work which is now going on under the direction of the administration, the President of the United States and the Congi-ess; the commission appointed by Congress to look into the various departments of the Government with a \'iew to making a report, ultimately, in which they will recommend or not, as they choose, the consolidation of departments and other matters which are related thereto. The President of the United States has created a commission, the head of which is Gen. Dawes. That commission appears, broadly speaking, to have something of the same sort in mind. Then, again, there is another undertaking at the instance of the Presi- dent of the United States headed by Brig. Gen. Sawyer. That is known as the wel- fare department, and Gen. Sawyer and those connected with him are engaged in a study of the departments which might properly come under such a division of Govern- ment as is contemplated or thought of in connection with this welfare division. You can readily see, members of the committee and those who are here in interest, that it will be necessary for the committee not only to hear the arguments for and against this particular bill, but also to bear in mind the question of its availability or the wisdom of legislating on it at this time, and also Aarious other aspects which might conflict AA-ith any one of the several movements directed toward consolidation and concentration. I mention these matters in order that you may all have a fair understanding of the scope of these hearings. I A^-ish to say it is rather embarrassing for the committee to be obliged to mix up the possible considerations of these various endeavors in order to work out efficient and concentrated methods in connection with the consideration of the actual merits of tliis bill. So I A\'ish, quite in accord with what has been my particular experience A\"ith many of you, personally by word and more frequently by letter, to urge you to possess your souls in patience. This committee has not sidestepped nor aA'oided this issue at any moment. The chairman can be included in that statement. The committee has. however, had its manifest duties to perform in connection with the Government of the United States and the possiljle and logical operations of the Congress. We have thus far undertaken to consider matters as they have appeared in logical order, with a \\Q.\\ to fitting in with the general program, and it would never have been of any avail to have taken np this bill for consideration, so far as its passage through the House is to be considered. It could not have been reached. We therefore come to you, I believe — and I think it is due to the committee to haA-e this said — with a frank, flat statement that this bill coming up to-day is really in logical order for the first time. 6 PUBLIC PROTECTION OF MATEENITY AND UsTFANCY, The chairman will ask Judge Towner, who has introduced the bill, to make any statement he chooses in regard to presenting the side of those in favor of the bill, and we shall be pleased, if possible, to act in accord with what is agreeable to him and those associated with him. Mr. Towner. Mr. Chairman, I am very sure, for myself and for the supporters of the bill, we will be very glad, indeed, to act upon any arrangement for the hearing that the committee may determine. If you suggest that the time should be divided between those who are for the bill and those who are against it, we are perfectly willing to enter into any arrangement that may be suggested by the committee as to time, be it a small or a long time. That, of course, is for the committee to determine. We are perfectly willing and glad, indeed, to act upon any suggestion or any rule that the committee may make with regard to the hearing. Does the chairman desire to suggest any particular limitation of time? The Chairman. Judge Towner, the committee by vote directed the chairman to undertake to find out from those who contemplated making an appearance here the amount of time they thought would be needed to present their views, and to ask such leadership as there happened to be, if any, of the various interests, to indicate what time they thought was necessary. After a little conference with several of them, it appeared to the chairman that he never could get anywhere in that inquiry because the situation was such that it did not contribute toward that sort of a solution. For instance — and we might as well be frank about this entire matter- — the proponents of the bill were rather in favor of a short hearing. That statement was met by the opponents of the bill with a statement to the effect that the proponents had a long and successful inning when the bill was under consideration in the last Congress, but that they, in turn, for some reason or another, did not seem to be aware of the fact that the hearing was going on in time to get their forces together and make a fair and proper representation of their side. So that if the committee were to say that we will have so many definite hours and we will assign so many to one side and so many to the other, we would still be open to the objection that one side would perhaps be shut off and perhaps in the end the opponents would feel that they had not been fairly considered. On the other hand, if the proponents feel that the testimony given in the last Con- gress represents fairly their side and they are willing to rest on it. with perhaps a little supplementary testimony, that would help the cause, but when it comes to dividing the actual number of hoius between the two, it hardly seems practicable. Furthermore, there would be the consideration of those coming in from the outside who would be asked to give their testimony without any particular regard to the merits of the bill. So it is for the committee to determine whether or not they will establish so many hours, but so far as the chairman is concerned, he would think, perhaps, it would be well to let the hearing proceed for a little while and see if we can gauge the possibilities, and then come to some conclusion if the hearing should be too much drawn out. Mr. Towner. I presume that would, perhaps, be best. I could not tell anything about what time would be occupied with the indefinite arrangement suggested, but we are perfectly willing to act upon the suggestion of the chairman and will proceed with our affirmative testimony. The Chairman. Judge Towner, will you permit one more interruption? ]\Ir. Towner. Certainly. The Chairman. There are so many angles to this question that I found it impos- sible to arrange them all in my mind. We are now meeting at 11 o'clock. The com- mittee has previously expressed the opinion that they ought to stand ready to adjourn these hearings at 11 o'clock by virtue of the importance of the legislative business now under consideration. It might be helpful if from day to day we could decide just what we would do when the hearings opened, and I would like to take this occa- sion to ask the committtee to express themselves in respect to that consideration, so that the witnesses, and those in charge of them, may know, at the opening of the session just what program they will have to follow out. This morning we would have about 50 minutes if we adhered to the previous expression of the committee. Will the committee kindly determine that here and now so that Judge Towner and others may understand the situation. (Upon motion of Mr. Merritt, the committee decided to sit until 12 o'clock subject to roll calls.) PUBLIC PROTECTIOiSr OF MATERNITY AND INFANCY. 7 STATEMENT OF HON. HORACE M. TOWNER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF IOWA. Mr. Towner. Mr. Chairman and gentlemen, you will, perhaps, remember that during the last Congress the original bill passed the Senate and also was reported Ity this committee to the House, l)ut so late in the session that it was impossible to obtain action on the bill in the House. However, the House committee made a considera})le numl)er of amendments, and at the commencement of this Congress both Senator Sheppard and myself reintroduced the bill in exactly the form which you reported the bill; in other words, incorporating all the amendments that were agreed to by this committee during the last Omgress. During the present Congress hearings have been held in the Senate committee, and the Senate committee has reported the bill to the Senate favorably with certain amendments. H the members of the committee would like to have me go through those amendments and consider them, I will be glad to do so, or we can do that sub- sequently, just as you suggest. What is the desire of the committee regarding that matter? Mr. Barkley. Mr. Chairman, I would suggest that Judge Towner make a general statement now, and that the matter of the detailed amendments be taken up later on in the consideration of the bill. Mr. Towner. Very well. I will be glad to do so. Now, gentlemen of the committee, I shall not at this time take the time of the com- mittee to make any elaborate statement regarding this bill. It is so well known and your time is so precious that I do not care myself to occupy much time now. However, I think it would only be fair that I should have an opportunity, after the close of the ol)jections to the bill, to refer to them as briefly as possible. Gentlemen, this bill has attracted a great deal of attention; I presume as much be- cause of the opposition to the bill as because of its inherent merit. I confess that I have t)een very much surprised at the intensity of the opposition to this bill from certain quarters. I think I am justified in saying that in a great measure that arises from an entire misapprehension regarding the bill. I notice in glancing over the testimony of those who have opposed the bill that in some way or other they seem to assume that this bill creates a sort of overlordship located here at Washington, over all the homes in the country; that this institution is to ])e created for the purpose of de- termining just what the members of the families of the people of the United States should do. The origin of this bill, gentlemen, is very simple. There seems to exist in the minds of some of the opponents of the bill the idea that this is a sort of conspiracy hatched up for the purpose of obtaining this great power over the people of the United States and their family and home interests. The origin of this bill is very briefly this: The Children's Biireau here in Washington, cooperating with other institutions, both public and private, interested in child welfare all over the United States, very early in their work came to a recognition of this very important and terribly tremendous fact, that there was in the United States an unusual, a disgraceful amount of mor- tality arising from maternity cases, both as to the mothers and the children of the country. They also found out that there was a vast amount of apathy regarding this fact.' It seemed to be sometimes ignored, but, of course, in most cases it was the result mostly of ignorance of the facts. The Children's Bureau began making an investigation regarding the cause of this and regarding the possible cure of it. They found out that in the vast majority of cases the causes were of two general classes, ignorance and want of financial ability; in other words, poverty. Of course, there were other influences responsil^le for these conditions, but these seemed to be the primary ones. They also ascertained the still more important fact that wherever they were able to estal)lish in the States or in the cities systematic aid in these maternity cases, jjrincipally of a nursing and helpful character; that wherever they were able to do this they decreased this shocking mortality almost one-half, and in some cases more than one-half. Of course, the question was of such tremendous importance and the remedy appeared to be so effectual, when applied, that these women who have had this child-welfare work in their charge here in Washington, joined with other child- welfare associations all over the United States, concluded that they ought to do some- thing here, and that the National Government ought to do something, to stimulate the activity of those who were indifferent and to aid those who were not financially able to help themselves. So this bill was the result merely of those conditions, an effort to help, an effort to aid, an effort to stimulate the States to acti\'ity. Regarding the question as to whether or not this establishes an authority here in the city of Washington, that is determined to take over and impose on the people of 8 PUBLIC PROTECTION OF MATEENITY AND INFANCY. the United States aid or assistance in these cases, whether they want it or not, I think that the bill is a sufficient answer by its terms to that complaint. Let me say to you gentlemen that if there is anything in the bill yet existing that in the slightest degi'ee would, in your judgment, show an indication of autocratic i exercise of power, let us have it taken out. It will meet with no objection on the ^ part of the proponents of this bill. It is to aid, to encourage and to stimulate, not to control. If you will examine the amendments that have been made from time to time you will see that they have all been made with the desire to eliminate any possi- ble interpretation of that sort. I do not want to take up any more time with regard to the bill except that I would be glad to answer any questions that may be in the minds of any of the members of the committee before I introduce the other speakers. Mr. Chairman, I hand to you a communication which is addressed to you and to the committee and ask for such consideration of it as you see fit to give it. I also should like to introduce, either at this time, at some subsequent time or from time to time, as the gentlemen of the committee may desire, some statements in the form of petitions, not to enciunber the record but merely to indicate, as nearly as we may, the support which the bill is receiving. I assume, gentlemen, that there is nothing further it is necessary for me to state, and I will ask the committee to hear — — • Mr. Cooper (interposing). Before you proceed may I ask you a question? Mr. Towner. Yes. Mr. Cooper. Is it your attention to have the proponents of the bill speak first and then the opponents of the bill speak after that? Mr. Towner. I have been perfectly willing to agree to any suggestion that might be made. I suggested that the proponents of the bill would be perfectly willing to hear the objections and then introduce their testimony, but the chairman thought that would perhaps not be fair and, of course, I am perfectly willing to agree to any suggestion or arrangement that may be made. The Chairman. The chairman will say to Mr. Cooper and Judge Towner that the logical way to proceed with the discussion of the proposition, as we understand it, is for those who favor it to appear first. Mr. Towner. You are exactly right. Mr. Cooper. It seems to me that does not give the proponents of the bill any chance for rebuttal, so that I think the time should be divided between the opposition and those who are in favor of the bill. Mr. Towner. If there is any need for rebutting testimony I am quite sure the com- mittee will be perfectly willing to grant an opportunity to present it. Mr. Cooper. If that will be done I am perfectly willing to go along. Mr. Towner. I am perfectly willing to leave it to the judgment of the committee as to whether or not that shoidd be done. The Chairman. Unless the committee sees fit to change the order we will proceed as arranged. Mr. Towner. Mr. Chairman, I ask the committee- to hear Dr. S. Josephine Baker, who is the director of the child hygiene division of the New York City Board of Health. STATEMENT OF DR. S. JOSEPHINE BAKER, DIRECTOR CHILD HYGIENE DIVISION, NEW YORK CITY BOARD OF HEALTH. Dr. Baker. Mr. Chairman and gentlemen of the committee Mr. Graham (interposing). Before the lady proceeds, may I inquire whether she wishes to be interrupted? Dr. Baker. I would like very much to be interrupted and would like to have the committee ask questions. I appear before you as the official representative of the department of health of New York City, the commissioner having asked me to present to you the testimony we have on this subject in the hope that it might be of some value in, perhaps, clearing up the situation which seems to exist in regard to some of the features of the bill. We have had in New York the honor, I believe, of having been the originators of child hygiene work in this country, and we have had there for 13 years a bureau of child hygiene, which has cared for the health of the children of the city. It has been a rather large proposition, because we have about 135,000 births a year, and we have approximately 1,000,000 children in our public and parochial schools. The city has been extremely generous in its appropriations for this work, the budget for this last year amounting to about $900,000, and we feel that we owe to the citizens of New York, as well as to the citizens of the country, an accounting of our stewardship as to how this money has been spent and whether or not it i.e of value to do child welfare work in any community, and whether you can make a definite impression upon the PUBLIC PROTECTION OF MATERNITY AND INFANCY. 