Commissioner
Harry Anslinger seems to have become aware of the new hemp industry at
approximately the same time that he focused the Bureau's energies on securing
federal legislation against marihuana in 1935. Contrary to the traditional
interpretation of history, the Commissioner's decision to lead this final
assault against marihuana was directly affected by the development of new
commercial enterprises in the hemp industry. From 1935 on, the Bureau actively
re-wrote the history of hemp by demonizing marihuana. Ever since this act of
deceit, the memory of the new hemp industry in the 1930s has been erased from
the public record. In retrospect, the demonization of marihuana was nothing
more than a premeditated act of historical sabotage designed specifically to
ensure that the truth about hemp's economic potential never reached the
investing public. The sudden cascade of insidious propaganda against the use
of marihuana acted like a nebulous abstraction hiding the real motives which
guided the Bureau. Ultimately, the final assault against marihuana was
triggered by the monopolistic greed and economic insecurity of a few
financially threatened industries. The reality of this history has been
concealed from the public for roughly sixty years.
Early
in 1935, the new commercial hemp ventures caught the attention of Helen
Moorehead, the Secretary of the League of Nations Opium and Dangerous Drugs
Advisory Committee, who had been working on the international front to control
the traffic of drugs. Secretary Moorehead contacted the Department of
Agriculture for information on the domestic marihuana situation as it might
relate to legitimate agricultural and industrial enterprises. In response to
her requests, Dr. M. A. McCall, Assistant Chief of the Bureau of Plant
Industry, supplied Secretary Moorehead with information pertaining to the
commercial hemp industry. According to Dr. McCall, certain promoters had been
active during the 1934 and 1935 seasons attempting to develop a hemp fiber
industry in certain parts of Minnesota, Iowa, Wisconsin, and Illinois. This
promotional activity had caused a tremendous increase in the total acreage of
hemp under cultivation during 1934 and 1935. This correspondence was passed on
to the Bureau. It provided them with their first report about the new
commercial activity in the hemp industry.
Between
1935 and 1937, the Bureau actively gathered information on the new hemp
industry, even though it possessed no real authority to do so. During this
same period of time, the Bureau became aware that the new ventures in the hemp
industry planned on cultivating the plant for its cellulose. This unique
chemical compound was one of the most sought after raw materials in the
industrial world, as it was and still is the primary ingredient for the
production of paper, plastics, synthetic textiles, and building materials.
Starting in the mid-1920s and continuing into the 1930s, a body of
agricultural literature surfaced which seriously discussed the possibility of
producing cellulose from typical farm crops. The possibility was praised as a
major breakthrough in the media and it was looked to as a solution for the
plight of the farmers, whose profits had steadily deteriorated since the close
of the First World War. By 1927, the topic of utilizing farm wastes as an
alternative source for the production of cellulose pulp reached the halls of
Congress. Several comprehensive bills were debated in successive sessions of
Congress. Eventually a compromise was reached in 1930, but nothing was ever
done for the farmers. However, in the private sector certain promoters were
advocating the cultivation of hemp during 1930. Specifically, they were
promoting state of the art machinery for the production of fiber. This
machinery was critical to the establishment of the new hemp industry because
the waste material, the hurd, which remained after the hemp was processed for
its fiber, was ideal for the production of cellulose pulp.
Apparently,
without the Bureau's knowledge, the new commercial hemp industry came into
existence with the organization of the Northwest Hemp Corporation in 1933. The
company's president, Frank Holton, became interested in the prospects of the
commercial hemp industry after a meeting with H. W. Bellrose, the president of
the World Fibre Corporation. During their meeting they discussed the
commercial potential of hemp. Among the possibilities envisioned by Bellrose,
one in particular stood out as the greatest advantage; that was the use of
hemp for the production of paper. According to Bellrose, the paper industry
was perfectly suited for hemp. In addition to paper, Bellrose also referred to
the possibility of making plastics from the cellulose and textiles from the
fiber. These productive interests were characteristic of the new commercial
concerns in the hemp industry.
Starting
in 1935, the Federal Bureau of Narcotics requested annual reports from the
Bureau of Plant Industry on the hemp industry. These reports briefly informed
the Bureau about the new activity. One of the new ventures was Frank Holton's
Northwest Hemp Corporation. The Bureau discovered that this company had
cultivated 6500 acres in 1934 and an additional 2000 acres in 1935. During
1936, it was reported to the Bureau that the Minnesota concerns did not
cultivate any hemp. However, in 1937, the Bureau was notified of three new
companies in Minnesota: Chempco, Incorporated, the Central Fibre Corporation,
and the Champagne Paper Company. Together, these three ventures had planted
3700 acres of hemp for the specific purpose of utilizing both the fiber and
hurds for the manufacture of paper.
Another
company active in the promotion of the hemp industry was the Amhempco
Corporation of Danville, Illinois. The Bureau learned of this business in
1935, when it was reported to them that the Amhempco Corporation had planted
4200 acres of hemp. At this time, the Bureau also discovered that the Amhempco
Corporation planned on using its stock of hemp for the manufacture of textiles
and cellulose-based products. In 1936, the Bureau received an update and found
that the Amhempco Corporation had planted an additional 1000 acres of hemp. A
final report for the year of 1937 showed that the Amhempco Corporation was on
record for having planted 7200 acres of hemp. This crop was the largest annual
acreage harvested by any single commercial concern during the 1930s.
Furthermore, in the Bureau of Plant Industry report, it was stated that the
Amhempco Corporation intended to utilize the waste material, the hurd, for the
manufacture of paper and plastics.
From
1935 to 1938, the Bureau publicly acknowledged the new hemp ventures in its
annual publication, Traffic in Opium and Other Dangerous Drugs. Behind
this openness, the Bureau demonstrated a specific concern regarding the
possibility of producing paper from hemp. In an undated letter from 1935, the
Commissioner requested information from the Bureau of Plant Industry regarding
the potential of utilizing hemp to produce paper. A response to this inquiry
was not present in the Marihuana Tax Act file, but it is possible that the
response was part of the general file from 1936, which happened to be
mysteriously missing from the document collection. Whatever the response may
have been, the truth of the matter was that hemp was ideally suited to become
a major industrial cash crop because of its potential to produce cellulose,
and, in particular, paper pulp.
