By Dr. Walter R. Rhodes
Published by Texas Chiropractic Association, 303 International Life Building, Austin, TX 78701.As authorized by the various Boards of Directors of the Texas Chiropractic Association from 1958 to 1977, the idea first being presented to the board by E. L. Bauknight in 1958.
These excerpts are presented for educational purposes.
Dr. S T. McMurrain of Dallas, Texas, has the dubious distinction of being one of the two chiropractors named in the official Texas Medical History as part of the “chiropractic threat,” and he deserved to be a part of their history because he was, in fact, a vocal part of a force they spent much time and money to silence, but they only succeeded for one day – one day in jail. The Executive Committee of the Texas Medical Association, meeting in El Paso in 1927 spent more time than that reporting his activities and planning how to stop him more effectively in the future.
Indeed he was a most excellent aggravation to them and deserves much more than a mere honorable mention in either medical or chiropractic history.
Oldtimers in Hillsboro still remember the brash youngster just out of Davenport, Iowa’s Universal Chiropractic College (August 31, 1917), who settled in Hillsboro because nearby Axtell, was the residence of his future wife. When he came he was “experienced in practice” because he had worked vacationing Dr. Charles C. Lemly’s practice for three weeks in Waco.
In February, 1918, the Hill County Medical Society held a special meeting concerning this new chiropractor in town and they decided to run him out. This news was reported by Mr. Harrell, the local court reporter, a patient and a fellow church member who had been told to make McMurrain aware of the discussion. Mr. Harrell was in turn instructed to tell any interested parties that McMurrain’s response was, “Nobody asked me to come, and nobody’s running me out."
Before the month was out six cases of practicing medicine without a license were filed and Sheriff McDaniel notified McMurrain he must pay $50.00 bond for each or get qualified cosigners.
Mr. Will Williams was pleased to sign one and he, as president of the Farmer’s National Bank in Hillsboro, soon directed McMurrain to several other very influential businessmen who also signed bonds. That was one lesson the local medical doctors needed to learn: Chiropractic knows no boundaries that limit its appeal to any certain class. Mr. Williams had been relieved of a chronic back ailment and didn’t mind showing his gratitude publicly.
Tom Morris, legal counsel for the Universal Chiropractic Assn., came to take charge of the defense as events quickly developed toward a trial.
Mr. Shedd, the prosecutor, told Dr. McMurrain privately that he personally regretted the action but was afraid to squash it for fear it would harm his political future.
Mr. Shedd has been so lost in history we cannot discover his initials, but the local attorney hired to assist Tom Morris in the selection of a jury, was Pat M. Neff. Mr. Neff went on to become Governor of Texas and later became president of Baylor University; and if anyone inadvertently forgets his initials they can be located in any Texas history book.
The Hill County Courtroom was filled with spectators – and the rest of the county population read about it in the front pages of the Hillsboro Mirror. They read and heard testimony from a man whose right arm couldn’t be used until he went to Dr. McMurrain; and a lady, Mrs. Williams, the wife of a furniture store operator, whose goiter had reduced 2 3/4 inches by her own measurements. But the success stories only proved the guilt of Dr. McMurrain under existing law. He was convicted twice, a rare loss for Tom Morris.
In June, 1918, McMurrain went to France as a part of the Medical Reserve Corps of Dallas. He ultimately returned to Dallas and bought out the established practice of Dr. C. W. Billings who had been in Dallas several years.
The Dallas doctors met together frequently and, during one of their meetings held in Dr. McMurrain’s office in 1920, the Dallas County Chiropractic Society, which still meets regularly, was organized.
The Dallas chiropractors were being noticed in the early 1920s. But then so were many others across the state. The chiropractors were gaining more than a few victories in court, making too many influential friends and creating far too many waves for medical comfort.
The first state-wide public relations program came about in the early 1920s. It did what it was supposed to do, but it also polarized enemies and precipitated a new wave of indictments and trials, and probably was the major impetus for a new Texas law.
Before this time the persecutions were isolated and rather individual, but they were soon to become much more carefully planned.
Dr. F. A. Black of Wichita Falls was president in 1921 when the Texas State Chiropractic Association decided to advertise ethically for the profession in a more extensive manner than ever before, the previous advertising being by individuals who were not always too careful in their claims.
Ed Bateman, then with Holland’s Farm and Ranch, a weekly Dallas publication and later a reporter with the Dallas Times Herald, went with Dr. Black and Dr. S. T. McMurrain to the Texas State Chiropractic Association Board of Directors meeting in Galveston. A state-wide effort was begun in 1921 with board approval and with the advice and counsel of Mr. Bateman.
Mr. J. W. Parks, a Dallas musician who had been elected to the legislature from Dallas County, helped raise the funds. Chiropractors from all over the state were visited by Mr. Parks and he signed up men to give 1/26th of their monthly gross to an advertising fund. Most Texas chiropractors supported the program, Dr. R. S. Marlow of San Antonio being the biggest contributor for the year the program continued.