9 liealtli of a community by doing it. We liave carried out our work very generally along the lines which are provided by the Sheppard-Towner bill; that is, simply giving to the people of the community that information which it is necessary for them to have in order that they may keep well. There are, as you proba])ly know, in public health work two factors which are always essential: One is the community factor; that is, the community must provide cer- tain things for the people, and the second one is the individual factor. A person rnust be taught how to use the tools that are given by the community. As an illustra- tion, it is perfectly ol>vious, of course, that it is useless to tell a mother to give her baby good milk if the community does not provide good milk. On the other hand, if the community provides good milk and we do not tell the mother how to keep it we have been lacking in one of the very essentials. Consequently, we feel we have, first, the education of the community to do something for its people, and, second, the instruction of the people as to how to use these things that the community provides. So we have carried on in New York for this nuniber of years work looking to the reduction of the maternal and infant death rate and for the better health of the children of all ages. To digress for a minute, it has been rather startling to us in New York and a matter of a good deal of concern to have brought to our attention the figures recently gotten out by the Children's Bureau, namely, that the United States stands seventeenth on the list of civilized nations of the world in its maternal death rate, and eighth on the list in its infant death rate, a position which is appalling and of which we ought to be heartily ashamed. There is no doubt about that. Recently we have had testimony from William Travis Howard, of Johns Hopkins University, to the effect that the maternal death rate in the United States, as he expresses it, is more than double the Swedish death rate and 120 per cent higher than the English death rate. He says: "These rates, although calculated by a method more favorable than that used in comparative tables in which stillbirths are not taken into account, are probably unparalleled in modern times in a civilized country." Mr. Denison. "Wrhat authoritv are you quoting? Dr. Bake]{. I am quoting William 'Tra^^s Howard, who is at the head of the depart- ment of biometry and \dtal statistics of .Johns Hopkins University. He has written a pamphlet on The Real Risk— Rate of Death to Mothers from Causes Connected With Childbirth. I am reading from that pamphlet. Mr. Denison. Is that a recent pamphlet? Dr. Baker. Yes; it was published in jMarch of this year. Mr. Denison. Do you know upon v/hat he bases those statistics? Dr. Bakek. He bases them upon the official statistics of the birth registration area of the United States and the official statistics of the countries in question. He has compared certain European cities, where vital statistics were obtainable, with, certain American cities, such as Baltimore, Philadelphia, Boston, and New York, where vital statistics of equal credibility could be obtained, and he found that all of the" cities in the United States ha\e a maternal death rate which is very much higher indeed than the maternal death rate in the cities that were studied in Europe. Mr. Towner. Except New York. Dr. Baker. I was going to say that an interesting thing comes out there and that is this: Taking the United States cities that were studied he finds that the maternal death rate, based upon 10,000 labors, was 70.71 in Boston, 64.89 in Baltimore, 61.48 m Philadelphia, 46.11 in New York City. That is for all the death rates of mothers, but when you come to the preventable death rates of mothers— and what we mean by that is puerperal septicemia and the causes we know are preventable by the type ot work Ave are doing — an even more interesting situation develops. He finds that New Y'ork City has not only the lowest preventable maternal mor- tality rates of the cities of the United States, but has a lower preventable maternal mortality rate than any of the ciries studied in Europe. New York has a lower pre- ventable maternal mortality rate than any other city in the world that has been studied. I am presenting these figures to show that in my opinion there is no reason whatever why the rest of the United States should be suffering under this tremendous blot and be in the almost criminal condition of alloAving these mothers to die, when a city like New Y^ork, ^yiih all of its drawbacks, can, Avi'th the expenditure of a small amount of money and the use ofwell-defined methods, reduce its maternal mortality rate to this point. Mr. Newton. Have you any figiu-es showing the mortahtv rate before you estab- lished your child hygiene department and, if so, have you" compared those figures with the figures in other countries? Dr. Baker. Yes; you Avill find those figures in this pamphlet and vou will also find m the pamphlet this statement, which I would like to read into the record: 10 PUBLIC PROTECTIOlSr OF MATERNITY AND INFANCY. "The average total rate from all diseases connected with the puerperal state for New York City, (46.11 per 10,000 labors), conspicuously lower than that for any of the other cities of the United States under consideration, is over 35 per cent higher than that for Birmingham. The average rate for puerperal septicemia is not only lower than that for Birmingham, but the rate for this affection has fallen continuously throughout the 5-year period, and in 1919 reached the remarkably low figure of 11.41 per 10,000 labors. The reports of the department of health indicate that this result has been materially influenced by persistent and intelligently directed adminis- trative measures. While the rates (New York City) for the other categories are not so low as those for Birmingham , they are well below those for the other American cities in this group. " Mr. Newton. Is it your purpose to insert that brief in the record? Dr. Baker. I should be glad to leave the whole brief. This is an abstract; this is not the original article that I am putting in the record; it is an abstract. However, I should be very glad to leave the original article. (See pamphlet "The Real Risk — Rate of Death to Mothers froni Causes Connected ^\T.th Childbirth, by William Travis Howard, jr., reprinted from American Journal of Hygiene, vol. I., No. 2, Mar. 1, 1921). Mr. Mapes. Dr. Baker^ how are the statistics "sou are giving taken? Does the authority you quote base his calculation upon the per capita population of the different countries? Dr. Baker. This is based on the entire number of births occurring in a city, and the rates are usuallj^ per 10,000 births, in order to have an index. Mr. Mapes. And the figures are not based on the per capita population at all? Dr. Baker. No; they are based entirely upon the number of births in the different countries. The maternal mortality rates are iisually computed on the number of labors, so called, the number of confinements that have taken place or the number of children born, because they do not affect the entire population. For instance, it would not be fair to take the maternal mortality rate in a mining town, where there were very few women, and base it on the whole population of the town, and then compare it with the maternal mortality rate in some town where women were greatly in excess and base it upon the whole population of the town. Therefore, it is based upon the number of actual births that occur, which obviates any discrepancy. So those figiu'es are exactly on the same basis for all the different places. They are based on the same factors. Mr. GjiAHAM. Do you know whether these figures are controverted by anyone or disputed? Dr. Baker. They are not disputed: they are the official figures given out by the different cities and by the United States Census Bureau. Mr. Graham. The figures you are citing now are simply figures as to the deaths of mothers. Have you gone into the infant mortality proposition? " Dr. Baker. Not yet. Mr. Graham. In this report, with which you are doubtless familiar, how do the various large cities of the United States compare? I think you have cited a few of them, but, for instance, take different localities in the country. Is there any apparent discrepancy between the figures outside of the city of New York? Dr. Baker. The difficulty in answering that que.stion is the fact that practically all the cities are extremely negligent in regard to their birth registration, and I am sure you would not care to have me quote figures from the majority of the cities in the United States, because they are inaccurate. Mr. Graham. Take the city of Philadelphia and the city of New Orleans. Can you draw any comparison between them? Dr. Baker. No; because the city of Philadelphia has accurate birth registration, according to the Census Bureau, and is included in the birth-registration area, whereas the city of New Orleans is not, and it is not probable that any large number of their births are actually registered down there, so that any conclusion drawn from their statistics would not he dependable at all. Mr. Graham. The figures you give, or that this author gives, are entirely urban; that is, they are city figures, and there is no rural population included. Dr. I3aker. I have not attempted to quote from the whole article, but I may say that in it, without attempting to quote his words, he makes a very broad comparison between the entire United States registration area, which at the present time, 1 think, consists of about 26 States, where the birth registration is supposed to be fairly accurate. He compares this with European countries and draws the conclusions which I speak of, that the maternal mortality rate in this country, as a whole, is about 120 per cent higher than it is in England, for instance. In determining that percentage he uses the best available statistics which the Census Bureau is able to give, and those statistics are the only ones they are willing to state are at all correct for those 26 States. PUBLIC PUOTECrnON OF i\iATERNlTY AND INFANCY. 11 Mr. Cooper. In answer to the question Mr. Graham asked you a moment af^o, 1 believe it was stated before our committee at the last hesinng on this Vjill that the death rate in the rural distrirts, in a majority of cases, was f;;reater than it was in the lar very mucli better fitted at the present time to undertake this work. This is said without prejudice to its reorganization under a department of health. Their work in 20 PUBLIC PEOTECTIOlSr OF MATERNITY AND HSTFANCY. the past and tlieir relation with the various groups in the States already doing some work of this natiu-e, in my opinion, makes them far better fitted for the administra- tion of the bill than the Public Health Service, but I want to be distinctly under- stood that this opinion does not prejudice my conviction that all those activities should come together and be under one control. As things stand now, however, I think the legislation should place it under the Children's Bureau, and then, with reorganization of all health activities of the Government, it would naturally fall into the right place. Mr. Newton. They are in a position to immediately take up the work? Dr. Baker. In my opinion. Mr. Newtox. But the ideal method would be to have it all lodged in one Public Health Service? Dr. Baker. Absolutely; there is no question about that. Mr. Barkley. Then, assuming there would be such a reorganization, there need not be any identity of the work between the Public Health Service and this Children's Bureau, assuming they are all put under one department? Dr. Baker. Personally, I should think they ought to be. I understand, from looking over a chart prepared by Gen. Sawyer, that he has placed the functions of the Children's Bureau in what he calls a Di^dsion of Welfare, while in an entirely different division he has put the work now canied on by the Public Health Service, which has mainly to do with quarantine and control of infection, and apparently very little strictly educational work has been carried on. That, I assume, is open to change, Ijut at the present time these two types of work have been placed in separate di\'isiolis. Mr. Barkley. The Public Health Service is more or less the "medicated^' function of the Government, is it not? [Laughter.] Dr. Baker. It has had to do with corrective work very generally in the past. The greatest part of its functions, as I understand them, have consisted in the mainte- nance of quarantine, particularly with reference to our ports, and the control of diseases of an infectious nature. I do not think it has, until quite recently, con- cerned itself very much about these questions which are very largely social. Mr. Barkley. That is what I had in mind, that the Children's Bureau, which has made a special study of child life and which brings into play the human element and social element, is better qualified than a group of professional medical men to consider the welfare of the child and questions of child hygiene and infant and ma- ternal mortality. "Dr. Baker. You could hardly expect me to say that. [Laughter.] I can not assume that a group of well-quaUfied medical people could not administer this bill; nor do I subscribe to the assumption that the Public Health Service is not qualified. I simply wish to say, in the past they have almost exclusively devoted themselves to the control of quarantine and infectuous diseases; and while I believe they are, with- out doubt, qualified, they are not taking up and are not doing and have not interested themselves, so far as I know, in the type of investigation that the Children's Bureau has carried on. My personal and official opinion is the Children's Bureau is better qualified at the present moment than any other part of the Federal Government to administer this bill. Mr. Cooper. You spoke a moment ago of some chart Brig. Gen. Sawyer was pre- paring. What chart is that? Dr. Baker. I saw an article in one of the monthly magazines in which he gave a full outline of his proposed organization of the new department of public welfare. Mr. Cooper. I am ignorant about the general's doings; and by what authority is he doing that? [Laughter.] Dr. Baker. I do not know, Mr. Cooper. The Chairman. Will you kindly describe the organization of your New York department? Dr. Baker. Of the children's department? The Chairman. The nature of its organization — say its trustees or directors or what- ever the organization may be. Dr. Baker. The department of health itself is one of the organic parts of the city government and functions under charter rules and regulations giving it control over all matters relating to the health of the city. It has a board of health consisting of the health officer of the port, the police commissioner, and the commissioner of health. The commissioner of health is president, by virtue of his office. He is Dr. Roy»l Stone Copeland. The Chairman. Who are the other members of the board? Dr. Baker. The police commissioner, Richard Enright, appomted by the mayor, and Dr. Leland Cofer, who is the health officer of the port. Under the present arrange- ment he is an official of the United States Public Health Service detailed to that duty. PUBLIC PROTECTION OF MATERNITY AND INFANCY. 21 The Chairman. Two of the three members are physicians? Dr. Baker. Two are physicians now. The Chairman. Two out of three? Dr. Baker. I do not know whether the health officer of the port has to be a physician or not. The commissioner of health does not have to be a physician. The Chairman. Now go on through them. Dr. Baker. Then there are eight bureaus of the department of health. They have the bureau of cliild hygiene, which is divided into certain divisions.