In
connection with this observation, it is interesting to note that between 1935
and 1938 the Paper Trade Journal abstracted a total of eighteen
experimental studies and commercial patents regarding the utilization of hemp
for the production of paper. Eleven of these abstracts were printed between
July and December of 1935. Certainly any response from the Bureau of Plant
Industry pertaining to the topic of hemp for paper would not have failed to
notice this new surge of commercial interest. Nor would it be difficult to
suggest the possibility of awareness among the wood pulp paper industry.
During
the final assault, the Federal Bureau of Narcotics was well aware of the hemp
industry and its concern about the new law. For instance, late in 1936, the
Bureau learned of experimental crops of hemp which were being cultivated under
the supervision of the Chicago Tribune. The Bureau happened to discover
these experiments because the Chicago Tribune reported on their
progress in a section of the paper titled, "Day by Day Story of the
Experimental Farms." A letter dated September 28, 1936, from Commissioner
Anslinger to the Bureau's District Supervisor in Chicago, Elizabeth Bass,
requested information regarding these experiments. Supervisor Bass quickly
replied and informed the Commissioner that she had been referred to Frank
Ridgway, who was in charge and personally interested in the hemp project. The
following week Supervisor Bass visited the experimental farm and discussed its
purpose with Ridgway. He informed her that the Tribune's interests were
directed "toward the manufacturing uses of the fiber, pith, etc. into
commercial products." Ridgway also expressed his lack of knowledge about
marihuana and that he did not know that hemp was the same plant.
This
information was still too general for Commissioner Anslinger and he requested
specifics on the following points: "1) Ascertain the demand for the
machine that was used to harvest the MARIHUANA. 2) Find out the places in the
United States where there is such a demand. 3) Find just what the hemp is used
for in those sections." He also requested that she try to talk to the
growers and the manufacturers of the hemp. In her reply, Supervisor Bass
stated the following opinion:
"Objections raised by the manufacturing druggists who
have slight need of the extracts of the Cannabis in medicinal compounds will
be trifling when compared with the country-wide protests that will be raised
as with one voice by the experimental stations everywhere developing the use
of the fibers of the Cannabis plant stems for every variety of
textile."
With regard to the specific information Commissioner
Anslinger had requested, Supervisor Bass replied a second time since she was
unable to contact Ridgway immediately.
During
their second conversation, she discovered who had manufactured the harvesting
machine. It had been constructed by the John W. Deere Company of Moline,
Illinois. They had modified an ordinary small grain binder, extending its
platform further than normal to account for the height of the hemp. The
company had manufactured twelve to fourteen of these machines some years ago.
One of the machines was in the possession of H. W. Bellrose, the President of
the World Fibre Organization, and the several others had been given to the
George Ball Glass Can Company of Indiana, the principal financial backers of
the Amhempco Corporation. Ridgway also informed Supervisor Bass as to the
optimal harvesting time, which was prior to the budding stage, and he also
explained that the parts of the plant which were under consideration for
commercial use were the fiber, hurds, and seeds.
The
following day, Supervisor Bass sent Commissioner Anslinger a clipping from the
November 4, 1936 edition of the Chicago Tribune, regarding the paper's
experimental farm which had come to her attention too late to include with the
previous report. The article addresses the difficulty of harvesting the hemp
as well as explains that the fiber was to be developed into cloth, the hurds
were to be made into cellulose products, and the seeds were to be pressed for
their oil. At this point, the communication between the Bureau and the Chicago
Tribune ends without any real closing of the business at hand.
Another
example of the new hemp industry's concern becomes apparent on January 18,
1937, when Dr. Brittain B. Robinson of the Bureau of Plant Industry was
contacted by the Champagne Paper Corporation. This particular company was
considering the use of hemp fiber in the manufacture of cigarette papers and
paper for Bibles. The company had become aware that legislation restricting
the cultivation of hemp existed in some states. As a result, L. F. Dixon of
the Champagne Paper Corporation requested information about the narcotic
properties of the hemp. For example, he wanted to know if different botanical
varieties of hemp existed and whether or not the type used for the production
of fiber possessed the narcotic principle. There was no record of any reply;
however, a letter from Commissioner Anslinger to the Department of Agriculture
dated February 2, 1937, revealed that the Bureau of Plant Industry had passed
the Champagne Paper Corporation's request for information on to the Bureau of
Narcotics. In the Commissioner's response, he asked the Bureau of Plant
Industry to provide the company with the information it had requested. And, to
avoid any further confusion, he suggested that the Department of Agriculture
should provide information regarding the analysis and identification of the
drug and that only letters requesting information regarding the enforcement of
marihuana laws be passed on to the Bureau of Narcotics.
On
June 12, 1937, an attorney from Mankato, Minnesota, G. P. Smith, contacted his
local Congressman, the Honorable Elmer J. Ryan, regarding the cultivation of
hemp. Smith's office was located in the same building which housed the
National Citizens Bank in Mankato, Minnesota. This bank was the primary
financial backer of the hemp projects in Southern Minnesota. Smith's letter
was eventually provided to the Bureau by Congressman Ryan. Beginning the
letter, Smith explained that he was interested in developing hemp as a cash
crop. He stated that, over the past few years a considerable amount of hemp
had been grown for cash in Southern Minnesota. He then proceeded to discuss
the activity of the Farm Chemurgic Council and Chemical Foundation, stating
that they had made significant progress toward developing the use of hemp for
industrial products. He also spoke of "one of the largest paper
manufacturers in the country" which planned on using hemp fiber in the
production of paper and of another commercial group located in the East, which
was interested in using the hurds as a raw material source for plastics.
Finally, he emphasized that he had been told by a "leading paper
manufacturer" that the growing of hemp in the Middle West was likely to
develop into "a more important cash crop than soya beans."
