The Struggle for Control of the Indian Root Pills
The agreement of August 10, 1855, between Andrew J. White and the Comstocks established a partnership "for the purpose of manufacturing and selling Dr. Morse's Indian Root Pills and for no other purpose," the partners thereof being A.J. White as an individual and Comstock & Brother as a firm. The new partnership was named A.J. White & Co., but White contributed no money or property—nothing but the right to Dr. Morse's Indian Root Pills. The Comstock firm supplied all of the tangible assets, together with the use of their existing business premises. In turn, Comstock was to receive three fourths and White one fourth of the profits. In brief, the new firm, although bearing White's name, was controlled by the Comstocks.
It is not clear why Moore, the originator of the pills, was not taken into the new business or otherwise recognized in the agreement. As we have seen, White claimed absolute ownership of Dr. Morse's Indian Root Pills, but Moore evidently did not agree, for he continued to manufacture and peddle his own pills, at the same time denouncing those prepared by A.J. White & Co. under Comstock control as forgeries. Moore had previously been in business in Buffalo, at 225 Main Street, under his own name; an announcement in the 1854 Buffalo City Directory (the
Commercial Advertiser
) describes his firm as successor both to C.C. Bristol and to Moore, Liebetrut & Co. The same directory shows White as merely a clerk at Moore's place of business, although he was made a partner sometime during 1854.
Cyrenius C. Bristol, whose business Moore took over, had entered the drug trade in 1832, initially in partnership with a Dr. G.E. Hayes. In the drug field his best known preparation was Bristol's renowned sarsaparilla, and he is credited with having originated the patent-medicine almanac, along with other advertising innovations. The patent-medicine business, however, represented merely one of his wide-ranging interests; he was also a co-owner of vessels plying the Great Lakes, a publisher, and a dabbler in such occult arts as Mesmerism, Phrenology, and Morse's theory of the electric telegraph. In 1855 he appeared as the proprietor of the
Daily Republic
, and it was perhaps his growing involvement in publishing that led him to turn his drug business over to Moore.
While we know this much about Moore's antecedents, a very considerable mystery remains. If Moore was the proprietor of his own apparently prosperous drug and medicine business in Buffalo in 1854, with White as one of his clerks, how did it happen that in the following year White represented himself to the Comstocks as the sole owner of Dr. Morse's (Moore's) Indian Root Pills? And Moore, although he initially disputed this claim, left his own business in Buffalo and ultimately joined White and the Comstocks, not even in the capacity of a partner, but merely as an employee.
These events would seem, however, to date the origin of the Indian Root Pills fairly closely. Moore was already manufacturing them in Buffalo prior to White's initial agreement with the Comstocks, but as he did not mention them by name in his
Commercial Advertiser
announcement in 1854, it is a fair presumption that the pills were new at this time. But they must have caught on very rapidly to induce the Comstocks to enter a partnership with White, under his name, when he contributed only the Indian Root Pills but no cash or other tangible assets.
| FIGURE 7.—Wrapper
for Dr. Morse's Indian Root Pills, A.J. White & Co., sole
proprietor. |
a |
b | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
c |
d | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
e |
f | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
g | FIGURE 8.—Indian Root Pilllabels: a, original used by Moore, the originator of thepills; b, initial label used by A.J. White & Co. underComstock ownership, 1855-1857; c, revised label adopted byComstocks in June 1857 after Moore changed the color of his labelto blue; d, label adopted by Moore and White for sellingin competition with the Comstocks, 1859. Obviously printed fromthe same plate as c, but with an additional signature justabove the Indian on horseback; e, new label adopted by theComstocks after the departure of Moore and White; f, labelused in the final years of the business; g, label, inSpanish, used in final years for export trade to LatinAmerica. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
While manufacturing the pills in Buffalo, Moore had been packaging them under a yellow label bearing a pictorial representation of the British coat-of-arms, flanked on one side by an Indian and on the other by a figure probably supposed to represent a merchant or a sea captain. The labels also described Moore as the proprietor, "without whose signature none can be genuine." And after the formation of A.J. White & Co. and the purported transfer of Dr. Morse's pills to it, Moore still continued to sell the same medicine and to denounce the White-Comstock product as spurious. The latter was packaged under a white label showing an Indian warrior riding horseback and was signed "A.J. White & Co." While the color was shortly changed to blue and the name of the proprietor several times amended through the ensuing vicissitudes, the label otherwise remained substantially unchanged for as long as the pills continued to be manufactured, or for over 100 years.