- We have, owing to our curious political distiibution of territory in New York, five boroughs and we find it necessary to have a borough chief in charge of each borough and each one of these chiefs has a number of supervising inspectors and nurses directly respon- sible to him. Under these supervisors are placed the staff of doctors and nurses who do the work of the field. The Chairman. What is the training of the nurses to whom you refer; are they graduate school nurses? Dr. Baker. They are all graduate nurses who have received the degree of R. N. from the State Board of Regents of New York, and who have then passed a civil- service examination. The Chairman. And you are at the head? Dr. Baker. Yes, sir. The Chairman. And so, taking yourself into consideration and all the field agents, they are all trained graduate nurses registered in New York State? Dr. Baker. I am not a nurse. The field nurses all are. We have also a large staff of physicians. The Chairman. And they ai'e registered under the New York State law? Dr. Baker. The doctors and nurses are, yes, sir. Then we have, of course, the necessary clerical staff, various types of what we call nurses' assistants, and then ■tenographers. The Chairman. Do they go into the field? Dr. Baker. Yes, sir. The Chairman. The assistants? Dr. Baker. Yes, sir. The Chairman. But under the direction of trained nurses? Dr. Baker. Yes, sir. The Chairman. Responsible to you and then to the board of governors? Dr. Baker. Yes, sir-. The functions we cover include prenatal work, the reduction of infant mortality, the care of abandoned and illigetimate babies; we have control of the day nurseries and orphan asylums, or institutions for dependent children, the examination of all children of preschool age, the medical inspection of all children in parochial and public schools. The Chairman. What class of people do that inspection work? Dr. Baker. Doctors and nui'sss. Then we have the enforcement of the child labor law — that part of it which pertains to the health of the children and the issuance of employment ceitificates. The Chairman. That is not done by nurses? Dr. Baker. The jjhysician examines the children; it is done by doctors. The rest of it is done by the lay staff. The work of the Bureau of Child Hygiene follows the child through fi'om the period before birth right up through the period of adolescence, and has health control, generally speaking, of the larger part of the children of New York City. The Chairman. Speaking particularly and not technically, but in a fair sense, can it not be said that your organization is strictly a medical organization, carried on by medical people, trained under medical conditions, and the examination of it and opirit of its thought and initiative of its ideas comes from medical assistance? Dr. Baker. I think, in order to answer that fairly, that I should have to say it is true I am a physician and that my staff are very largely physicians and nurses; but that the work of the reduction of infant mortality and maternal mortality is just as much a social problem as it is a medical problem and probably more of a social problem than it is a medical problem. We are not giving medicines; we are not treating sick people; we do nothing of that kind. We simply teach people how to keep well and readjust as far as we are able the bad effects of wrong environment, including the big social questions relating to their method of living, overcrowding, living wages, proper hygiene, care of the body, how much fresh air and exercise they need, how the babies should be taken care of and fed. Infant mortality is very largely a social problem and an economic problem. The Chairman. Let us assume that is so; but when it comes to the personnel of the directing force and oi^erators of your division, would it not appear from your 22 PUBLIC PROTECTION OF MATERNITY AND INFANCY. statement that the inspiration and direction comes from what might be termed a medical source? Dr. Baker. Yes, sir. The Chairman. How much money do you spend in your division? Dr. Baker. About 1900,000 a year. The Chairman. What percentage of that is for overhead and how much goes into the field forpe work? • Dr. Baker. I should hesitate to say positively. I should say possibly 5 per cent was overhead. The Chairman. You would not want to be quoted on that? Dr. Baker. I would not want to be quoted accurately on that. The Chairman. Would you be willing to put that in your testimony? Dr. Baker. I will. I can get it for you very readily, but it is approximately that. The Chairman. Have you studied the financial features of this bill so that you would want to testify as to the question of economy in operating under the bill or maybe under some other arrangement? Dr. Baker. As I remember the bill, it is approximately 5 per cent. The Chairman. I do not mean that. I do not want to waste any time if I can help it. Have you considered whether or not the expenses of operating under this bill, to obtain the results you desire and that we all desire, would be greater or less under the provisions of this bill or under the direction, say, of the Public Health Service? Dr. Baker. I can not see there would be any difference whatever in the admin- istrative costs, whether under the Public Health Service or the Federal Children's Bureau; but I should assume the administrative costs under either bureau may probably be greater than the administrative cost in a compact organization such as we have in New York City. The Chairman. Oh, yes; they are not comparable. But wouldn't you feel that it is quite likely there would be the cost of setting up an organization from the begin- ning to operate in behalf of the Children's Bureau; whereas the Public Health has its own set-up all over the country? Dr. Baker. No, sir; I can not see that that would make any difference. The Chairman. You think there would be no initial cost in establishing a new department under the Children's Bureau? Dr. Baker. I think not. The provisions of the bill, as I read them are that the States shall make up a program and submit it to the Federal bureau, and if it is approved by the advisory board created in the act the Federal Government there- upon appropriates the necessary money, and the work is carried out entirely under the State and all administrative expenses and overhead would be borne by the State. The Chairman. How long havft you bad, in New York, an accurate registration of the births of children? Dr. Baker. For about 15 years, I think, or a little longer than that. The Chairman. Has it been improving from year to year? Dr. Baker. It was 95 per cent perfect when it was accepted by the Census Bureau and since that time the registrar of records, I believe, now claims it to be 98 per cent perfect, which would show an improvement; but it is over 95 per cent perfect in any event. The Chairman. You would feel perhaps — I say perhaps — that the improvement in the death rate of children might be offset a little bit, might be offset in some manner, by the better registration of births? Dr. Baker. Not that 2 or 3 per cent would not have made any perceivable effect upon the death rate. The Chairman. About how many children are born now? Dr. Baker. About 135,000 a year. The Chairman. Three per cent of that would make quite a bunch. Dr. Baker. But that would be the births upon which you computed your death rate; it would not be your deaths; so that your computation per 1,000 would be affected very little indeed by that. Really, we have worked it all out and it makes a difference of hardly a point in the death rate either way. The Chairman. What has been the record in New York in respect to the death of children after they are a year or so old, for the next five years? Dr. Baker. The death rate of those children since we have been following it in the last 12 years, the death rate of the children between 1 and 5 and 5 and 10, has been reduced a greater proportion than the death rate under 1. This has followed almost in order in the group of children who have been growing Up gradually under this care, thereby showing they have not only kept alive the first year but are alive and well at the end of 5 years and then at the end of 10 years. PUBLIC PROTECTION OF MATERNITY AND INFANCJY. 23 The Chaiu.man. Would you welcome a transfer of your authority and your duties to the de])artnient of labor of New York State? Dr. IJakkk. Would I? The Chaikman. Yeft. Dr. Bakkk. No; 1 am perfectly HatiHfied and am getting on very well whore I am. I I^aughter. | The Chaiu.man. What would be your attitude if somebody would introduce a bill in the New York State Legislature or Aasembly which would provide that hereafter all boardn in New York which had to do with the work you are doing nhould come under the direction oi the commiasioner of labor of the State of New York; would you favor that or object to it? Dr. Bakkr. I would be somewhat in opposition to it. 1 would feel if the health .services had l)een doing this work apparently well for the last 12 or 15 years, and suddenly you introduced a bill to turn it over to the department of labor, I would oppose it just as much in the Federal Government as in the State government. The Chairman. Would you favor or object to it in New York State? Dr. Baker. As things are now in New York State, I must qualify my answer. The department of labor has never done any work of this kind; it has never attempted to do any work of this kind. The department of health has done it for 12 or 13 years and apparently with good results, and of course, naturally, I would object to turning it over to a department which knew nothing about it, did not pretend to know anything about it, and had done nothing with it. The Chairman. And for the reasons you assign? Dr. Baker. Yes. The Chairman. Now, when you come to the Federal situation, will you kindly suggest to the committee what work along infant care has ever been done by the Labor Department of the Federal Government. Dr. Baker. I tried a few minutes ago to outline that — the work of the Federal Children's Bureau. They have published quite a large number of pamphlets — I am quite sure Miss Lathrop would be better able to answer this than I can, but they have, since they were organized about eight years ago, done a tremendous amount of re- search work in the various cities and various communities throughout the United States, studying the causes of infant and maternal mortality and the best means by which they could be combatted. They have done a good deal of work, also, in regard to children at work in industries, which does not come under this bill, and three or four years ago they organized and carried out a children's year in the United States. Previous to that children's year there were, I believe, eight States that had a bureau of child hygiene. As a result of the propaganda and work done during the children's year, and the enormous interest aroused by the Children's Bureau, other States have started to organize bureaus of child hygiene, so that at the present time there are 35 States of the L'nion that have a child bureau of hygiene, and the number has increased from 8 to 35 as a result of the work of the Children's Bureau during the children's year. The Chairman. That is interesting; but the query was whether or not the Labor Department of the United States Goverament has ever Hndertaken to do any medical Avork or anything approaching medical work in respect of the causes of maternal and infant deaths, so far as you know? Dr. Baker. I am afraid, Mr. Chairman, I do not entirely comprehend your ques- tion. They are prohibited by the very nature of their being and the legislation that brought them into being, from doing administrative work; they are not allowed to do administrative work. Nor do I assume that this bill gives the Children's Bureau the authority to carry out administrative work in the various States. I would be opposed to it in such case. The Chairman. I am presenting this thought by \drtue of the inspiration which comes from your own testimony. You have set up pretty conclusively and answered pretty accurately that your work, and I think you are doing a most excellent work, is based and carried on under medical direction, and you do not want the department of labor of New York State to get their hands on it, because they have not done those things that the medical department of the State with which you are working have done. Now, I ask you, in order to bring the question to this bill, whether or not you find, in the relations of the Labor Department to the Federal Government, that they have done any more work on maternal and infant deaths than the labor department of New York State. Dr. Baker. Oh, emphatically. I believe we are confusing two different types of organization. The work of the bureau of child hygiene of New York (.'ity is distinctly administrative work. This bill provides that the various States carry out the admin- istrative programs we carry out in New York City. The Federal bureau is to act wholly in an advisory capacity in regard to the administrative program and pre- 24 PUBLIC PROTECTION OF MATERNITY AND INFANCY. sumably as to whether they are keeping up that program. Now, if the New York State department of labor has had as good a background as the Federal Department of Labor in the Children's Bureau, and had done anything like the work the Federal Department of Labor has done in fitting themselves to act in an advisory capacity, I certainly would have no objection to their advising me to the fullest extent on the administrative functions. The Chairman. How would you like to have the United States Goverimient, through Congress, legislate in such a way as to put your New York health organization, with which you are connected and of which you are the director, as to its future opera- tions, under any department of the Federal Government? Dr. Baker. As far as this bill is concerned, if you mean putting it under in that sense, I should have no feeling whatever about submitting any program we have in New York to the Federal Government for approval. The Chairman. And you would be willing to have the Federal Government step in and supersede the New York State authorities? Dr. Baker. No, sir; and I do not think there is anything whatever in this bill that supersedes the authority of the State by any Federal department; but, as far as this bill is concerned, any relation which this bill provides will be quite welcome in New York City. The Chairman. As the representative of the New York City organization, you are well satisfied with things as they are in the health department? Dr. Baker. Yes, sir. The Chairman. You do not want State interference, if you can help it? Dr. Baker. I would not mind if it were helpful; not at all. I should be glad to get advice any place I could. The Chairman. But would you look with favor upon the establishment or the passage of legislation in Ne^\ York State which would take your local department out of the hands of the local board of health? Dr. Baker. That is so intimately connected with all the questions of city govern- ment, Mr. Chairman, I think one can hardly answer it. I should not want to see just the bureau of child hygiene placed under State control and all the rest left in city control ; but certainly if the whole of it was placed in State control I should have no objection whatever to the bureau of child hygiene going along with it. The Chairman. But you do feel that New York City can take care of its own health functions? Dr. Baker. Yes, sir; and I look upon this in the light that the States will be stim- ulated to take care of th%ir own, and I think they should; and certainly adminis- tratively the bill provides they shall entirely take care of their own. The Chairman. Do you conceive that the proponents of this bill will deny any intention of them having any administrative authority extended to it by virtue of the authority it might get under this bill? Dr. Baker. May I say in that connection ■ The. Chairman. Say anything you want to, Doctor; we are here to learn. Dr. Baker. When this bill was first introduced in Congress there was a clause in this bill wliich provided for the organization in each State of a separate committee to work out a program under the general control of the Federal Cliildren's Bureau, and 1 appeared before the House committee in opposition to the bill on that ground. I am absolutely opposed to any Federal administrative functions in the States, and if tliis bill were to be so amended as to give administrative functions to a Federal department, to come into the States and carry on the work, I think I can promise you I will be down here to appear against it again. The Chairman. Now, I do not want to detain you too long; just one more question. Would you be in favor of amending this bill in such a way as positively to confine the duties and authority of the Children's Bureau to the point of being advisory to the proper organizations in the several States? Dr. Baker. I certainly would, and I look upon it as being so confined as it stands at the present time. Mr. Cooper. Just one short question, and I ask it for the record : Do you believe there is anything in the contemplated legislation or the bill which we are considering that would permit the Federal Government to take your work over in New York? Dr. Baker, No, sir; not in any way, or interfere in any way with the work we are doing. The Chairman. A member of the committee has asked me to ask you one further question, although I think you have already answered it: Are you opposed to haviag the Federal Government, through the Children's Bureau as established now by law, take on any absolute administrative authority? PUBLIC PROTECTION OF MATERNITY AND INFANCY. 