After
Smith had made clear his seriousness and involvement in the emerging hemp
industry, he posed a few questions to his Congressman. First, he mentioned
that he had heard of a variety of hemp from which a narcotic drug could be
produced, but he did not believe that the hemp raised for fiber purposes was
the same variety. Second, he noted that he was aware of a bill which was in
committee, House File No. 6385, the future Marihuana Tax Act. And, with regard
to this pending legislation, Smith and his associates expressed the following
concern, "We are unable to understand why such a bill should be proposed
because according to our information it could serve no good purpose and would
embarrass, if not kill, an important agricultural development."
Continuing the same line of thought, he explained that, "No one farmer
raises any considerable acreage, the profits are not large and I do not
believe any independent Minnesota farmer would care to raise any crop under
the license and direction of a Federal Bureau." In conclusion, Smith
urged that the bill be killed.
On
June 29, 1937, Commissioner Anslinger replied to Congressman Elmer J. Ryan,
who had passed the letter on to the Bureau. The Commissioner explained that
Smith had been misinformed regarding the narcotic properties of hemp. All
varieties contained the narcotic substance. This situation made it necessary
for the legislators to include domestic hemp used for commercial purposes
within the purview of the law. He continued and explained that measures had
been taken to ensure that the legitimate growth of hemp would not be hindered
by the legislation. According to the Commissioner, the overriding purpose of
the bill was "to bring out into the open all production and sale of the
tops, leaves and seeds of the hemp plant which contain the dangerous drug
marihuana and to prevent, if possible, the illicit production and sale of
these tops, leaves and seeds." Commissioner Anslinger concluded his
letter by ensuring the Congressman that the bill would not interfere with
legitimate industry. This correspondence ended with the Commissioner's reply.
The
surge of commercial interest in utilizing hemp to produce paper, plastics, and
textiles crucially affected the Bureau's decision to launch its final assault
against marihuana in 1935. Without a doubt, the Bureau was fully aware of the
promising economic potential of hemp, and, between 1935 and 1937, this
observation was rapidly becoming an economic reality. It certainly seems
rather ironic that the marihuana issue spontaneously mushroomed into "the
greatest narcotic peril in America" during the same period of time. For
instance, in 1938, during a conference held by the New York Herald Tribune,
Commissioner Anslinger explained that:
"About 1935, we were stunned with the rapid wildfire
spread of this drug; and by the following year it had become such a major
menace as to call for the enactment of national control legislation. Nearly
every State had suffered from the insidious invasion of this drug. It spread
to new circles not previously contaminated by drug addiction; to young
impressionable people."
Despite this claim, the Bureau's motives for carrying out
the final assault against marihuana have never been satisfactorily
established. This convenient state of institutional amnesia has resulted from
the fact that the Commissioner and his assistants perjured themselves before
both Congress and the public when they actively participated in the
demonization of marihuana. Behind the veil of their specious representation
there had not been any significant increase in the usage of the drug, nor was
the national press reporting about a marihuana problem. The simple truth is,
that prior to the Bureau's final assault, the American people were largely
unaware of the drug.
Consequently,
in the absence of public awareness, the Bureau was able to demonize marihuana.
For this task they returned to the erroneous assumptions of state and local
authorities who had campaigned against marihuana during the previous
twenty-year period. None of the state and local campaigns were based on a true
problem with the drug. Instead, a combination of latent xenophobia and
Progressive ideas caused the state and local authorities to be blind to
reality. This blindness resulted in the proliferation of falsehoods and
misrepresentations about marihuana, which suggested that the drug was a
dangerous narcotic capable of inducing crime, violence, and insanity. In 1930,
the Bureau craftily adopted the mendacity of past anti-marihuana campaigns,
doctored it up with new fallacies, and then, used the improved version to
demonize marihuana from 1935 on. This process entailed the compilation of an
assorted array of propagandistic misinformation, consisting of biased police
reports, prejudiced court sentences, and sensationalized media accounts, all
of which labeled marihuana not only a dangerous narcotic but also a national
menace. Importantly, because of the horrific nature of this material, it is
now referred to as a "gore file." Significantly, between 1935 and
1937, material from this gore file was wantonly cited by the Bureau as legal
precedent for federal legislation against marihuana.
In
order to disseminate this incidinary propaganda among the public, the Bureau
enlisted the support of the Women's Christian Temperance Union, the World
Narcotic Defense Association, the General Federation of Women's Clubs, the
Young Men's Club of America, the National Parent Teacher Association, and the
National Councils of Catholic Men and Women. These groups provided the Bureau
with the stamp of moral approval and indispensable aid in the overall effort
to inform or, correctly, misinform the general public. In addition to
employing the former institutions, the Bureau began to advise legislators
about the dangers of marihuana. Besides these acts of deception, the Bureau
also deliberately suppressed the availability of objective information about
marihuana from reaching the public. But, without a doubt, the Bureau's most
effective weapon during the final assault was its uncanny ability to plant its
anti-marihuana propaganda throughout the presses of the nation. This last
tactic of supplying the national media with false information effectively
demonized marihuana in the eyes of public.
A
survey of the media coverage during the final assault reveals that all of the
articles about marihuana are traceable to the Bureau's gore file. None of the
Bureau's propaganda represented the truth. Instead, the public was fed a
steady diet of prefabricated horror stories about marihuana. For instance,
starting in 1935, the Bureau often cited the following prevarication as
factual data: "Police officials in cities of those states where it
[marihuana] is most widely used estimate that fifty per cent of the violent
crimes committed in districts occupied by Mexicans, Spaniards,
Latin-Americans, Greeks, or Negroes may be traced to this evil." Similar
prevaricaticated data was consistently disseminated to the public despite its
overt prejudice and lack of truth. One theme which seemed to be particularly
effective for the Bureau involved the strategy of suggesting that marihuana
dealers sought out the youth of America, who in their innocence were more
susceptible to the drug's addictive powers. In the final assessment, though,
none of the Bureau's allegations against marihuana were ever historically or
scientifically verified. This absence of truth was characteristic of all the
Bureau's inflammatory accounts describing marihuana's evils.