Enough money came in to place regular ads in 38 newspapers across Texas and, as one would expect, editorial support for Texas chiropractors came much easier afterwards. True to the American tradition the free enterprise system sparked interest in its usual way. And these ads also are credited with attracting attention in the medical circles because they soon began to force more and more arrests and prosecutions.
The Injunction Law, originating from the Dallas County medical doctors and designed exclusively for the elimination of "the chiropractic problem", was passed in 1923. Its major provision was that if one was found guilty of practicing medicine without a license then to continue practice became a jailable offense – that is, one was enjoined permanently from continuing to practice. It was never widely enforced, although it was much feared by the chiropractors. In all probability it would be found unconstitutional if put to the test. As a practical matter, the prosecutors usually refused to use it even when severely urged to do so my medical interests.
Under existing law a chiropractor charged with practicing medicine without a license could post bond and continue practicing. Even if convicted he could post an appeals bond and continue practicing for an indefinite period.
In this way, under the old system, chiropractic flourished in the face of strong opposition and well planned persecution. Several chiropractors had been arrested 10 to 12 times and a few had up to 20 or 30 arrests with charges of practicing medicine without a license lodged against them and they were often gained and maintained successful practices, some handling up to 100 patients per day.
The arrests, trials and attendant publicity not only stirred hot debate but often served as a form of free advertising for some of the bolder and more aggressive chiropractors. This was not welcomed by the medical doctors – although it must be said that most chiropractors welcomed it only as one of the very few blessings that might come from a bitter persecution.
The Injunction Law was planned and aimed squarely at the chiropractic profession and every chiropractor and medical doctor knew it very well. But, as usual, the truth wouldn’t have served private interests as well as deception The proposal was publicly advertised to be non-discriminatory and much publicity was aimed at making its non-discriminatory features well known and accepted by the public. It was said of it the customary thing, that it was “in the interest of the public health."
Beginning in 1922 the medical doctors began an aggressive program of public education. One prong of the attack consisted of personal appearances of doctors before service clubs, civic groups and other public organizations. Other attacks were mounted in the public media. Newspaper articles and radio programs began to beat the drums in unison to propose for the Injunction Law. This organized effort to destroy chiropractic was probably stimulated also by the beginning successes of serious efforts by chiropractors to gain a licensing law – which struggles first began to show fruit with the introduction of the chiropractic bill introduced by Dr. Charles Lemly in 1923. The bill was promptly stifled in the public health committee of the Texas Legislature but it got a lot of attention in the media.
The Dallas News, along with the other news media, were beginning to report the chiropractors’ efforts in the legislature with favor, especially since the Texas Chiropractic College in San Antonio had been in continuous operation since 1908, with steadily climbing requirements for graduation into the newest profession.
Dr. Clyde M. Keeler was then practicing in Mt. Pleasant, Texas, and a friendly medical doctor showed him a postcard sent out by the secretary of the Titus County Medical Society to the doctors of that group, reminding them of a meeting called in Mt. Pleasant. The medical speakers were to be Dr. C. M. Rosser, Sr., of Dallas and Dr. Joe Becton, Sr., of Greenville and there were to speak on, “How To Stamp Out the Chiropractor!"
Dr. Keeler mailed it to Dr. S. T. McMurrain who went to a newspaper friend to compose an ad for chiropractic using the card as a base. The ad was taken to the legal department of the Dallas News where Mr. Tom Finty and Mr. Wasson gave it their blessing. The ad was a bout 2/3 page.
It proclaimed, “You say in public this proposed legislation is non-discriminatory but in private (with a large red arrow pointing to the postcard) you say ‘Stamp Out The Chiropractor.’"
(There were five offices in Dallas at the time: Dr. Ashby T. Harris who had practiced in Dallas since 1915, Drs. W. E. and Anna Walker, Dr. Ralph Guy, Dr. W. W. Davis, and Dr. S. T. McMurrain.)
He felt it would be good if the ad were run in the name of the Dallas County Chiropractic Society but the others did not agree They felt it would be like waving the proverbial red flag in front of a bull and might provoke a wave of arrests and trials. Later events proved them all correct in their prophecies.
Dr. McMurrain then did the thing alone, paying $300.00 of his own money for the ad. He later observed that it had brought him thousands of dollars in business over the next few years.
Although it did not stop the enactment of the Injunction Law, the ad did pave the way for better public relations. Chiropractors in those days often circulated petitions in support of their legislative efforts which many people refused to sign, but after the appearance of the ad, which became known all over Texas, people more readily signed such petitions and resistance to the chiropractic cause perceptibly lessened.
More and more the people were beginning to understand that the opposition to chiropractic was seldom guilty of sticking to the truth.