25 Dr. Baker. Well, administrative authority may be construed in various ways. If you mean by that any direct administrative authority in the variou.s States, or any part of the various States, I am opposed to it; yes, sir. Mr. Lea. Doctor, in section 8 of this bill it provides: "That any State desiring to avail itself of the })eneiits of this act shall, by its agency described in section 4, submit to the Children's Bureau for its approval detailed plans for carrying out the provisions of this act. 1 hose plans shall include the provisions to be made in the State tor the administration of the act the provision of instruction in the hygiene of maternity and infancy through public-health nurses, consultation centers, and other suitable methods." Now, would you legard that provision as in any way contrary to what you have Btated? Dr. Baker. No. sir. Mr. Lea. That would give the national organization the right to determine the policy of the administration of the law, would 't not? Dr. Baker. I look upon the bill as it stands now, as giving the Children's Bureau simply the authority to pass upon the programs submitted by the States. The Child- ren's Bureau, by virtue of its knowledge with reference to these questions could standardize programs or make suggestions for the various States which would probably be much better, in many cases, than the methods which the States could work out for themselves. I am absolutely opposed to any administrative functions by the Federal Govern- ment in the States. But I can not assume that the Government could give out money for a program without considering the program determined upon. Mr. Lea. The State would have to subordinate its plans to this bureau? Dr. Baker. To get the money it would, but there is nothing compulsory about it. Mr. Lea. It could refuse to accept the benefits of this act? Dr. Baker. Absolutely. Mr. Cooper. Mr. Lea, may I say that under the Good Roads Association law, we require the State to meet certain conditions? Mr. Lea. Yes; this is the same plan. Dr. Baker. I should think it would be dangerous to give money from the Treasury of the Federal Government without some approval being given to the project for which it is to be spent. Mr. Lea. That is what I thought. Do you consider that objectionable? Dr. Baker. No, sir. Mr. Merritt. Doctor, I wanted to ask whether under the New York law there is any provision for maternity benefits; do the mothers get any bonus or bounty as mothers? Dr. Baker. No, sir. Mr. Merritt. Is free milk furnished to the babies? Dr. Baker. No, sir; they pay for the milk. When we find cases where they are unable to pay for the milk, by cooperation with relief and welfare agencies, we get the money and pay for the milk, and in that way give it to them free. But in the greatest proportion of these cases the mothers pay for the milk. Mr. Burroughs. Just one question, Doctor. I hope we do not tire you. Dr. Baker. I am very glad to answer. Mr. Burroughs. I wondered if you understood that the conditions were laid down in this bill with sufficient definiteness, upon compliance with which the States would be entitled to participate in this fund, and so that in case they were refused, unjustly, bj' the Federal officials, a mandamus would lie, or they would be compelled by the Federal courts or any courts to pay over the money; I mean, in case the conditions had been absolutely met? Dr. Baker. I do not see how a mandamus would lie, because I can not understand how, according to the provisions of the bill, there is any higher authority than this advisory board. Mr. Burroughs. In other words, it is left to their discretion? Dr. Baker. It is left to their discretion, and the bill seems to me to end there. I assume there might be a legal procedure which might get out through another group; but there is no appeal, apparently, from this advisory board. Mr. Burroughs. I wondered if you understood that. Dr. Baker. That is my interpretation of it. Mr. Towner. For the record, and also for the information of the committee, I want to read the act creating the Children's Bureau [reading]: "The said bureau shall investigate and report to said department " — that is, the Department of Labor — ''upon all matters pertaining to the welfare of children and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth rate, orphanage, juvenile courts, desertion, dangerous occupationd, accidents and 26 PUBLIC PKOTECTIOjST of maternity and IlSTFAlSrCY. diseases of children, employment legislation affecting children in the several States and Territories." Mr. Graham. May I ask Jndge Towner a question? The Chairman.* Certainly. Mr. Graham. When was this Children's Bureau organized? Mr. Towner. The act was passed in April, 1912. Mr. Graham. Do you know how much of an appropriation it carried in the current appropriation bill for the next period for that bureau? Mr. Towner. No: but Miss Lathrop can tell you. Miss Lathrop. Just what it had for the past year, I think, |270,000. Mr. Graham. Do you know how much it was for the first year? Mr. Towner. $25,000. Mr. Graham, judge Towner, how large a personnel has the Children's Bureau at this time, do you know? Mr. Towner. No; I could not tell you. I will say, Mr. Graham, all those figures Miss Lathrop can give you. I have not looked the matter up lately. The increase that would be possible in appropriations under the terms of the bill and the amend- ment adopted by the Senate would limit the administrative features and limit the expenditures, in so far as this bureau are concerned, to $30,000. Mr. Graham. Would that include the additional expenses provided in this act wherein it is stated that they may employ such additional help as they require, for instance, under section 6? Mr. Towner. That is exactly it. All of their expenditures are limited to 5 per cent in the original bill, and to 3 per cent as amended by the Senate committee. The Chairman. Will Dr. Baker resume just a moment for the benefit of the com- mittee? Dr. Baker. I will be glad to. The Chairman. Mr. Denison wants to ask you some questions. Mr. Denison. There is one point I want to get some information about, and that is the question pertaining to the administration of the work in New York. Do I understand that tie service of which you are the head has several centers or offices? Dr. Baker. Yes, sir. Mr. Denison. You have these centers or offir-ea, do you? Dr. Baker. Yes; we have an administiative office in each of our five boroughs. And then we have 68 housing babies' and children's health centers. Mr. Denison. Children's health centers? Dr. Baker. Yes, sir. Mr. Denison. What does that consist of ? Dr. Baker. Of a store, and rooms. Physically speaking, it is two or three rooms equipped with scales, and utensils, to show the mothers how to modify milk, and there is a doctor's table and desk, and so on. These are consultation centers, aleo, where the mdthers bring their babies, quite voluntarily, and have them examined, and the younger children also come there. Mr. Denison. What I called you back to ask you particularly was this: Does your department, or any of those connected with it, ever under any circumstances take the initiative in the administration of the benefits' you administer? Dr. Baker. No, sir. Mr. Denison. In other words, do you go out, or do your representatives go out and seek cases, or do you depend upon them to come to you? Dr. Baker. When we first began we used to take copies of the birth certificates as they came in, and the nurses used to visit the mothers and explain to the mothers the workings of our service. They asked them whether they had their own physicians, and explained to them that if they did not, that they could go to these places for assistance and advice. After that, such suggestions as we made we found they would gladly follow. They came in such numbers that inside of a year we had to give up any method of canvassing, and since that time we have hardly been able to take care of the cases that come to us, or to keep up with the demands on us. We do have our nurses go to the homes and teach the mothers and the family vital things about the baby's care. Mr. Denison. Do they go voluntarily, or only when they are called for? Dr. Baker. They go voluntarily. But there is nothing, so far as we have been able to observe, to lead anyone to suppose that this work is not more than welcomed. In fact, the people are very anxious for it. Mr. Denison. I was wondering whether or not, in the administration of the work, you sought out the homes or the mothers themselves, or whether you waited and let them seek you out? PUBLIC PllOTJiCTIOlSr OF MATERNITY AND INFANCY. 2? Dr. Bakeh. We do the latter entirely now, but in the beKinninf; we did go around and visit them, because it was a new work and we wanted to let them know about it. And they came to us in great numbers. They were very glad to know about our work. At the present time we send f)ut a copy of the birth certificate to every mother, and send a note along ^vith it asking her to keej) it as an evidence of the legal age of the child. And we call attention to the need of pn^per care for the baby, and tell her that if she does not have a physician of her own, or does not care to go anywhere else, the city is prepared to give her instruction for the care of her baby, if she chooses to have it. Mr. Dknison. And if she does choose to have it, and comes to vou, this service is all free? Dr. Bakeh. Absolutely. Mr. Denison. How far does that free service go? Dr. Baker. All of our service is free. Mr. Denison. Does the city furnish the nurses and the physician? Dr. Bakek. Our service is not for the care of sick people ; it is purely educational work, and teaching the people how to keep well; it is not the nursing of sick people at all. Mr. Denison. I assume that when the mother has given birth to a child there is more or less sickness. Dr. Bakek. No; we do not give attention to the mother at that time. In New York, in Manhattan there is an association known as the Henry Street Nurses' Asso- ciation; and in Brooklyn there is the Visiting Nurse Association, both of which asso- ciations are maintained by donations of one sort and another, and those associations are prepared to furnish nurses for such service at cost price, and they are maintained for the actual care of persons who are sick, and they will go to attend sick cases on call. And when we had cases where the mother is sick or the baby is sick, we send for one of those nurses. Mr. Denison. Your department does not handle those cases at all? Dr. Baker. No, sir; our work is purely preventive work. Mr. Denison. I did not get that in the first place. Dr. Baker. That is what I understand is the purpose of this bill. Mr. Mapes. I want to ask you a question or two, Dr. Baker. Your testimony has been so interesting that I hope you will consider it a compliment rather than otherwise that the members of the committee desire to ask you so many questions. Dr. Baker. I am very glad, indeed, to answer. Mr. M^lPes. I want to ask you a question along the line of Mr. Denison's question. I have forgotten how many cases in New York City you said were given personal attention. Dr. Baker. About 60,000 babies a year. Mr. Mapes. Sixty thousand babies a year? -Dr. Baker. Yes; that is babies. When it comes to school children we reach about a million school children. We have a doctor and a nurse in school every day. Mr. Mapes. Can you tell us in just a word what that personal attention consists of? Dr. Baker. Yes. The mother comes to the station, usually with her baby. She comes there either because she is pregnant or she comes with her baby. The baby is undressed, and it is given a thorough examination; inquiry is made as to how it is fed^ — and I may say that we have made great progress in the matter of feeding of children. A gi-eat deal of the infant mortality comes because of the lack of proper feeding, and we have induced most of the mothers who come to visit us to nurse their children . That is educational work and has been of great importance in the reduction of infant mortality rate. Mr. Mapes. I understood you to say in answer to Mr. Denison that the personal attention that you give is all given at the centers? Dr. Baker. That is given at the centers. But if the mother needs some instruction in the home, and we have reason to believe the home surroundings are bad, or that the mother should be taught how to modify the milk, the nurse goes to the home in the afternoon and the mother is given instruction as to the care of the baby, as to food, and how to modify the milk, and general care of the baby and baby hygiene. The babies are kept under observation through the second year, and then, if possible, followed up until school age, or at least up to five years. The Chairman. If that is all the questions, we are very much obliged to you; Dr. Baker. Mr. Towner. Mr. Chairman, I will ask the committee to hear Dr. Philip Van Ingen, clinical professor of diseases of children, college of physicians and surgeons, Columbia University, New York, and attending physician, children's department, Belle vue Hospital, New York. The Chairman. We will hear Dr. Van Ingen. 28 PUBLIC PEOTECTIOI^ OF MATEEIsTITY ANT) IlSTFAlSrCY. STATEMENT OF DR. PHILIP VAN INGEN, CLINICAL PROFESSOR OF DISEASES OF CHILDREN, COLLEGE OF PHYSICIANS AND SUR- GEONS, COLUMBIA UNIVERSITY, NEW YORK; AND ATTENDING PHYSICIAN, CHILDREN'S DEPARTMENT, BBLLEVUE HOSPITAL, NEW YORK. Dr. Van Ikgbn. Mr. Chairman and gentlemen of the committee, you have heard 80 much from the statistics given by Dr. Baker as to the needs of this work that I will not take up much of your time on statistics, except to emphasize some of them, in the hope that they will make still more impression. For that purpose I shall only empha- size a few of the high points. Please remember that last year, according to the mortality statistics of the Depart- ment of Commerce, Bureau of the Census, within the birth registration area, 14,488 women died from causes due to childbirth. Also please remember that among women of childbearing age, which is usually called from 15 to 45, for statistical purposes, more women die from causes connected with childbirth than any other cause, with the excep- tion of tuberculosis and influenza. Ten and two-tenths per cent of all the women from 15 to 45 who died during the year 1919 died from causes connected with childbirth. The Chairman. What year? Dr. Van Ingen. 1919. The Chairman. And that year only? Dr. Van Ingen. I have the figures here for that year only, but you will find that the figures apply to practically every year. Mr. Sanders. You say, except in tuberculosis and influenza? Dr. Van Ingen. Yes; unless I am mistaken, 1918 and 1919 were the only two years that the deaths connected with childbirth have not stood second on the list of the causes of death instead of third. There has been a slow but steady increase in the number of those deaths and the proportion of these deaths throughout the country. As good an authority as J. Whitridge Williams, professor of obstetrics, Johns Hopkins University, announced before the committee on Public Health and National Quaran- tine of the Senate, "When we come to study the death rate from childbirth we find that the results in the United States are appalling and that there has been compara- tively little improvement during the last 50 or 75 years. " Dr. Louis I. Dublin, statistician of the Metropolitan Life Insurance Co., informed me just before I came down here that there is a distinct though very slight tendency to increase in the mortality from puerperal causes, and unless some powerful influence is put to work this will go on. I have taken from the Mortality Statistics of the Bureau of the Census the mortality rates from causes connected with childbirth per 1,000 living births in the various States in the birth registration area, which I will be glad to leave for insertion in the record. The Chairman. Without objection the table may be inserted in the record. (The tables referred to are here printed in full, as follows:) Death rates from causes connected with childbirth per 1,000 living births in birth registra- tion area. 1915 1916 1917 1918 1919 California 8.0 Connecticut 5.6 4.9 5.1 7.2 7.6 6.0 6.7 6.8 6.5 7.4 5.6 7.0 5.7 8.2 7.1 7.5 10.4 11.4 8.0 8.6 9.5 9.2 8.6 7.8 7.8 8.0 10.8 9.7 6.2 Indiana - 8.4 Kansas 8.2 Kentucky 6.3 Maine 6.8 7.8 6.4 6.0 6.8 5.5 7.2 5.4 8.6 Maryland 8.4 Massachusetts , .-. ... 5.7 6.7 5.2 6.1 5.9 7.1 Michigan 7.7 Minnesota 6.7 New Hampshire 9.0 New York 6.2 North Carolina 9.3 Ohio 7.4 Oregon 10.1 6.4 6.6 7.0 5.8 6.5 6.3 10.5 9.8 6.8 Rhode Island . 11.2 Utah 5.9 6.3 8.2 7.4 5.7 8.6 8.0 10.7 9.9 6.0 8.4 Vermont 6.1 7.8 8.0 Virginia 8.2 Washington... . .... 8.6 Wisconsin ". 4.8- Rate, all States 6.1 6.2 6.6 9.2 7.4 In no State is there a downward trend except in Wisconsin. Rates for 1918 must be disregarded, as the: influenza epidemic had a very marked influence, influenza being particularly fatal in pregnant women. PUBLIC PIJOTKC'TION OF MATERNITY AND INFANCY. 29 Death rates from causes connected with childbirth per 1,000 living births in cities of over 100,000 population in birth registration area. Bridgeport, Conn New Haven, Conn... Washington, D. C . . . Baltimore, Md Boston, Mass Cambridge, Mass. . . . Fall River, Mass Lowell, Mass Worcester, Mass Detroit, Mich Grand Rai)ids, Mich. Minneapolis, Minn... St. Panl, Minn Albany, N.Y Buffalo, N.Y Nevi' York, N. Y Rochester, N. Y Syracuse, N. Y Pmladelphia, Pa Pittsburgh. Pa Seranton, Pa Rate, all cities . 1915 1916 1917 1918 6.4 5.4 6.1 8.3 0.5 5.9 4.5 6.0 7.0 10.1 8.5 9.1 7.6 7.1 6.9 9.1 8.9 11.6 8.3 5.0 5.2 6.5 11.6 3.6 6.2 6.0 5.5 6.8 3.9 7.0 7.6 6.7 7.7 9.1 9.0 7.1 7.0 6.5 8.4 6.7 5.7 7.2 11.6 5.6 5.7 5.2 6.9 4.7 7.6 5.0 9.5 S.5 7.0 9.3 10.7 6.0 5.4 4.9 7.6 5.6 5.3 5.1 7.3 6.5 4.1 5.5 6.1 5.1 5.7 6.9 8.0 6.8 7.5 6.4 9.7 7.9 9.2 10.0 10.1 8.3 8.8 8.2 12.1 6.4 6.5 7.0 9.6 1919 5.5 4.1 8.5 8.9 9.1 6.5 4.1 7.2 8.0 7.6 8.5 7.3 4.7 6.6 7.8 5.7 9.3 8.5 7.3 8.4 11.8 7.9 Only cities which have been in the birth registration area 4 years or over are included. Of these 21 cities, only 6 show a downward tendency. Figures for 1918 must be disregarded. (See State figures.) Dr. Van Ingen. When we come to the second purpose for which this bill is proposed, namely, the protection of infancy and promotion of infant hygiene, we must divide up the subject of infant mortality somewhat. Infant mortality is the number of j_ The committee met at 10.15 o'clock a. m., Hon. Samuel E. Winslow (chairLr^) presiding. The Chairman. The committee will be in order. Mr. Towner, when you are reac^^ we "will proceed. Mr. Towner. I am requested by Felix Cordova Davila, the Resident Commis- sioner of Porto Rico, to present this statement, which may be placed in the record with your consent, asking that the law be extended to Porto Rico. I ask that it be printed in the record. The Chairman. If it is agreeable to you, Judge, such documents as this which you may hand to the Chair will be read at the end of the presentation of your side, so that it may be embodied in the record at that place. ]Mr. Towner. Any arrangement that i* satisfactory to the committee is satisfactory to me. Mr. Rayburn. Before we proceed I would like to determine the policy of the com- mittee. Is it the intention of the committee to sit after 11 o'clock after to-day or to-moiTow, when the tariff bill will be under the five-minute rule? The ( 'hairman. That question may well be brought up at this time. Mr. Rayburn. My understanding was that we would not try to sit during the ses- sions of the House. I was detained yesterday, but I would like to be here and hear this testimony. But I must be on the floor of the House during the consideration of the bill. I thought the decision the other day was that we would not sit during the sessions of the House. The Chairman. That is quite true, but the observance of it has been rather neglected. Mr. Rayburn. I move that it be the sense of the committee that we do not sit during the sessions of the House. The Chairman. The committee has heard the suggestion of Mr. Rayburn. Are there any remarks? Mr. Graham. Mav I suggest to I\Ir. Ravburn a modification of that, making it after to-day? .... Mr. Rayburn. Well, I am interested in this matter to-day, because I want some time if I can possibly get it. Mr. Graham. I think in that case you are entirely right, then. Mr. Rayburn. I think the committee ought at an early date to determine about bringing these hearings to a close and providing time for the opponents and the pro- ponents of the measure. I think we could prolong these hearings all summer and probably not get much more information than if each side would designate six or eight people to present their case entirely to the committee. 