During
1935, two new bills against marihuana were presented in Congress by
Congressman John J. Dempsey and Senator Carl A. Hatch from New Mexico.
Locally-inspired prejudice against the Mexican use of the drug seems to have
prompted the introduction of this legislation. Within the Bureau, objection
was raised to both bills by Acting Commissioner Will Wood and Chief Legal
Advisor Alfred J. Tennyson, who felt that the proposed legislation might
endanger the Harrison Act. This objection was overruled by their superiors in
the Treasury Department, Assistant Secretary Stephen Gibbons and General
Counsel Herman Oliphant, who approved the legislation. Apparently, though, the
public outcry against marihuana was not strong enough or Congress knew the
reality of the situation, because both pieces of legislation died before they
reached the floor.
In
the meantime, General Counsel Oliphant continued to search for a suitable
means of establishing federal control over marihuana. Eventually, he decided
that the government's ability to tax would provide the Bureau with the means
they sought. Without notifying the public or Congress, the Bureau's legal team
proceeded to draft a bill authorizing a prohibitive tax on transactions
dealing with marihuana. As a model the drafters turned to the 1934 National
Firearms Act, which prohibitively taxed the unlicensed transfer of machine
guns. Their plan became a reality after the constitutionality of the National
Firearms Act was upheld by the Supreme Court on March 29, 1937. Shortly
following this decision, the Bureau unveiled the Marihuana Tax Act, on April
15, 1937.
Prior
to the introduction of the Tax Act, the Bureau flooded its channels of
propaganda with a foreign study on the Moslem custom of using cannabis drugs
in the North African province of Tunisia. The study was conducted by a French
hospital pharmacist, Dr. Jules Bouquet, upon the request of the Sub-Committee
on Cannabis of the League of Nations Advisory Committee on Traffic in Opium
and Other Dangerous Drugs. When the Bureau reproduced and disseminated this
report through its propaganda channels, Dr. Bouquet was introduced as the
world's foremost expert on cannabis drugs. But, his conclusions bore the same
traces of latent xenophobia and Progressive morality which had influenced the
evolution of the marihuana issue in America. For instance, Dr. Bouquet offered
the following explanation for the local Moslem custom of smoking and ingesting
cannabis drugs:
"The basis of the Moslem character is indolence;
these people love idleness and day-dreaming, and to the majority of them
work is the most unpleasant of all necessities. Inordinately vain-glorious,
thirsting for every pleasure, they are manifestly unable to realize more
than a small fraction of their desires: their unrestrained imagination
supplies the rest. Hemp, which enhances the imagination, is the narcotic
best adapted to their mentality. The hashish addict can dream of the life he
longs for: under the influence of the drug he becomes wealthy, the owner of
a well-filled harem, of delightful cool gardens, of a board richly supplied
with exquisite and copious viands; his every longing is satisfied, happiness
is his. When the period of intoxication is over and he is again faced with
the drab realities of his normal shabby life, his one desire is to find a
corner where he may sleep until a new orgy of hemp brings him back to the
realm of illusions."
In addition to racist bigotry, Dr. Bouquet associated the
use of cannabis drugs with the "poorer classes in the urban communities:
artisans, small traders, workmen, etc." Continuing, Dr. Bouquet also
claimed that the petty criminal classes were "ardent devotees of
hashish." On the basis of his biased observations of a socio-economic
section of the Moslem culture in Tunisia, Dr. Bouquet stated that the use of
cannabis drugs led to abandonment of work, propensity to theft, and the
disappearance of reproductive powers. In the final assessment, Dr. Bouquet
failed to produce any credible evidence to support his findings. Yet, despite
this discrepancy, the Bureau still presented Dr. Bouquet's erroneous findings
before Congress as scientific verification of the dangers posed by marihuana.
Back
in 1931, the Bureau had done the same thing with the Preliminary Report on
Indian Hemp and Peyote, when it briefly campaigned for the Uniform
Narcotic Drug Act. Six years later the Bureau continued to rely on the same
strategy, employing prejudicially falsified information to ensure the passage
of the Tax Act. All of the evidence presented against the drug by the Bureau
during the Congressional Hearings, except for Dr. Bouquet's report, were drawn
from its gore file, the same body of misinformation which the Bureau had been
diligently collecting and embellishing since 1930. During the hearings,
Commissioner Anslinger drilled the legislators with shocking stories about the
evils of marihuana. For instance, before the Senate Committee on Finance,
Commissioner Anslinger cited a brutal murder and several other violent crime
cases in which marihuana was blamed for the defendant's actions. None of the
cases were scientifically credible. In fact, none of the material the Bureau
offered during either of the hearings was credible. To pass the Marihuana Tax
Act of 1937, the Bureau committed perjury before the highest legislative body
in the United States by lying about the history and effects of marihuana.
To
the Bureau's dismay, dissent was voiced during the Congressional Hearings on
several occasions. In particular, the legislative counsel of the American
Medical Association, Dr. William Woodward, vehemently opposed the new Tax Act.
During the House Hearings, Dr. Woodward categorically denied each of the
Bureau's arguments against marihuana. Employing the Socratic Method, he
questioned the Bureau's reliance on sensationalized media stories instead of
scientific evidence. In answer to his query, Dr. Woodward proceeded to
demonstrate that the perceived problem was a farce of the imagination:
"We are told that the use of marihuana causes crime.
But yet no one has been produced from the Bureau of Prisons to show the
number of persons addicted to marihuana. An informal inquiry shows that the
Bureau of Prisons has no information to this point. You have been told that
school children are great users of marihuana cigarettes. No one has been
summoned from the Children's Bureau to show the nature and extent of the
habit among children. Inquiry into the office of Education, and they
certainly should know something of the prevalence of the habit among school
children of this country, if there is a prevalent habit, indicates that they
have had no occasion to investigate it and know nothing of it."