The nuisance of Moore's independent manufacture of the pills was temporarily eliminated when, on June 21, 1858, Moore was hired by A.J. White & Co.
and abandoned competition with them. The Comstocks, in employing him, insisted upon a formal, written agreement whereunder Moore agreed to discontinue any manufacture or sale of the pills and to assign all rights and title therein, together with any related engravings, cuts, or designs, to A.J. White & Co. As previously stated, the two Comstock brothers, Judson, and White had offered either to sell the Indian Root Pill business in its entirety to Moore, or to buy it from him. Moore's employment by A.J. White & Co. presumably followed his election not to purchase and operate the business himself.
So far so good. The Comstocks' claim to the Indian Root Pills through the 75 percent controlled A.J. White & Co. now seemed absolutely secure and the disparagement of their products at an end. But new dissension must have occurred, for on New Year's Day of 1859, without prior notice, Moore and White absented themselves from the Comstock office, taking with them as many of the books, accounts, records, and other assets of A.J. White & Co. as they could carry. Forthwith they established a business of their own, also under the name of A.J. White & Co., at 10 Courtlandt Street, where they resumed the manufacture and distribution of Dr. Morse's Indian Root Pills, under a close facsimile of the label already being used by the A.J. White-Comstock firm.
These events left the Comstocks in an embarrassing position. For over three years they had been promoting the A.J. White trade name, but now they could hardly keep a competitor from operating under his own name. Their official attitude was that the old firm of A.J. White & Co. was still in existence and controlled by the Comstocks. But shortly they conceded this point tacitly when they introduced new labels for the Indian Root Pills, under the name and signature of B. Lake Judson, and advised that any accounts or correspondence with A.J. White & Co. still outstanding should be directed to the new firm of Judson.
Obviously, this state of affairs was extremely confusing to all of the customers. Judson traveled widely through the Canadian maritime provinces and prevailed upon many merchants to disavow orders previously given to the new A.J. White firm at 10 Courtlandt Street. On April 28, 1859, White and Moore, for their part, appointed one James Blakely of Napanee, Canada West, to represent them in the territory between Kingston and Hamilton "including all the back settlements," where he should engage in the collection of all notes and receipts for the Indian Root Pills and distribute new supplies to the merchants. On all collections he was to receive 25 percent; new medicines were to be given out without charge except for freight. In his letter accepting the appointment, Blakely advised that:
I think the pills should be entered here so as to avoid part of the enormous duty. 30% is too much to pay. I think there might be an understanding so that it might be done with safety. Goods coming to me should come by Oswego and from thence by Steamer to Millport. By this route they would save the delay they would be subject to coming by Kingston and avoid the scrutiny they would give them there at the customhouse.
| FIGURE 9.—"To
Purchasers of Dr. Morse's Indian Root Pills"—a warning by James Blakely, Canadian agent for A.J. White, against the "counterfeit" pills manufactured by the Comstock firm. |
The great bulk of the notes and accounts which were assigned to Blakely for collection were undoubtedly accounts originally established with the old A.J. White & Co. and therefore in dispute with the Comstocks. But in any case, Blakely went vigorously up and down his territory, frequently crossing the paths of agents of the Comstocks, pushing the pills and attempting to collect outstanding bills owed to A.J. White & Co. by persuasion and threats. On July 2, 1860, he wrote that:
My sales have been pretty good. Comstock Pills are put in almost every place, generally on commission at a low figure, but I get them put aside in most cases and make actual sales so they will be likely to get them back.