40 PUBLIC PROTfTTO^ OF MATERNITY AND USTFANCY. The Chairman. Shall wfake the sense of the committee now upon that? If there are no further remarks, tl/'hair will ask all those members who are in favor of bring- ing this hearing this m'orj^°' to ^ close at 11 o'clock to manifest it by a show of hands. Mr. Mapes. Mr. Chai/an> I think it is essential that we deterinine what we are going to do while this t/^ measure is under the 5-niinute rule. The Chairman. If tf® i^ ^'^ objection, the Chair will include all the time from now to and including P 21st of July. Mr. Mapes. So far M ^^^ concerned, I would just as soon sit a little while longer to-day, but it does njf ©em to me that we can under that five-minute rule. The Chairman. Wh the understanding that the suggestion of limitation of the hour of session is t/i^clude all the time up to and including the 21st of July, the Chair will ask thosA"^oring the idea of adjourning at 11 o'clock each day to manifest it by a show of ha/^- (the motion w^^t and carried.) The CHAiRMAt/The preponderance of opinion appears to be in favor of adjourning at 11 o'clock, aiVit will be so understood. Mr. Hawe's. A- Chairman, it is quite apparent that we have witnesses here from all over the lyted States, and if this hearing drags, these witnesses will have to remain for a p/od of 10 days in order to testify for only a period of 20 minutes. We should have a/^rangement for nighf sessions, so that they can be taken care of. There is a, witness n^ from my State that at the rate we are going could not be heard for a week.~"f-t-isAher expensive staying in Washington. Mr. Map"*- ■'^^- Chairman, is it possible for Judge Towner or somebody in charge of the he/^S^ ^^^ *^® proponents to arrange to have those heard who are the most inconve^^^®*^ ^y staying here? Mr. ^wisEE. 1 will say to the gentleman that that is what we have been trying to do, SO''" as our witnesses are concerned. M^./Lea. Mr. Chairman, I would suggest that we try to make some arrangement abo/ limiting the time. So far as I am concerned I think that this matter ought to be/resented within a few hours for each side, and if the opponents and proponents of tj^ matter could agree on it, I believe it would facilitate an early disposal of the fatter. I think that the committee could get sufficient inforpaation on each side in A short time. Mr. Towner. So far as I am concerned, Mr. Chairman and gentlemen of the com- mittee, if you will give us two hours to-day we will close our testimony, with the understanding that a like limitation is placed on the other side with regard to the hours taken. The Chairman. Well, Judge Towner and members of the committee, as chairman I shall have to object to any such arrangement. I am here as an umpire under the circumstances to see that fair play is meted out to everybody. It is a matter of history and fact that the proponents of this bill had an unlimited time in the last session of Congress, talked as long and as much as they wanted to; no interruptions and no limi- tations. They had prepared an immense amount of evidence and brought it together in the form of a printed document, which the Government has published. Now, to come here and take hold of your opponents, who were not organized at the time, who did not know this hearing was going on, and shut them off at two hours, against a long series of days in the last Congress, plus the time they have had here, is manifestly unfair, and as chairman I can not subscribe to any such plan. I am perfectly -mdling and glad to help the opponents and^he proponents to get together and come to a reason- able agreement as to limitation, but I think the objection on the part of the opponents, who have not had a chance in coiu-t, should not be kept down to any few number of hours which it may take the propbnents to finish their case. I do not think that is an equitable arrangement. Mr. Huddleston. May I not ask. Judge Towner, whether the proponents of this bill would not be willing to fix a certain limit of time for their presentation of the case, without regard to the opposition, your initial presentation, with the opportunity to reply? Assuredly no useful prupose is attained by indefinite talk. I have no doubt myself that every possible thing that could be said on both sides of this ques- tion can be said in two hours on each side, and repetition, killing time, serves no useful purpose. Of course, witnesses may want to speak, may want to express them- selves, but if they have nothing new to say, what is the use of taking up the time? That is the point of view I have. We are here to get information, not to afford people an opportunity to get into the record. Mr. Towner. I entirely agree with the gentleman, and I have offered to submit the matter without any testimony whatever, relying upon the testimony that has been adduced already in the previous hearings. I have offered to limit it to a number of witnesses. I have offered to limit it to a number of hours. I Kill accept any limitation,, any arrangement that is reasonable. PUBLIC PROTECTION OF MATERNITY AND INFANCY. 41 Mr. HuDDLESTON. Can't you say what you want to say within a certain limit which you fix, and then you present the witnesses that you want to have talk? Mr. Towner. I would be ^nlling to do that. Mr. IIuDDLESTON. Then the other people do whatever they Hke to do. Mr. TowNEU. That is very true, but under those circumstances wouldn't it be fair that at least we should have a very limited amount of time in rebuttal testimony? The Chairman. That has been agreed to already. That was agreed to on the first dav of the hearing. Mr. Towner. Then we are perfectly willing that if we can have two hours to-day we will close, if we liave a short time for rebuttal after the clo.se. Mr. Rayburn. You can't have but half an hour to-day, because it is 10.30 now. Mr. Towner. We will close just as soon as it is possible. Mr. Graham. May I address an inquiiy to Mr. Rayburn? I don't know what time during the day — you probably don't either — that you will take your time on the floor, but I was wondering if we could take time tills afternoon for a session of the committee at some time that would not inconvenience you, and let the proponents of this bill finish. Mr. Rayburn. It always inconveniences me to be in committee when the House is in session, because I am always on the floor when the House meets. Mr. Graham. I know you are. • Mr. Rayburn. And I should object to a session of the committee in the afternoon. Mr. Towner. Would it suit you, Mr. Rayburn, to have a session to-night? We will close to-night if you like. Mr. Rayburn. Wellj that is a question for the committee to determine. I could not prevent that if I wanted to. I can prevent the committee from sitting during sessions of the House by objection, but I always meet with the committee when the House is not in session, when it meets. Mr. Towner. We are willing to do anything and everything that can be suggested that %vill be fair. _ The Chairman. Judge Towner, when you speak of two hours, do you want the time occupied by the delivery and answer of questions to the committee and from the committee deducted from your two hours or included? Mr. Towner. Well, I don't know. We will try and get along, Mr. Chairman, upon that proposition. I think we will be able to get through with everybody under those circumstances. _ The Chairman. The committee might not be able to get through, and if you don't give the members of the committee a chance to ask the questions that they have in their minds, there is going to be sonie trouble sooner or latex. Mr. Towner. I would say, Mr. Chairman, of course I had in mind the time that we would necessarily occupy. We have four witnesses that we want to introduce this morning, and while most of them will not be very long, one of the witnesses we regard as a very important witness, and it might be that the chairman would desire to ask some questions, and the members of the committee might desire to ask some ques- tions. Mr. Cooper. Mr. Chairman, I want to ask this question, if it is possible to find out of the opponents of this bill how much time they would like to have. Judge Towner has expressed himself. Now, if the opponents of the bill are here, or anyone is here to speak for them, I would like to find that out. The Chairman. Perhaps the chairman is in the best position to answer that. The opponents apparently have no combination of personnel or participation which would make it easily possible for them without notice to decide that question in answer to your proposition. We could, however, ask all those present who are opposed to. the bill to meet and if possible to organize for the piu-pose of considering the matter of time. So far as the Chair knows, there is a little bunch here and a little bunch there, and they have not been whipped up together under any arrangement of law and order, or for the purposes of propaganda, so that they are not in hand to decide until they may have met together. Now, it is only fair that we ask them to get together, and the Chair is under a certain obligation in respect of many people who have written in asking to be notified ahead of time in order that they may come. If the committee desires to have the chairman try to get the forces of the opponents, so far as he knows them, to get together \vith a \iew to limiting the time, it will be a great pleasure for the chairman to do that. Mr. Cooper. I for one w^ould appreciate it. Then we would know just what we are going to do. Mr. Towner. Mr. Chairman, shall I introduce the first witness? The Chairman. If you please. Mr. Towner. I will ask the committee to hear Cr. Ellen C. Potter, who is the di- rector of the division of child health of the Pennsylvania State Department of Health. 42 PUBLIC PROTECTION OF MATERNITY AND INFANCY. STATEMENT OF DR. ELLEN C. POTTER, DIRECTOR OF THE DIVISION OF CHILD HYGIENE, PENNSYLVANIA STATE DEPARTMENT OF HEALTH. Dr. Potter. l^Ir. Chairman and members of the committee, I feel very much like a horse that has been brought up to the hurdle twice and then bolted by the side of it, and now I realize I have got to go over on behalf of this bill. I presume that in your past you have at some time read Artemus V\^ard. You remember he says "the trouble with so many people is, they know such a lot that ain't so. " We who have been following the opposition to this bill for the last two and a half jears have begun to realize that that is one of the difficulties in regard to it, that the people who are against it know such a lot that "ain't so" about it. Now I am not going to take your time and mine to knock down the straw men that are set up in opposition to this bill, but I do want to tell you, if I can in the time that is allotted to me, what this bill will mean to at least one great State of the Union, and how it will work in connection with that State. Yesterday the question was asked: "What is the Children's Bureau now doing for the States?" i think possibly the State of Pennsylvania is in better position to answer that question than almost any other, because it is within the last two years that our division of child health has been organized as a part of the aftermath of the children's year which was mentioned yesterday as having been put on by the Chil- dren's Bureau about 1918. Our child health division bureau has been in existence in Pennsylvania fur approximately 2 years, but under my own direction for 14 months. When I was brought into this division my first act was to come to Washngton to the Children's Bureau to get all the information that I could as to the method of organiza- tion, budget, literature, and all that sort of thing; and I am quite frank to say that I received the most valuable information that any State director' could possibly get, and during the whole year and more that has intervened I have been in constant communication with the representatives of the bureau, asking them for advice of all sorts on all sorts of questions, and I have never been left without some satisfactory answer which I could put to good use in the development of the work in my own State. That being the case, it seems to me that it is not without significance that I should be sent by the official State organization down here to speak on behalf of this bill. We have had experience for a year and more with the Children's Bureau and still want more of it, which would be provided through the passage of this bill. It seems to me that other States as well as Pennsylvania would profit by anything that would make it possible for the Children's Bureau to gjve more ad^'ice and more help to a State. I am here not only on behalf of official Pennsylvania, but I am also here as representing the thi-ee great women's organizations of the State, the League of Women Voters, the Federated Clubs, and the W. C. T. U., of which I am a member, and these three organizations have cooperated with us in a very splendid way in making known to our own men in Congress the fact that the folks back- home did want the Sheppard-Towner bill passed. Not onlj^ so but these women have helped materially in insuring the success of the child health diAT-sion in our State. You know jtist as well as I that we are next to the richest State in the Union, and possibly as you think of that you will say, "Well, if you are so rich, why in the world don't you go ahead and do this work, if you think it is so well worth while doing?" There are two or three reasons which hold not only in our State but in other States as well, as to why we don't go ahead on our own. The first one is a fact which I feel is known to you, and that is that most legislators are timid about embarking on what seems to them a new undertaking in Government. They are timid about it, not appreciating that they have possibly the right to go ahead and create precedents. They are waiting to be shown by somebody liigher up that this certain thing is a legitimate function of government. They are not in the position that you are, to be familiar with what is going on in the nations across the sea, knowing that over there they have worked out as part of the governmental function the protection of infancy and maternity, a perfectly legitimate function of government; they are not familiar with those things as you are, and you are in your positions because the people back home have recognized in you capacities for leadership, and they have sent you here to provide that leadership, and legislatures back home are looking to you to indicate the way to proceed. In spite of the fact that Pennsylvania has not done anything in a very large way, Pennsylvania has done some things on its own initiative during this past year and has done it because, first, we have a governor who has really a vision for the welfare of its people; and then because he is advised by a commissioner of health who has imagina- tion and who sees that the whole future of public health is based on the protection of PUBLIC PROTECTION OF MATEBNITY AND INFANCY. 43 maternity and infancy, and that unless nations and States protect life at its source, they can not continue to be ^reat nations. And so, under the leadership of our j^ovemor and of our Commissioner of Health, we have modest appropriations with which we are going ahead on our child health work. Also at tliis la.