Dr. Woodward also found that the Bureau of Mental Health and
the Public Health Service were ignorant of a marihuana problem. The testimony
presented by Dr. Woodward effectively explained why the Bureau had no credible
evidence to present during the hearings. According to Michael Schaller, a
historian observing this debate thirty-four years later, "There simply
was no evidence of a marihuana problem, except in the eyes of the Bureau of
Narcotics."
Further
dissent was registered by several representatives from the new hemp industry
during the Congressional Hearings. These representatives lobbied for the
exemption from the Tax Act of hemp cultivated for legitimate commercial
operations. During the ensuing debate, Commissioner Anslinger argued that the
plant, hemp, produced the drug, marihuana, and therefore the two were
inseparable. In other words, any legislation dealing with marihuana also
covered hemp. Eventually, a compromise was reached between the Bureau and
these representatives. This compromise consisted of an agreement on the part
of the Bureau to exclude the mature stalks of the plant from the stipulations
of the tax, as long as the stalks were free of all foliage before they were
transferred from the farmer to the processor. In return, the industry
representatives agreed to comply with regulatory licensing and supervision.
Both parties appeared to be satisfied with this decision and the hearings
concluded.
Despite
the gross misrepresentations, the Bureau easily convinced Congress to pass the
Marihuana Tax Act. This feat was certainly aided by the crafty maneuvering of
General Counsel Herman Oliphant. When he introduced the bill, he presented it
to the House Committee on Ways and Means. According to Congressional
procedure, a bill could be sent directly to the Senate via this powerful House
committee. Interestingly, the Committee on Ways and Means was chaired by
Representative Robert L. Doughton, a staunch ally of Du Pont. The rationale
for this legislative sleight of hand was quite simple. If the bill had been
debated in the House, representatives from the districts where hemp was to be
grown would have offered opposition and possibly killed the legislation, while
bringing national attention to the economic potential of hemp. However, this
scenario was not allowed to occur. Instead, the bill's supporters astutely
circumvented debate in the House and ensured the passage of bill.
On
August 2, 1937, the Marihuana Tax Act was signed into law. In section 14 of
the Tax Act the Bureau was given full jurisdiction over the issue of
marihuana. This new responsibility was formalized through Regulations No. 1,
which was a comprehensive code of licensing and taxing procedure. In
particular, Regulations No. 1 featured a transfer tax to control the
distribution and traffic of marihuana. Hemp cultivated for legitimate
industrial purposes was exempt from the transfer tax as long as the foliage
was removed from the mature stalks of the harvested plants. But, if violated,
Regulations No. 1 stipulated that the Bureau possessed the legal right to
confiscate, withhold, or destroy the hemp in question.
During
the same amount of time that it took the Bureau to demonize marihuana and pass
the Tax Act, the new hemp industry nearly revolutionized agriculture by
developing the cultivation of hemp as a cash crop for industrial purposes.
There would seem to be an obvious correlation between the final assault
against marihuana and the dawn of the new hemp industry. Historically, the
acts of deception carried out by the Federal Bureau of Narcotics during its
final assault against marihuana were indicative of the protective strategies
exercised by the wood pulp industry whenever its investments or profits were
threatened by economic changes. At the close of the 1920s, the wood pulp
industry was clearly dominated by the International Paper Company (between
1927 and 1935 the International Paper and Power Company). As a leading
manufacturer of wood pulp, International dictated prices in the lucrative
newsprint market and controlled a large stake in the production of Southern
kraft pulp. Furthermore, it was capable of exercising a considerable amount of
influence over the major presses of America through the American Newspaper
Publishers Association. During the late 1920s, International's behavior
directly affected the development of farm wastes as an alternative source for
the production of paper; a movement, which, in turn, was inseparable from the
natural progression of history leading up to the genesis of the new hemp
industry. The following scenario of economic sabotage occurred for the simple
reason that the wood pulp industry stood to lose a considerable amount of
investment and profit if farm wastes were developed as an alternative source
for the manufacture of cellulose products such as paper and plastics.
In
1929, the International Paper and Power Company was involved in a plot to
close the newsprint market to paper made from the cellulose of farm wastes. At
this time the company already dominated the newsprint market and it was
beginning to infiltrate the media by offering 15-year contracts to newspaper
publishers in return for stock in their newspapers. Furthermore, it was
alleged that these 15-year contracts were designed to close the newsprint
market to paper made from the cellulose pulp of farm wastes. In order to set
the standard with the 15-year contracts, International conducted negotiations
with the largest consumer of newsprint, the Hearst media syndicate. Before
anything was formalized, though, Senator Thomas Schall of Minnesota called for
the Federal Trade Commission to investigate International. As a result of
these investigations International promptly restructured its contracts and
liquidated its interest in newspapers to avoid any further attention.
This
act of retreat was not made in defeat. Instead, another solution had offered
itself to the Hearst media syndicate and newspaper publishers in general.
During 1930, Hearst purchased an interest in the production of newsprint. This
development marked the beginning of a trend as more newspapers followed suit.
The trend increased after the passage of the Holding Company Act of 1935. This
piece of legislation forced holding companies with subsidiary interests
outside of their primary realm of business to liquidate their assets in the
subsidiary interests. Evidently, the production of newsprint had become a
subsidiary business concern of public utility holding companies. This was the
case with the International Paper and Power Company, which was primarily a
public utility and secondarily a paper manufacturer. As a consequence of the
new law, many changes occurred in the financial structure of the newsprint
industry between 1936 and 1937. These transformations were embodied in a
process of decentralization during which the nation's larger newspaper
publishers purchased an interest in the production of newsprint. In the
process, the newspaper publishers assumed the financial burden of
manufacturing, since the production of newsprint carried one of the highest
ratios between plant investment and unit sales. This financial burden
undoubtedly influenced the intensity of the demonization of marihuana. In
particular, Hearst was one of the first and most active participants in the
final assault. Certainly his new control of the production of wood pulp paper
influenced his decision to attack marihuana; otherwise he could have lost a
significant sum of money if hemp had emerged as a raw material source for the
manufacture of newsprint as the plant's promoters suggested. This scenario of
interlocking financial interests also applied to the investment bankers who
provided the capital for the newspaper publishers, such as Hearst, to acquire
an interest in the production of newsprint. In connection with these
observations, it is interesting to note that, prior to the 1930s, Hearst had
used his papers to attack the bastions of banking. However, by the time of the
final assault against marihuana, Hearst had developed a new allegiance with
this powerful business community.