Meanwhile, back in New York City, the fight between the erstwhile partners went on, mostly in the legal arena. On April 14, 1859, the sheriff, at the instigation of the Comstocks, raided White's premises at 10 Courtlandt Street and seized the books, accounts, and correspondence carried away by White and Moore on January 1. Simultaneously, the Comstocks succeeded in having White and Moore arrested on a charge of larceny "for stealing on last New Year's Day a large number of notes and receipts," and in September White was arrested on a charge of forgery. Since the alleged offense took place in Pennsylvania, he was extradited back to that state. Neither the circumstances nor the disposition of this case is known, but since White claimed the right to collect notes issued by the old A.J. White & Co., it is probable that the charge arose merely out of his endorsement of some disputed note. On this occasion the Comstocks printed and distributed circulars which were headed: "Andrew J. White, the pill man indicted for forgery," and thereunder they printed the requisition of the governor of New York in response to the request for extradition from Pennsylvania, in such a way as to suggest that their side of the dispute had official sanction.
The Comstocks must also have discovered White's and Blakely's arrangement for avoiding "scrutiny" of their goods shipped into Canada, for on July 29 there was an acknowledgment by the Collector of Customs of the Port of Queenston of certain information supplied by George Wells Comstock, William Henry Comstock, and Baldwin L. Judson on goods being "smuggled into this province."
While the principal case between the Comstocks and White and Moore was scheduled for trial in December 1860, no documents which report its outcome were discovered. However, it is a fair surmise that the rival parties finally realized that they were spending a great deal of energy and money to little avail, injuring each other's business in the process and tarnishing the reputation of the Indian Root Pills regardless of ownership. In any case, a final settlement of this protracted controversy was announced on March 26, 1861, when White and Moore relinquished all claims and demands arising out of the sale of Dr. Morse's Indian Root Pills prior to January 1, 1859.
| FIGURE 10.—As one
episode in the contest between the Comstocks and White and Moore
for control of the Indian Root Pills, the Comstocks succeeded in
having White indicted for forgery and briefly lodged in jail. |
Since no copy of this agreement was found, we do not know what inducement was offered to Moore and White. However, hundreds of announcements of the settlement, directed "To the debtors of the late firm of A.J. WHITE & CO." were printed, advising that
The controversy and the difficulties between the members of the old firm of A.J. White & Co. of No. 50 Leonard Street, New York, being ended, we hereby notify all parties to whom MORSE'S INDIAN ROOT PILLS were sent or delivered prior to January 1, 1859, and all parties holding for collection or otherwise, any of said claims or demands for said Pills, that we the undersigned have forever relinquished, and have now no claim, right, title or interest in said debts or claims, and authorize the use of the names of said firm whenever necessary in recovering, collecting and settling such debts and claims.
The announcement was signed by Andrew J. White and Andrew B. Moore.
This should have been the end of this wearisome affair, but it was not. It soon appeared that Moore had violated this agreement by concealing a number of accounts, together with a quantity of pills, circulars, labels, and a set of plates, and, in the words of Comstock's complaint, transferred them "to James Blakely, an irresponsible person in Canada West." And Blakely evidently continued to collect such accounts for the benefit of himself and Moore. However, the Comstocks also entered the scene of strife, and sometime during the summer of 1862 William Henry Comstock, then traveling in Ontario, collected a note in the amount of $7.50 in favor of A.J. White & Co., as he had every right to do, but endorsed it "James Blakely for A.J. White & Co." Blakely, when he learned of this, charged Comstock with forgery; Comstock in turn charged Blakely with libel. Comstock probably defended his somewhat questionable endorsement by the agreement of March 26 of the previous year; in any event the case was dismissed by a Justice of the Peace in Ottawa without comment. In New York City, on November 25, the Comstocks had Moore arrested again, with White at this time testifying in their support. There was also an attempt to prosecute Blakely in Canada; his defense was that he had bought the disputed accounts and notes from Moore on March 11, 1861—a few days before the agreement with the Comstocks—and that his ownership of these notes was thereafter absolute and he was no longer working as an agent for Moore.
This controversy was still in the courts as late as April of 1864, and its final outcome is not known. But in any case, aside only from Moore's and Blakely's attempts to collect certain outstanding accounts and to dispose of stock still in their hands, the agreement of March 26, 1861, left the Comstocks in full and undisputed possession of Dr. Morse's Indian Root Pills. White thereafter continued in the patent-medicine business in New York City on his own; his firm was still active as recently as 1914. The subsequent history of Moore is unknown.