-^! session of the legislature our men went so far as to pass an enabling act which said that if the Federal (lovernment does appropriate funds for the pro- tection of maternity and infancy — they went so far as to say old age — that the State of Pennsylvania would authorize its health department to accept such funds and to meet the conditions of the bill to carry out its purposes. They are waiting to be shown, and it takes a sum of monev to show people that sort of thing. The second reason why ^Pennsylvania and other States have not gone ahead in a large way on child-health work is due to one great American characteristic, which is that we do things much better, with much more entliusiasm and nerve when we do it as a mass movement, whether it is bii>-ing Liberty bonds, whether it is making surgical dressings, whether it is saving lives of mothers and babies. We do things as a mass better and in a very splendid way when we do not like to do it, when we are afraid to do it as individual units. You are the people who can create that mass movement for child welfare, which is certain to be the great fundamental work in public health in the years to come. When you, as you can in this bill, say to the legislatures back home, "We do believe that it is a proper function of government to save the lives of mothers and babies; we do believe that it is one of t^he most worth-while things in the world ; we believe in it so strongly that we are willing to go 50-50 for the next year with you on yoiir expenses to put this work across.'' When you say that, you will have placed the departments of health of the various States in a position to "show" their own legis- latures and to show their own people what can be done in this work for mothers and children. When they have been shown there will not he the slightest doubt in the world that adequate appropriations will be made by the States in the future to take care of their own work, because in this bill you say that "it is to be done by you, for your own babies, and for the mothers of those babies, and not by any higher power from outside the State." I have said "adequate appropriations." I understand that that is one of the greatest bugaboos in connection with this bill, that it is going to build up such tre- mendous appropriations that will ultimately have to be taken out of the taxes. You have not as yet had experience with the thrifty administration of funds by women in official work. I can say most emphatically that as far as the work is concerned in Pennsylvania and the way that these funds will be applied and the way that this work will be carried on, just as we are doing it now in a small way, it will not build up huge obligations and taxes. Let me give you just one illustration that will prove that. Last June, in Lycoming County, the tuberculosis association wanted to make a special study. They wanted help from the health department. The only depart- ment that could give aid at that time was the di\ision of child health. There was no public health work done in that county except the tuberculosis work, which was done by our State, and which is pro\-ided for liberally in our State appropriations. I said to my agent who went up there — and by the way, she was a "nontechnical" person — "The thing that I want out of your help in that region are baby health sta- tions started in that county." There were no public health nurses up there, save one State nurse in tuberculosis. There were no baby health stations, no visiting nurse ser\-ice. On the 15th of last July the first baby health station opened; to-day there are two baby health stations in Williamsport, with a registration of over 500 babies in them. There is a \isiting nurse ser\ice established in Williamsport -with at least two nurses besides the super^•isor. Outside of Williamsport, in Little Jersey Shore, there is another baby health station with its own nurse and visiting nurse service, and on the other side of Williamsport, at Montgomery, is still another station with its own nurse and visiting nurse ser^ice. There are four public health nurse ser\-ices in that county, 500 babies registered in just one of the four clinics, and prenatal work going on in all those stations in a small way, but, nevertheless, going on. And you say, "How much does it cost?" ilr. }iIerritt. EIow were these baby stations started? Was it a private enterprise? Dr. Potter. Xo: my "nontechnical - agent went up there -nith the idea of organ- izing the community to do its own work. She brought together the people who were interested in the Red Cross, the Antituberculosis Society in our own State work, the League of AVomen Voters, and various other people. They got together and de- cided that they would establish community health work. The funds came from the Antituberculosis Society, from the Red Cross, and by voluntary contribution, and 44 PUBLIC PROTECTION OF MATERNITY AND INFANCY. all tills work is done without resort to the treasury either of the city of Williamsj. ort or the county of Lycoming, and the only expense that it has been to the State was the traveling and maintenance expenses of that agent, who was up there for possibly six weeks, and the munificent sum of $1.50 an hour which was paid to the doctor who had charge of the clinic for two hours each week — a perfectly splendid man. And that possibly might lead me to say that we have only 40 doctors on our pay roll, and we pay them at the rate of $1.50 an hour for their service. They usually serve about two hom-s a week, but we have scores and scores of physicians who are serving in our stations without compensation of any sort, and one whom I take great pleasiire in mentioning is the head of the pediatric section of the State Medical Society of Pennsylvania, Dr. Henry J. Curtin. So, you see, we have the backing of the medical profession in the work that we are doing, because we have demonstrated to them that this sortof work does not spoil the doctors' practice. It doesn't at all. In the city of Homestead, where last summer we made a special study of diarrheal diseases of children and where absolutely no treatment was given to the babies, liut advise was given to the mothers as to their care, the doctors told us at the end of the sum- mer that they had never had such a prosperous summer, as far as finances were con- cerned, and that they had never had such a satisfactory summer, in that they secured the sick babies before they were so desperately sick that they could not do anything for them. That is the way that it works out in one town, with no expense save that expense which was first incurred to bring the community together to a realization of what it could do for itself, and thatis what we believe this bill will make possible all over the United States. Mr. Graham. Let me interrupt you right there. That illustrates something that I want to speak of. I have had a little bit of experience with Federal bureaus and Federal commissions and boards, and so on. I have observed that they are the least efficient and the most extravagant of almost any institution in the country, while such enterprises conducted by commissions of State and in local communities, in places - like the city of New York, which Dr. Baker told us about, have been usually admin- istered efficiently and with a minimum cost. Now, the thought very strongly in my mind is, when the Federal Government gets into this thing, whether the appropria- tions will not mount by jumps and bounds and whether there will not be built up in the Government here, as I have seen done time after time, a great monumental organization that will expend large sums of money, and perhaps not efficiently. I would like somebody's idea about that. Fm-hermore, I want some one, before Judge Towner concludes with Ms list of wit- nesses, to tell me something about the legal phases of this proposition, as to the rights of Congress under the Constitution to make appropriations for tliis particular piupose, and as to the advisability of the Government making appropriations to be spent by the States for what has been heretofore considered exclusively State business. I have no doubt as to the desirability of this work, and, accepting the figm'es that have been given here as true, it appears very manifest that it ought to be done; but shall the Federal Government go into it in a financial way, other than establishing a bineau here which shall help the States to build up this work in their own way? Dr. Potter. As I understand the purposes of this bill, it is largely to teach and help the States to help themselves, the States in turn to teach their counties to help themselves. Mr. Graham. But added to that is the feature which I have grave doubt about, namely, appropriating sums of money out of the Federal Treasury, raised by general Federal taxation, giving it to the States to be used by the States in this work. Now, I want some Light on that. Dr. Potter. That would bring the highway construction and venereal-disease con- trol in question also. Mr. Graham. I understand. That argument has been made to me time and time again, that it is an analogous case, but irrespective of what the Congress has done in the past, what about this particular instance? I do not believe that it is a fair argu- ment for one to compare what we might do now with something that has been done heretofore, because what has been done heretofore may not have been well considered. Dr. Potter. That is very true. It seems to me, however, that it is just as strictly a function of Government to conserve life at its source as it is to conserve and to re- habilitate men who have been wounded and injured in battle. They are citizens of the United States; they have rendered great service to the Union, but there would be no Union, there would be no great United States, without the people in it, and the women and children are as much an obligation of the State, of the Government, Na- tional or State, as are these others. Mr. Graham. There is no greater asset of any State than its mothers and children. I agree with you on that, and there is nothing we are more interested in than the PUBLIC PROTECTION OF MATERNITY AND INFANCY. 45 conservation of these essential things, but we have a Government that is constitutional in its form, and we are limited to certain particular powers and functions — that is, the Congress of the United States, the legislative body, is. Now, what about the powers of this committee and the Congress to go into that sort of tiling? Dr. Potter. Someone other than myself, versed in constitutional law, would have to answer that question, because I don't know. Ass'uming that it has been legal to appropriate to States for other purposes — we started our venereal disease control tlirough grants on the 50-50 basis from the Government — assuming that those are legal, it seems to me that there is no question about the legality of the appropriation for the work for mothers and children. Mr. Graham. I suppose, Mr. Towner, later you will have some one speak on that subject, will you? Mr. Towner. Yes; I will be glad to take that matter up with the gentleman. It will be presented, and I can take it up in rebuttal. Dr. Potter. Now, may I answer just one other question? You spoke of the possible danger of building up a great organization in the Federal Government to carry out the purposes of this liill. I feel reasonably certain that not having had experience in the past, as you have not, with the administration done by womankind, that possibly you will find that the work is not built up in that way under the gmdance of a woman. Mr. Graham. I will welcome that day. [Laughter.] Mr. Cooper. May I ask you this question: Is it not a fact that the Federal Govern- ment does make large appropriations of money in which the States get the benefit for the prevention of disease in cattle and hogs and agricultural crops? Dr. Potter. Yes, sir. Mr. Cooper. No one objects to that. Dr. Potter. No; they have not in the past, at least. Mr. Rayburn. That is food for human beings. Dr. Potter. We want to keep the human beings alive to eat the food. Mr. Towxer. Both are to save human life. Mr. Rayburn. I understand that. Mr. Graham. There is a difference in theory, if I may suggest. There is this difference; Such appropriations as are made for the live-stock industry, we will say, are made on the theory that these appropriations are to be used by the Government to stamp out certain diseases in certain localities, which ultimately results in benefit to the whole country; but here is a proposition to appropriate directly to the States sums of money to be used by the States in this work. Mr. Towner. Mr. Chairman and Mr. Graham, may we not let Dr. Potter proceed now? We can take this matter up later and thrash it out among ourselves. Dr. Potter. The question arises, How urgently does the work need to be done? Poor old Pennsylvania, in spite of its favorable conditions, is about seventeenth down on the list of tlie States as to its infant mortality rate. Some of you were astonished at the rate Dr. Baker mentioned, 144 deaths per thousand, in New York City. In one of our towns, as reported in a publication issued by Dr. Van Ingen the other day, the death rate was 225 per thousand; in one of our counties the death rate was 170 per thousand. So that Pennsylvania does need to have this work done. The impression seems to be in many places that Pennsylvania is so densely popu- lated that it has a sufficient number of hospitals within easy reach of every one ; that it has doctors within easy reach and nurses also. I think some of you think possibly we have to take up our cots in the morning and store them away in order to get room enough to step around and do our work in the daytime, because we have one-twelfth of the total population of the United States in our borders; yet in our State there are vast stretches of tern to ly, populated territory, without a doctor or hospital or nurse, or even a midwife, and women and children die needlessly because they can not get the help that is needed. Let me give you just one illustration out of the northeastern corner of the State, from which I came just a few days ago. We have there, not in the employ of the State, but a woman doctor with a mis- sionary spirit. She goes out into those mountains, which are popular summer resorts of New York, New Jersey, and Pennsylvania and helps those women in the care of their children, carrj/ing the kind of instruction that we want to be able to send offi- cially and to help the counties to send officially into those regions. One day she had a case of a mother with her little baby with the croup. She showed that mother how to make a cold wet compress, which did relieve the condition and did save the baby's life. A day or two after that what do you suppose that mother did? She did the same thing other mothers -will do all over this land if they are only given the right instructions. She tramped 9 miles OA'er the mountains with her baby in her arms to go to the home of a sister who had a baby subject to croup, just as her own was, to show her how to put on cold wet packs, so that some time in emergency that baby need not 46 PUBLIC PROTECTIOlsr OF MATEKISriTY AND INFAIsTCY. die. Then she tramped over the trail 9 or 10 miles back. It is, as Dr. Baker says, from mouth to mouth in the tenements that the correct instruction is given, and so it will be on the mountains and plains. But some one must be there to start the right instruction to displace the old wives' tales. That same woman doctor by telephone from the forester's cabin was called in the dead of winter out to one of those little shacks on the mountainside where a new life was coming into the world. The roads were unbroken for days; the postman had not gone through, but with her sleigh and driver and pair of horses she went out to the end of the broken roads. Then the farmers turning out ahead of her, going from 7 o'clock in the morning till 7 o'clock at night before reaching that place on the moun- tains, and the baby coming at 9, the little shack was too small to hold the group that had gone up there to help, so they went over to the forester's cabin and were put up for the night, the forester's wife, a Virginia girl, giving to them the hospitality that Virginia knows so well how to give. Down the trail in the morning, the baby alive, the mother alive, and the women back there in the hills knowing that there was somebody there to help. It is that sort of thing that we want to do. Out in that region your good roads are going through. I drove over some of them the other day, and it is on those good roads that we want to send help out into the rural communities. What is the good of laying clown good roads if you are not going to follow it up with «the thing that is most essential — health and education — to go out into those regions? And it is in those regions that the feeble-minded and the degener- ate are being bred, in those regions that have been deforested and from which the tanneries have gone, and those people are either too poor physically, mentally, or financially to get out. They are breeding there like flies and dying like flies, and un- less we can send the pure breath of health and help, and have hospitals within reach, and have doctors within reach, we shall not have done our duty by the people in our State. Mr. Hawes. Doctor, I want to take advantage of your practical experience to ask you a few questions. I assume that there is not a man on this committee that does not want to help the work which you and your organization are interested in, but there are certain practical questions that we are not familiar with. You are a member of the board of health or of the health department? Dr. Potter. I am a member of the health department, not of the board. Mr. Hawes. Do you know the amount of the annual appropriation for the health department in the State of Pennsylvania? Dr. Potter. Somewhere between $5,000,000 and .?6, 000, 000 for the appropriation period of two years, which for the year would be $2,600,000 plus. We unfortunately had to l)e cat about $350,000 this year because so large a share of the State funds had to be given to education. Mr. Hawes. Between $5,000,000 and $6,000,000? Now, if this bill went through, you would have added to that first. $10,000 which each State gets; then your propor- tion of the $1,000,000, which we will say would approximate $30,000. So the total contribution of the United States, if you 'apply your $6,000,000 spent by Pennsyl- vania, could only be approximately $40,000. Is that correct?. Dr. Potter. I don't know exactly what it is, but if our State population is about one-twelfth of the total population of the United States that would be our proportion plus the $10,000. Mr. Hawes. That would be all that you would secure from Uncle Sam under this bill. Your organization acts U;nder the direction of the board of health of Pennsylvania? Dr. Potter. Under the commissioner of health, who has associated with him what is called an advisory board. Mr. Hawes. You have a department of labor in Pennsylvania, have you not? Mr. Potter. Ye", sir. Mr. Hawes. Would you like to have the health department transferred to the department of labor in Pennsylvania? Dr. Potter. 