Additional
evidence was offered in 1929, which linked the wood pulp industry to the
Department of Agriculture in the plot, described previously, to sabotage the
development of farm wastes as an alternative source. The focus was not on hemp
at this time, but what occurred was reflective of what happened to hemp during
the 1930s. This plot emerged in 1927, when an appropriation of $50,000 to
conduct research into the utilization of farm wastes was secured for the
Bureau of Standards. This appropriation was opposed by the Department of
Agriculture on the grounds that the Bureau of Forestry and Forest Products
already conducted the research. In reality, though, this government agency
only searched for different types of wood to use for the production of paper.
The simple truth of the matter was that the Bureau of Forestry and Forest
Products was merely a government operated research center for the wood pulp
industry. On an annual basis the Bureau of Forestry and Forest Products
received approximately a million dollars for its specific research, yet during
its twenty-year history very little progress had been made. Meanwhile, by
1929, the United States imported eighty percent of its wood pulp paper. This
import market was worth $275,000,000. In light of this potentially lucrative
market for the American farmer, it seems rather puzzling that the Department
of Agriculture would not endorse $50,000 to conduct research for the
development of farm waste for the production of paper.
A
similar conflict of interest becomes apparent again in 1929, when Blair Coan,
a Washington newspaper correspondent, revealed that the Department of
Agriculture had suppressed information for twenty years, which suggested that
white paper could be made cheaper and better from the cellulose of farm crops
than from wood. With regard to the previous allegation, it is particularly
relevant to recall the Yearbook of the United States Department of
Agriculture from 1910, in which the following statement was made:
"In addition to the waste materials that are
available, evidence has been gathered that certain crops can probably be
grown at a profit to both the grower and manufacturer, solely for
paper-making purposes. One of the most promising of these is hemp."
This Yearbook article seems to have been the most
extensive treatise written about the subject of alternate sources dating from
the period of time twenty years prior to 1929. Based on this coincidence,
there seems to be ample evidence to suggest that hemp was "one of the
most promising" crop plants about which the Department of Agriculture was
attempting to suppress the availability of agricultural and economic
information from the public. Further inspection reveals that the Department
was presented with similar data regarding the economic potential of hemp on
several occasions during this twenty year period, and, in each instance the
Department declined to act.
During
the same period of time, the national press coverage of alternative sources
for the production of paper also displayed opposition to the use of farm
wastes for such an endeavor. Hemp was not openly referred to in the media
coverage of alternative sources, but any individual interested in the
production of paper from farm wastes would have known about hemp's unique
properties. Instead, the main topic was cornstalks, since there was an
abundance of this type of farm waste. On March 2, 1929, the New York Times featured
a prominent article on alternative sources in its March 10, 1929, Sunday
edition. The headline read, "CORNSTALK PAPER NOT SATISFACTORY." This
article was released only eight days after Senator Thomas Schall had delivered
his final speech on alternative sources before the Senate, which described the
previously discussed conspiracy to stop government aid for the establishment
of a farm waste industry for the agricultural community.
According
to the New York Times article, newspaper publishers had found cornstalk
paper to be a poor substitute for wood pulp newsprint. In addition to being a
poor substitute, it was stated that the cost of production for cornstalk
newsprint was much greater. These negative aspects led the article's author to
conclude that farmers could expect little direct benefit from the development
of farm waste industries. Instead, the author suggested that:
"Publishers of Cornbelt newspapers have been giving
cornstalk newsprint a 'ride' and incidentally whooping it up for the
utilization cornstalk waste as a means of industrializing farm communities
and fattening the income of the farmer."
Clearly, the author was attempting to dissuade potential
investors by claiming that the entire operation was promotional. At first
glance this appears to be a noble gesture, but a closer inspection of the
article reveals a technical slip. While discussing the prices the farmer could
expect for his farm waste the author stated that:
"Estimates of the recoverable value to the farmer of
his waste stalks run all the way from $5 to $12 an acre, the figure most
frequently being suggested being $10. It is difficult to see where he can
ever hope to realize anywhere near that figure."
However, the correct figure was not $5 to $12 per acre, but
rather $5 to $12 per ton. How did such an error find its way into publication?
The price by tonnage significantly increased the earning potential because for
every acre of cultivation two to six tons of waste existed. Considering the
context of the article and this specific error, it seems that there was a
deliberate attempt to downplay the significance of developing farm waste
industries.
A
few weeks later another negative statement was printed in the New York
Times. It was presented by the head of the Newsprint Institute, R. S.
Kellogg, who noted that, "Cornstalk paper publicity goes merrily
on." In this release, Kellogg cited an official statement made by the
Bureau of Standards regarding a promotional book on farm products in the
industry. This particular book was heralded as the first to be printed on
paper made from cornstalks. The official statement from the Bureau of
Standards read as follows:
"A sample from the book, "Farm Products in
Industry," by G. M. Rommel, consisted of 25 per cent cornstalk fiber,
55 per cent sulphite fiber, and 20 per cent flax fiber." - The question
arises, therefore, why this paper should not be heralded as sulphite paper
or flax paper with as much accuracy as it has been widely advertised as
cornstalk paper."
Obviously the wood pulp industry was concerned about the
potential development of markets for alternative sources, otherwise why would
the head of the Newsprint Institute have felt compelled to release such a
derogatory statement to the editor of the New York Times?
In
the end, the efforts of the wood pulp industry in conjunction with the
Department of Agriculture successfully quelled the brief surge of
Congressional interest in developing farm waste industries for the farmer.
Instead, legislators and the wood pulp industry decided to develop the
Southern Pine as an alternate source for the production of paper.
Coincidentally, the Southern Pine became a serious topic about the same time
that cornstalks were ruled out as a possibility. In connection with this
development, it is very interesting to note the positive reception given to
the proposal to utilize the Southern Pine, as opposed to the negative
reception encountered by farm waste legislation.
Starting
in 1932, the Department of Agriculture released an influential report which
supported the development of the Southern Pine as a source of wood pulp. This
report also stated that hemp was unsuitable for the production of paper.
Indications of the policy-to-be continued in 1934, when President Roosevelt
gave his approval of the plans to develop the Southern Pine for the production
of newsprint. The following year the Reconstruction Finance Corporation raised
to the possibility of governmental aid for the development of industries to
utilize the Southern Pine. Also during 1935, Roosevelt put the Civilian
Conserveration Corp to work reforesting the South, as well as sanctioning the
federal purchase of forest holdings to be leased to private timber concerns.
By 1937, the American Newspaper Publishers Association was urging publishers
to invest in the building of production facilities. The talk became reality in
1938, when a group of publishers in Texas were given a loan from the RFC and
started the construction of a plant near Lufkin, Texas. This facility opened
in 1940, and marked the shift of the forest products industry from the North
to the South. To stress the significance of this economic shift, wood pulp
grew to become the largest industry in five Southern states.
Meanwhile,
following the demise of farm waste legislation in 1930, promoters began to
stimulate interest in the cultivation of hemp. In 1931, the Bureau of Plant
Industry countered this activity by warning farmers to be wary of the hemp
promoters, insinuating that they were scam artists. Two years later, in 1933,
the Bureau of Plant Industry canceled Lyster Dewey's hemp breeding project.
Another suspicious event occurred in 1935, when a government cellulose expert
visited the National Cellulose Corporation of Minnesota and condemned the
operation. Based on the Bureau of Plant Industry's specialization, it seems
likely that the expert was sent by the agency. Regardless, this official's
action seems to have disillusioned investors and caused the company to fail.
Most importantly, though, the Bureau of Plant Industry never backed the new
hemp industry during the 1930s. Instead, the Bureau of Plant Industry
consistently maintained that the new hemp ventures were merely promotional
operations. In retrospect, it seems clear that the Bureau of Plant Industry's
guiding purpose was to stop the new hemp industry from reaching its full
potential. Each instance of sabotage was a continuation of the previously
cited cases of opposition to developing farm waste as an alternative source
for the production of paper.
When
the new hemp ventures began to emerge as a real threat to the wood pulp paper
industry in 1935, the Federal Bureau of Narcotics launched its final assault
against marihuana. The sudden move on the part of the Bureau to demonize
marihuana was indicative of the pattern of behavior which had been set before
1935, with regard to the development of farm wastes as an alternative source
for the production of paper. In the fight against alternative sources, the
International Paper and Power Company was a leader. Interestingly, this
company was financially linked to J. P. Morgan & Company. It is important
to note, that Du Pont was also financially linked to this powerful bank. Du
Pont was a participant in the wood pulp industry as the primary supplier of
the chemicals necessary for pulping. In addition to this interest, Du Pont had
also cornered the market on the synthetic fibers and plastics made from
cellulose derived from wood pulp. Furthermore, Du Pont was interested in the
development of the Southern Pine as raw material source for its cellulose
industries. Likewise, the International Paper Company, which had been reformed
as a result of the Public Utilities Holding Company Act of 1935, also expanded
its operations into the Southern region, especially from 1935 on, in
anticipation of utilizing the Southern Pine.
Du
Pont and International were not alone in the migration as other large
corporations entered the emerging Southern forest products industry. For
instance, the St. Regis Paper Company another Morgan interest, as well as the
Great Northern Paper Company and the Champion Paper Company, which were within
Chase Manhattan's sphere of influence, also migrated southward. By 1935, the
success of the Southern Pine as a new source of wood pulp was quickly becoming
the responsibility of the federal government and the financial institutions
which supported the movement, and eventually provided the capital to develop
the industry. To give an idea of this new responsibility, one estimate
predicted an investment of $500,000,000 would be necessary for the development
of the Southern wood pulp industry. A simple cursory glance at the history of
the government and these financial institutions prior to 1935, reveals that
both had consistently adopted conciliatory strategies to protect and further
their interests. Incidentally, the Southern forest products industry faced a
serious economic challenge from the nascent movement to utilize hemp as
alternative source for the production of raw cellulose. The previous
observation raises speculation about collusion between the Federal Bureau of
Narcotics and concerned industrial leaders. Commissioner Anslinger had been
appointed to his post by his future uncle-in-law Andrew Mellon, who at the
time had been the Secretary of the Treasury. In addition to serving as the
Secretary of the Treasury, Andrew Mellon along with his brother controlled the
Mellon Bank which was financially linked with J. P. Morgan & Company. On a
more personal level both Mellon brothers were a privileged members of J. P.
Morgan & Company's "preferred list." This list was composed of
corporate directors, government officials, and the heads of the nations
largest banks. As a group, these preferred clients were kept informed on all
aspects of the economy from which they shamelessly profited.
Among
this privileged financial caste were individuals directly associated with
International Paper, Du Pont, and other corporations financially interested in
the development of the wood pulp industry and its expansion in the South. Hemp
was undoubtedly unwelcome competition. Was it mere coincidence that the
Bureau's position toward marihuana abruptly changed in 1935, when Commissioner
Anslinger became aware of the surge of activity to develop hemp for the
production of cellulose pulp? Or was the final assault against marihuana
precluded by hidden motives stemming from the industrial and governmental
endorsement of plans to develop the Southern Pine as a new source of cellulose
pulp?