1 don't think it would be possible. Mr. Hawes. Yet this bill contemplates that 48 States, each having a hea,lth depart- ment, this work is carried on by that particular body; it is to be placed under the national direction of a department of labor. Is that correct? Dr. Potter. Not under the direction but under the advice and help and assistance. And we have learned in the past that that is so very well worth having that we are glad to have it. Mr. Hawes. Would it not be rather an anomalous situation to find 48 States were attending to this work under the direction of health department's, and now the Govern- ment comes in and directs it to be done under the Department of Labor? i PUBLIC PROTECTION" OF MATERNITY AND INFANCY. 47 Dr. PoTTKR. I think that in ansvvor to that I shoukl prartically ropoat wliat T)r Baker said yesterday, that in our State, as in New York City, we believe that idti- mately all the health fi'.nctionfi of tne (Jo/ernment ousi;ht to he under a department of liealth, and that we l)elieve that very probably in the reori^nxnizalion ])lans whieh are in proiji-esa, that will hap])(>n. We believe, however, that this woi'k is so tremendously important that it O(io;ht to l)e done at once; we believe that the bureau in whieh it is now vested is tlu^ one that should undertake it, and the future we believe will take care of itself in that necessary adjustment. Mr. IIawes. Doctor, we are witing a law, and T understand that the Child Bureau of the Department of T.abor has been an eminent succes-'s, directed })y women of ex- ceptional capacity, and they have acquired by experience an added abilitv, but wliy can not that de]iartment be placed under the national dej)artment of health,' the same as every other State function? Dr. Potter. You can make your laws just as you choose. Mr. IIawes. Would tliere be any objection if we changed voiir bill to pro\-ide for mo\Tin.a; the Children's Bureau from the Department of Labor to the department of health? Would there be objection to that? Dr. Potter. If there is a national department of health created, I should certainly think tliat the ( hildren's Bureau would function best there. The Chairman. The chairman regrets that he has to call attention to the fact that the hour of 11 o'clock has arrived, and by vote of the committee that means the termi- nation of this hearing, unless the committee sees fit to extend the time. Mr. Hawes. Mr. Chairman, I think we ought to give these witnesses a night session. Mr. Merritt. I move that the committee proceed until 12 o'clock. Mr. Hawes. I move, Mr. Chairman, that we hold a night session. Mr. Rayburn. I make the point of order, Mr. (Iiairman, that the House will be in session to-night if the program is carried out, and this committee can not sit during the sessions of the Horse, except by unanimous consent or consent of the House. The Chairman. Well, we niight get around it by saying that we would call the meeting to-night subject to the session of the House. Mr. Bayburn. To overcome the objection, if the House is not in session, we might meet at 9 o'clock in the morning or 8 o'clock in the morning — any time. i\fr. Hawes. In order to conform to Mr. Rayburn's objection, I will so amend my motion. The Chairman. Then that puts on the witnesses and on the committee the necessity of finding oi t whether the House meets, and coming and taking their chances. Mr. Hawfs. Then I withdraw my motion entirely, due to objection. Mr. Parker. Vr. Chairman, I move that we meet to-morrow morning at 9 o'clock. The Chairman. Are there any remarks on that motion? (The motion was seconded, put, and carried. Whereupon, at 11 o'clock a. m. the committee adjo' rned until 9 o'clock a. m., Friday, July 15, 1921.) Committee on Interstate and Foreign Commerce, House of Representatives, Friday, July 15, 1921. The committee met at 9 o'clock a. m., Hon. Samuel E. Winslow (chairman) pre- siding. The Chairman. The committee will come to order. Judge Towner, will vou resume, please. Mr. Towner. Mr. Chairman,. I will ask Dr. John A. Ryan, who is professor of economics of the Catholic University of America, and also is director of the National Catholic Welfare Council, to take the stand. STATEMENT OF REV. DR. JOHN A. RYAN, CATHOLIC UNIVERSITY OF AMERICA, WASHINGTON, D. C. The (Ihairman. Will you give your full name and residence? Rev. Dr. Ryan. John A. Ryan. Catholic University, Washington. I should like to preface the few direct remarks on the bill which I have to offer, with a word of explanation, especially since Judge Towner has just committed one of the mistakes which is involved in this explanation. Judge Towner referred to me as director of the National Catholic Welfare Council. I am^not that. I am director of one department of the council. Some time ago the National Catholic Welfare Council issued a statement in favor of this bill. A few weeks or months later a gentleman in this city, who I believe is actively identified with the opposition to this bill, asked me 48 PUBLIC PROTECTIOISr OP MATERNITY AND INPANCY. in the course of some correspondence on the subject, whether I thought the National Catholic Welfare Council intended actively to support the bill. I answered that my impression was that the National Catholic Welfare Council would not do any more than it had already done in its formal statement; that it would not engage actively in supporting or advocating the bill. That statement was taken out of my letter and printed, made the basis of a con- siderable editorial, in which it was argued that this statement of mine was proof that the National Catholic Welfare Council had seen the error of its ways in indorsing the bill, and was now going to withdraw, or practically had withdrawn its indorsement, because, the editorial said, the director of the National Catholic Welfare Council now writes thus. Well, the letterhead upon which I wrote would have shown the gentle- man that the directive authority of the National Catholic Welfare Council is in the hands of seven bishops. That I am merely director, and only one of the two directors of one of its departments, so that I have not the authority that was attributed to me, nor did my statement mean that the National Catholic Welfare Council had in any way rescinded or modified its original statement. Now there are only two or three points, Mr. Chairman, that I care to take up. Mr. Sweet. Just in that connection, I understand though; from your statement here, that you are for this bill? Rev. Dr. Ryan. Yes, sir. Mr. Sweet. And that while not taking an active part in advocating it, yet you believe that it will be a good thing for the country? Rev. Dr. Ryan. Yes, sir. I might say that the fact that the National Catholic Welfare Council is not taking any active part in promoting the bill is not an exceptional fact at all. The National Catholic Welfare Council has indorsed a great many other bills, most of which it has not taken any position on in an active way as the bills pro- gressed in the Congress. I\'Ir. Sweet. I understand the National Catholic Welfare Council is taking its usual conservative stand with regard to public measiires. Rev. Dr. Ryan. Exactly. Mr. Towner. Let me interrupt, Father. But it has unreservedly indorsed this bill? Rev. Dr. Ryan. Yes. The Chairman. Will you please repeat that? Rev. Dr. Ryan. It has unreservedly indorsed this bill, Judge Towner said. The Chairman. The council? Rev. Dr. PtYAN. The council; yes. The Chairman. Well, now, on that will you have the committee understand from that that it has unreservedly indorsed this bill against all other possible considerations, or just the purpose of the bill? Rev. Dr. Rran. Oh, the indorsement does not mean that all the details and pro- visions of this particular bill are approved, but just the general purpose. The Chairman. The general purposes of the bill? Rev. Dr. Ryan. Yes. And the bill as it then was formed. Let me add one more word of ex]planation. The National Catholic Welfare Council ha? not the authority of a disviplinary or governing body in the church. Any Catholic is perfectly free to dissent and to dissent publicly from its opinions if he likes. As a matter of fact some Catholics, at least, have dissented from the action of the council on this bill and have criticised it. But I am simply trying to clear up the position of the National Catholic Welfare Council with reference to the bill. Now there are only two or three points with reference to the bill that I want to take, ixp. It has been stated that this bill would be used as an instrument for the propaga- tion of the doctrines or practices of birth control. Now I suppose, Mr. Chairman, I have written as much against birth control as any nAn in this country. I may say I do not believe in it at all. I think it is not only immoral but means the destruction of civilization. But I see nothing in this bill which in any vital way would promote that sort of teaching. It is true that some of the nurses or other instructors who might be in the employ of the Children's Bureau administering the act would have an opportunity to urge such doctrines and practices among the people who would come under their ministrations, but that opportunity is already enjoyed by persons who are doing this work for the State health bureaus and the city biu'eaus of health, so there is no new method or way of propagating birth-control doctrines included in this bill. The most that can be said is that as there would be more persons engaged in this work; that opportunity would be somewhat increased. But I take it that the persons in charge of the Chil- dren's Bureau would be rather careful to see that nothing of that sort was done by their instructors. At least that is my understanding of their attitude and temper. " PUBLIC PROTECTION OF MATERNITY AND INFANCY. 49 The second j)oint that. I ■wanted to notice is the eharfje which has been madt-, the assertion that the principh- of this bill is contrary to the Catholic position concerning the functions of th. I think the persons who rnak(» this assertion are making it without due reflection. It is true that the general Catholic position is that the State should keep its hands off the family. That th(> interests of the family are Ijest taken care of by the ])arents, I subscribe to that doctrine unreservedly, not merely because it is the j^eneral teaching of my church, but because of my studies in the field of political science. That is the general rule. In general I think it is Ix'tter for individuals to do things for themselves than to have the State do things for them. It is more democratic, it means more develop- ment of the indi\'idual and greater human ])rogress. But it is also formal Catholic teaching that when the family is in such straits or in such distress of one kind or another, that this bad condition can be relieved only by State intervention, that then it is not only the right l)ut the duty of the State to intervene. One can find this statement in almost so many words in the encyclical of Pope Leo XIII on the condition of labor. We also find in that encyclical this general statement, that whenever the common interest or any particular class is threatened with injury which can in no other way be nu^t or averted, it is the duty of the public authority to intervene. So the only problem then is concerning the minor ])roposition. Is the matter covered by this bill one which is of such urgency that the State ought to intervene because the persons who are in distress, the families, can not help themselves? Mr. Merritt. Would you permit me to, interrupt you a moment. Father? Rev. Dr. Ryan. Yes. Mr. Merritt. You are now stating that in certain cases the State should intervene. Now under our Constitution please bear in mind there are two States. Rev. Dr. Ryan. Yes, sir. I am talking simply about the general principles of public authority. Mr. Merritt. And we all agree, I think, that the State Rev. Dr. Ryan (interposing). Meaning the civil society. Mr. Merritt. Yes. We all agree, I think, that the State, either States or munici- palities, have in some way a public duty toward the family in distress. Rev. Dr. Ryan. Yes. Mr. Merritt. Well, of course you have here a supplementary question under our Constitution as to whether the United States should intervene and take away and limit the responsibility and the action of the States as States. Rev. Dr. Ryan. Yes. Mr. Merritt. That is the question. Rev. Dr. Ryan. Well, I was simply addressing myself to the general objection that is made among my own coreligionists, some of them, regarding the function of the State, written with a large "S," public authority in general. Mr. Merritt. I agree with that in general, but the question is what public authority. Now let me ask you one other question. Yo'u are familiar,- no doubt, with the Smith- Towner education bill. The broad principle of that is that it is essential for the United States to a.ssist the States in various directions. Did you agree to the principles of that bill? Rev. Dr. Ryan. I think that I did not. I must say that I have not given it suiS- cient consideration to feel justified in answering your question fully. I never could get quite as much excited about it as some people are, so I decided that perhaps there are other things that I can devote my attention to with better results. I may say, however, that I think there are large differences, possibly not of principle, but certainly of policy, between the purpose and scope of the Sheppard-Towner bill and of the Smith-Townerbill. The Chairman. You say you think the principles may be the same? Rev. Dr. Ryan. In a general way I think the principle is the same. The Chairman. And do you think the United States Government can differentiate on a matter of principle between tweedle-dee and tweedle-dum? Rev. Dr. Ryan. Why, yes, Mr. Chaii-man, in this way. There may be a principle which will justify the exercise of the State in two different fields. It may be the same principle. But there may be a question of policy as to whether it may be wise for the State to intervene in both fields. The Chairman. The United States, you mean? Rev. Dr. Ryan. The United States, yes. The Chairman. Both are held out as educational undertakings? Rev. Dr. Ryan. Yes. 74654—21 4 50 PUBLIC PROTECTION OF MATERNITY AND INFANCY. The Chairman. The question of whether you come down this spoke of the wheel for education or down that spoke of the wheel is eliminated. Rev. Dr. Ryan. Yes. The Chairman. Why, then, do you see a difference between the State interfering in one field and not interfering in the other? Rev. Dr. Ryan. Well, there is the primary difference that the provisions of the Sheppard-Towner bill do not involve any attitude toward or dealing with the matter of education in general. It has one very limited field of education, and a field which is quite special, and has direct social bearing rather than educational bearing. It is educational only in a limited sense for a larger social purpose. I do not think we can apply the adjective "educational" fairly to both proposals without reservation, without some qualification. Mr. Merritt. Well, isn't this true, that you think the principle is rather dangerous, but in this case it is not so very dangerous? Rev. Dr. Ryan. There is something to that. I think that there is always a danger when the State, the United States, or any separate State enters a new field, that the thing may be abused. But I take it that experience justifies us in saying that the instances in which good departures of that sort have been abused are not very large. And that it is up to the Congress to see that the thing is not extended beyond reason- able limits later on. The Chairman. Now, Father, let us call brass t^cks brass tacks and get at this thing as long as it has been introduced. In your testimony you have spoken of the viewpoint of your church. • Rev. Dr. Ryan. Yes. The Chairman. And I take no exception whatever to that. But I would like to ask you if it has. not likewise come to be generally believed that the viewpoint of your church on the Smith-Towner bill is in opposition to the bill? Rev. Dr. Ryan. Oh, it is. The Chairman. Now to that extent then you naturally would not favor that bill, and I think you are logical. But I would like to ask, further, if it appears that the Sheppard-Towner bill does not incur the objection of your church, and if the differ- ence between the two is not the church view in both instances? Rev. Dr. Ryan. I did not catch the last part of your question, Mr. Chairman. The Chairman. My point is this, that I feel that you are opposed to the Smith- Towner bill because of the view of your church, which we have come to know is a definite objection, and we do not argue that. If I am right, you probably will agree. Now when it comes to the Sheppard-Towner bill you do not have the same chm-ch feeling toward that bill, and for that reason you do not see any cause for objecting to it. And for other reasons you see causes for favoring it. Rev. Dr. Ryan. Yes. The Chairman. So that it looks to me, based on your statement that the principles are virtually the same, that your attitude toward one bill or tlie other bill is con- siderably affected from the church point of view, and of course it would seem to me that the Congress of the United States can not differentiate on a matter of principle in respect to the views of any one religion toward this bill, that bill, or any other bill. Rev. Dr. Ryan. Perhaps I have not made my position fully understood with regard to the Smith-Towner bill. The Chairman. We are not trying to lead you to destruction, Father, at all. Rev. Dr. Ryan. No; I will say everything that is in my mind. The Chairman. But in view of the fact that it has been brought in by yoiu: good self you can not blame us for going into that particular line to see where it fits in on that particular discussion. Rev. Dr. Ryan. I might observe, Mr. Chairman, that I did not bring in the Smith- Towner bill myself. It was brought in by the Congressman. The Chairman. Yes; we will grant that, we will grant that. Rev. Dr. Ryan. I do not tliink that I said that my opposition to the Smith-Towner bill was based on the attitude of the National Catholic Welfare Council. The Chairman. No; I do not tliink you did until you were asked. Then you admitted that you were opposed to the bill, that your church was opposed to the bill. Rev. Dr. Ryan. Oh, I admitted that I was opposed to the bill, but I did not say that was the only reason why I was opposed. The Chairman. No; quite so. Rev. Dr. Ryan. As a matter of fact, before the National Catholic Welfare Council made its statements on the Smith- Towner bill, I said occasionally in conversation that I was opposed to it, that I did not like it. The differences between what that bill proposes to do and what the Sheppard-Towner bill proposes to do are so very, great and have so many ramifications that I do not think we can fairly coinpare the two by simply saying that they both involve the same principle. If they involved PUBLIC PROTECTION OF MATERNITY AND INFANCY. 