Certainly,
there is reason to continue the inquiry. During the final assault, the Bureau
redoubled its efforts to demonize marihuana. Its task was greatly facilitated
by the fact that the media, and various morality groups, as well as
bureaucrats and legislators were easily influenced by the financial
institutions which controlled all facets of the wood pulp industry. This
situation is best reflected in the phenomenal cooperative effort exhibited by
the government and private concerns to the develop the Southern Pine industry.
The campaign against marihuana was an extra protective measure to ensure the
success of the project. Initially, the Bureau's intense demonization of
marihuana had the effect of seriously diminishing investment capital flowing
into the development of the hemp industry. The following example serves to
demonstrate the ramifications of this dilemma.
In
Minnesota, after the National Cellulose Corporation failed, Joseph H.
Gunderson assumed control of matters during 1936. Gunderson had invested
heavily in the hemp venture from the beginning and throughout the past few
years of failure he had maintained a vision of a grand industry. To keep this
vision alive, he enlisted the financial aid of his associates and traveled to
Delaware, where he organized a new company Chempco, Incorporated. The new
company was listed under the liberal laws of Delaware, "to process, buy,
sell, deal in and use fibre plants, etc., etc." In addition to Gunderson,
Dr. J. M. Johnson, of Hartington, Nebraska, who had organized the Nebraska
Fibre Corporation during 1935 and had contracted to grow 3676 acres of hemp,
also invested in the company, along with his son.
Once
Gunderson returned to Minnesota, he proceeded with negotiations to purchase
hemp and he began organizing for the production of fiber at the old Union
Fibre Corporation plant at Winona, Minnesota. For the purchase of hemp,
Gunderson contacted Dr. Johnson and easily purchased the Nebraska crop. He
then offered to buy any of the 1934 and 1935 crops from Minnesota that the
farmers wanted to sell. Chempco, Inc. concentrated its efforts on producing
fiber from the Nebraska crops during 1936. The fiber which they obtained was
transferred for marketing to the Harry H. Strauss organization, which later
developed the Central Fibre Corporation and the Champagne Paper Company.
On
February 24, 1937, the Central Fibre Corporation was organized by Harry H.
Strauss and Lawrence F. Dixon. The purpose of the company was "to grow,
cultivate and produce, sell and generally deal in flax, hemp, and other
agricultural crops and products." It was located in Blue Earth,
Minnesota. That spring they contracted with local farmers and purchased
428,583 pounds of the 1934 and 1935 crops. Over the course of the summer and
fall, they produced a total of 148,090 pounds of fiber which was classified as
a mixture of hurd and short length fiber "tow." Strauss's other
commercial enterprise was the Champagne Paper Company. Apparently, the fiber
left at the Central Fibre Corporation mill in Winona, Minnesota was going to
be shipped to a paper mill in Brevard, North Carolina, where Strauss planned
to locate the Champagne Paper Company. The transfer was to occur once the
plant was completed. Nothing else is stated about the Champagne Paper Company.
However, in an article written by Strauss, "Paper from Flax and
Hemp," which appeared in the September, 1937, issue of the Farm
Chemurgic Journal, he discussed the company's intentions of producing
Bible, cigarette, carbon, condenser tissues, and similar grades of paper from
hemp.
During
the Congressional Hearings for the Marihuana Tax Act a representative for
Chempco, Incorporated was present. The use of term marihuana was a specific
concern of this representative. Because of the demonization of marihuana, hemp
now possessed a very deleterious stigma. Explaining his position during the
Senate Hearings, he stated: "I do not think the use of the word
'marihuana' belongs in this measure, because that is the word that came up
from Mexico and attached to these cigarettes. I see no use in it. This is hemp
being grown, not marihuana." According to the representative, there was a
definite necessity to differentiate between hemp cultivated for legitimate
industrial purposes and the drug marihuana. If this was not done, he feared
that "...we might lose an industry purely by the phraseology of the
measure."
Meanwhile,
in the spring of 1937, Chempco, Inc. had contracted with farmers to grow a new
crop of hemp. About the same time, the Central Fibre Organization had been
formed and the two companies entered into an agreement whereby the Central
Fibre Corporation would buy and process all the hemp produced by Chempco, Inc.
The other part of the agreement stipulated that the Central Fibre Corporation
would market the fiber. This business transaction never occurred because
Chempco, Inc. experienced a $25,000 loss in 1937, which forced the company to
cease operations. Before this loss occurred the company had purchased
2,611,259 pounds of the 1934 and 1935 hemp crops which were left in the field.
In the end, Gunderson was forced to resign on account of defalcations.
Nothing
was ever said about the circumstances of the $25,000 loss suffered by Chempco,
Inc. in the records of the Bureau. Considering the absence of an explanation,
there is reason to believe that investors withdrew because of the public
hysteria which had resulted from demonization of marihuana and the inevitable
threat of government regulations. In retrospect, the emergence of these three
commercial concerns was the apex of the new hemp industry in Minnesota. After
this episode the activity in Minnesota never really recovered. Gunderson,
Strauss, and Dixon were truly on the verge of establishing the cultivation of
hemp as a cash crop for the production of paper, plastics, and textiles, when
the Bureau destroyed their plans by frightening away their financial backers
and their farmers, both of whom did not want to be associated with the
supposedly insidious demon drug—marihuana.
In
conclusion, marihuana offered the Federal Bureau of Narcotics a convenient
means of protecting the special interests of the wood pulp industry. The
demonization of marihuana which occurred during the final assault forever
marred the public's perception of the hemp plant. It also allowed the Bureau
to gain jurisdiction over the commercial hemp ventures. Potential investors
did not want to risk their capital on a government controlled industry.
Furthermore, farmers were especially wary of cultivating hemp because of the
stigma of marihuana. Because of this impasse, the hemp ventures began to
default after the passage of the Tax Act in 1937. To ensure that this process
was finalized, the Bureau sabotaged the remaining concerns by using the
stipulations of the transfer tax as a medium to stop business transactions.
This underhanded tactic quickly drained the waning energy of the original
promoters and forced them to abandon their dreams of developing hemp as a cash
crop for the economically depressed agricultural community and as a raw
material for the manufacture of cellulose products.