51 the same principle of State subsidy or United States subsidy that might bo so, but tlie Smith-Townor bill involves very much more that that, involves matters which ha\e no parallel in the Shoppard-Towner l)ill, as far as 1 see. Now, just a final word with reference to the Mr. Graham, liefore you leave that may I say a word? The Chairman. Mr. Graham. Mr. Graham. I was struck with what you said, Father Ryan, al)out your belief in the maintenance of the right of the family to govern itself. I agree with you entirely. I think that is most essential. But 1 find in the original act authorizing the estab- lishment of the ('hildren's Bureau this language: "i3ut no official or agent or representative of said bureau shall, over the objection of the head of the family, enter any house used exclusively as a family residence." No doubt that was put in there to cover the very idea that you have in mind. But I do not find in this act here any such limitation; and inasmuch as this is subse- quent legislation, if it is enacted it might be held that that safeguard was not con- tained in the law. Do you not think it ought to be? Rev. Dr. Ryan. Yes; I do. And my imderstanding is that that was inserted, and that it is in the bill as recommended by the committee in the Senate. The Chairman. The Senate committee? Rev. Dr. Ryan. That is my understanding. The Chairman. Is that true? Mr. Towner. The Senate committee has adopted the exact proposition tliat the gentleman from Illinois calls attention to. Of course, there is no ])ossible oljjection to that. There never was any authority in the bill to allow such interference mth the family and we are perfectly willing that the Senate amendment shall be adopted here. Rev. Dr. Ryan. The last point that I wanted to take up, Mr. Chairman, is connected with the objection or point raised by Mr. Merritt. The authority of the Federal Government to do this, and the propriety of the Federal Government doing it. I am not an authority on this, and my information is not worth much. I do happen to have the conduct of a class in political science among my acti\dties. I have read something along this line. There seem to be precedents for the use of taxation by the Federal Government for public purposes of this kind. We know how much dis- cussion can be raised and difference of opinion concerning the public-welfare clause of the Constitution, concerning the phrase "public welfare" in that article of the Con- stitution which authorizes the Federal Government to levy taxes. _ My understanding is that the Supreme Court has never directly passed on this question except it would be in the sugar bounty cases and in one other case which I do not now recall. So that my opinion in this matter is not worth anything as to the constitutionality of the measure, and I imagine the Supreme Court will attend to that eventTially. But the principle, or policy, rather, of a subsidy by the Federal Government to the provincial or State jurisdictions seems to me to have a great many precedents, and 1 think that the general policy of the subsidy by a superior to a subordinate political jmisdiction on terms which will insure the enforcement and proper administration of the funds by the subordinate jurisdiction helped is entirely a sound one and a very fruitful one in legislative and administrative action. It seems to me the important point is that the jurisdiction which is helped should have to contribute sufficient of its own money to make it worth while for the subordi- nate jurisdiction to see that the money as whole is properly expended. If that i^rinciple is conserved in the measure— ancl it seems to me it is conserved m the Sheppard-Towner bill— I do not see any political danger or any political impro- priety in the general practice of subsidies of that kind. I think that is all I have to say. Mr. Sanders. May I ask a question. Father Ryan? The Chairman. Mj". Sanders. Mr. Sanders. Isn't there a great deal of confusion that arises out of the failure to distinguish between an act which appropriates money for some beneficial purpose to the countrv generallv and an act which might be a regulation in some wiiy of some matter over which the States usuallv have jurisdiction? Hasn't our general course throughout the history of the country followed along the line of recognized constitu- tional authority to appropriate monev for the general welfare of the countr}% and after the European War did we not go eveii outside of that realm and appropriate $100,000.- 000 to help stricken conditions in other countries? And a mere appropriation of money for a beneficial purpose to the citizens of the State and the citizens of the United States is quite a different proposition from legislation which undertakes in some way to regu- late a matter within the State. And isn't this very cleariy a proper exercise of the constitutional powers of the Congress? 52 PUBLIC PROTECTION OF MATERNITY AND INFANCY. Rev. Dr. Ryan. Oh, I think that it is. By analogy with the decisions of the courts where States have done this sort of thing, it seems to me that we may draAV a strong inference in favor of the constitutionality of this kind of thing. The courts of States and the Supreme Court of the United States in passing upon the appropriation of money by States for various purposes, have always upheld such legislation when the purpose was plainly a public one, and not for a private corporation or a group of private individuals. Now tills legislation is obviously for a public purpose, and as you suggest, there are precedents in other fields where taxes raised by the General Government have been so appropriated. Mr. Ha WES. Doctor, so that I may understand the distinction that you draw between the principle of this national maternity bill and the national educational bill, what is .the difference? Is there any difference in principle between the two? • Rev. Dr. Ryan. Using "principle," in, the broadest sense, I do not see any differ- ence. In both cases the fundamental principle is assistance of State authorities by the Federal Government, for, let us say, instruction. Mr. Hawes. The difference tlien is instruction in tie one case regarding the mind, and this bill is for instruction regarding the care of the body; that is the only differ- ence? Rev. Dr. Ryan. Yes, but the instruction regarding the mind, as contemplated in the Smith-Towner bill, involves — at least many people fear that it does — a vast extension of power over to the educational field generally, whereas the powers con- ferred on the Federal Government by this bill are strictly limited to one restricted and rather narrow field. Mr. Hawes. Doctor, would you call the committee's attention to any other national law embodying this principle? Rev. Dr. Ryan. Well, the Smith-Lever bill has been mentioned, and the bill for vocational education. I think I heard of another one. They involve what I have been referring to as the general principle, namely. Federal subsidy to State authori- ties for the carrying out of the work in which the States are primarily interested, and which I am frank to confess is primarily the business of the States and local juris- dictions. But again, it is a question of whether the public welfare may not be better pro- moted by giving assistance and stimulus from the Federal Government when the States and local jurisdictions are not satisfactorily performing their native functions. Mr. Hawes. Doctor, the exercise of this function by the various States is usually confined to the health corps or health departments of the States, is it not? Rev. Dr. Ryan. Yes, sir. Mr. Hawes. Now, this control is placed in the Department of Labor of the United States. Rev. Dr. Ryan. Yes. Mr. Hawes. Do you find any inconsistencies in that. Doctor? Rev. Dr. Ryan. Why, I should say that it would be inconsistent if the administra- tion of this act were in the hands of the Secretary of Labor directly, because when we think of the Secretary of Labor, the Labor Department, we think of industrial matters. We think particularly of matters pertaining to the welfare, I suppose, of the wage- earning classes. But the authority which is to have charge of this bill is a bureau in the department, the Children's Bureau. A bureau which has a considerable measure of autonomy, at any rate, whose field is rather definite^ly limited, and the activities of that bureau have been quite harmonious with, quite of the same general nature, as the activities which are to be carried on under the aid and encouragement of the provisions of this bill. Having to do with child life, child welfare, and the children general^ly. I should say that the functions of the Children's Bureau have been in the main social rather than industrial, therefore I do not see the incongruity, Mr. Congressman, which you suggest, between the administration of the bill for this purpose and the Department of Labor as the administrator. Mr. Hawes. I was much interested. Doctor, in the first witness that appeared who divided the causes of child laws into three classes: Economic, social, and medi- cinal, I believe. Are you familiar with that classification? Do you agree to it, to its importance? Rev. Dr. Ryan. Yes; I think that it is important. I think that it covers substan- tially the ground of all of the causes. You say economic, social, and medicinal or hygienic? Mr. Hawes. Yes. Rev. Dr. Ryan. I should say that ought to be a complete classification of causes. PUBLIC PROTECTION OF MATERNITY AND INFANCY. 53 Mr. IIawes. Well, what ])roi)ortion do you think, for instance, the economic would bear to the social and the medicinal? Would it be one-third or one-half, or what per cent? * Rev. Dr. Ryax. Well, most of my life I have been interested in economic problems, and my predisposition would be to emphasize the economic factor as the most im- portant. But I do not know enouirh about lh(! facts as disclosed by a<'tual investiga- tion to warrant nic in attcmj)tin<,' to ap])ortion the causality amoiiir these three factors. I see reasons why I think the economic factors are more important than any of the others, but I am not certain. Mr. IIawes. You would not attempt to classify the proportions? Rev. Dr. Ryan. No: I would not attempt to classify the proportions. Mr. >SwEET. Mr. Chairman. The Chairman. Mr. Sweet. Mr. Sweet. Do you believe. Father, that the demand for Federal aid and advice should come from the States, throu , while it may be possible that it is going to mean a large expenditure of money to do the work properly ,- and that you are not going to get sufficient mone > right away to do that work properly ; nevertheless, you are going to get enough extra money to save a great many lives that otherwise would be lost, even though the work might be inadequate at this time it starts a foundation that is going to save lives, and that is worth striving for. Mr. Hawes. There was a \^ery intelligent lady connected with the health depart- ment of Pennsylvania who spoke yesterday advocating this bill. She stated that the cost to the State of Pennsylvania for the board of health was something like five or six million dollars. Under this bill the State of Pennsylvania, as I understand it, would receive approximately 140,000 from the National Governmert, and according to Mr. Towner the National Government would have no control over the State at all in any way. It is just a nice little contribution of $40,000 to encourage that work. Eoes that sound like a practical proposition to you? . Mr. McGrady. It sounds practical to this extent: The State of Pennsylvania is going to get §40, .000 more than it had before, and that $40,000 more than it had before means that more babies and mothers are going to be saved. To that extent, in my opinion, it is practical. Mr. Hawes. It goes a little further than that, because it makes the State of Penn- sylvania put up ifs $40,000, which means $80,000. Mr. McGrady. I am sure it is needed, and more than $80,000 is needed properly in that big State. Mr. Hawes. I am asking this question of the witness, as the witness understands, because I want to find out whether this bill is to provide nurses, and doctors, and food, or whether it is purely educational. The only way to find out is by asking a practical man like yourself. Mr. McGrady. Thank you very much, but I want to assure you that I would much prefer to have Judge Towner answer that, as he has promised he would do later on. Mr. Barkley. You have emphasized the economic side of this situation. Most people think of economics in terms of money. 1 don't a.gree with that interpretation of this bill. Is it not true that the social side is as important as the economic side? In other words, hasn't every child that is born in the world the right to an even chance to live, and every mother that bears that child the right to an even chance to live, and isn't that as much social as it is economic? Mr. McGrady. I do not believe that every child has got an equal chance to live that comes into the world. Mr. Barkley. Ought it not to have? Mr. McGrady. It ought to have, yes, Congi-essman, and the economic side comes into it there. When a man is getting $500 or $600 a year and he has got two or three children, his children are always half fed and his wife not even that much. She can't stand the strain. Mr. Barkley. Of course it is difficult to separate economics and sociology so that each occupies a separate field. They lap and dovetail into each other everywhere. It strikes me that while- the economic side is important that it is not the paramount question here at all. Mr. McGrady. Well, I am going to be perfectly frank with you, CbngTessman. We believe that if the workingmen of the country received an adequate wage scale that most of oiu physical ills would be well taken care of. Mr. Barkley. Well, is it not true that there is vast ignorance among people who are pretty well to do and draw pretty good pay on the subject of maternity and child hygiene? Mr. McGrady. Well, that ignorance, if it exists, should not; because they have got the means of enlighlenoaent, whereas our people have not. Mr. Barkley. They may not have. They may live in a section of the country where their means of obtaining information may be very limited. Mr. McGrady. If they have got the price, they can get the information. Mr. Barkley. Of course if they had the price they could all hire a special nurse by the year. They might get it by a correspondence course. But nobody would recom- mend that. I think these facilities ought to be available for all who need them. Mr. McGrady. That would be a poor way to learn anything about a matter dealing with life or death. Mr. Lea. I believe you are the legislative representative. of the Federation of Labor? Mr. McGrady. One of them. Mr. Lea. Are you familiar with what is being done or what has been done to secure independent action by the various States in these matters? PUBLIC PKOTECTTON OF MATERNITY AND INFANCY. 61 Mr. Mc(iUAiiY. We have had our altcntion called to it, and up to tho present time we don't see where the States are endan,