USA vs WILHELM REICH 1954-1957                                        provided by PORE -- last update (97may26) - orgone - usa
from court docket volumes ( Pore's item wr40505da )


Answer of Interveners
Charles Hayden April 29, 1954

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE: SOUTHERN DIVISION
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UNITED STATES OF AMERICA,

THE WILHEIM REICH FOUNDATION, a Maine corpor-
ation, WILHEIM REICH and ILSE-OLLENDORFF,

ELSWORTH F. BAKER, K.M. BREMER, PHILIP GOLD,
SIDNEY HANDELMAN, MORTON HERSKOWITZ, CHARLES
I. OILER, CHESTER M. RAPHAEL, MICHAEL SILVERT,
VICTOR A. SOBEY, WILLIAM F. THORBURN, OSCAR
TROPP, SIMEON J. TROPP, EILEEN WALKENSTEIN,
JAMES A. WILLIE. and ALBERT I. DUVALL,

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     Interveners, above named, by Dublirer & Haydon, their attorneys herein, for their answer to the complaint for injunction:

     1. Deny each and every allegation contained in paragraph 1 of the complaint, except admit that section 302 (a) of the Federal Food, Drug and Cosmetics Act [21 U.S.C. 332(a)] purports to invest the several United States District Courts with jurisdiction, for cause shown, and subject to specified other provisions of law, to restrain violations of section 301 of said Act (21 U.S.C. 331) except paragraphs (e), (f) and (h)-(j) thereof

     2. Deny each and every allegation contained in paragraph 2 of the complaint, except admit that Wilhelm Reich is an individual who resides at Rangeley, Maine, admit that The Foundation is a non-profit corporation located at Rangeley, Maine, organized and existing as such corporation under the laws of the State of Maine, and as such is authorized to, and does, among other things, conduct research and teaching in cosmic orgone energy (orgone physics, orgone biophysics) and natural science generally, its medical, technical and other applications, and is further authorized to preserve the discoveries of Wilhelm Reich and secure them for posterity, and to publish any material concerning the discovery and work of Wilhelm Reich, and all future work of The Foundation based on these discoveries; admit further that in furtherance and in pursuance of its authority, The Foundation manufactured orgone energy accumulators and prior to March 19, 1954, manufactured, distributed, delivered and caused such accumulators to be distributed in various states of the Union, and admit further that Ilse Ollendorff, is also known as Mrs. Wilhelm Reich and holds a position with such Foundation.

     3. Deny each and every allegation contained in paragraph 3 of the complaint, except admit that there are different types of orgone energy accumulators, admit further that Exhibit A attached to the complaint represents one of such types and is a true copy of page 31 of the scientific publication entitled "The Orgone Energy Accumulator"; admit further that orgone energy accumulators, are constructed of alternate layers of orgone energy-attracting and orgone energy-repelling material; admit further that those accumulators with doors have the doors so attached that they may be opened and shut, and admit further that some orgone energy accumulators have conduits comprised of alternate layers of orgone energy-attracting and orgone energy-repelling material.

     4. Deny each and every allegation contained in paragraph 4 of the complaint, except admit that there are orgone energy accumulators designed for local application also constructed of alternate layers of orgone energy-attracting and orgone energy-repelling material, and admit further that exhibit C attached to the complaint is a true copy of page 37 of the aforesaid scientific publication.

     5. Deny each and every allegation contained in paragraph 5 of the complaint, except admit that exhibits B and D are true pictures of orgone energy accumulators, admit further that these accumulators are constructed of alternate layers of orgone energy-attracting and orgone-energy-repelling material; admit further that such accumulators are for use in bed or for local application; and admit further that complaint exhibits B and D, respectively, are true copies of pages 32 and 38 of the aforesaid scientific publication.

    6. Deny each and every allegation contained in paragraph 6 of the complaint, except admit that complaint exhibit E is a true copy of an orgone energy accumulator which is constructed of alternate layers of orgone energy-attracting and orgone energy-repelling material, and admit further that complaint exhibit E is a true copy of page 39 of the aforesaid scientific publication.

    7. Deny each and every allegation contained in paragraph 7 of the complaint, except admit that an organe energy accumulator is not connected with or plugged into any man-made source of electricity or other man-made source of energy or power.

     8. Deny each and every allegation contained in paragraph 8 of the complaint, except admit that orgone energy accumulators have been purchased or rented for scientific purposes, for experimental purposes, for educational purposes and for medical purposes under the prescription of a duly licensed physician.

     9. Deny each and every allegation contained in paragraph 9 of the complaint, except admit that persons may hear of orgone energy accumulators in conversations with other persons; admit further that persons may learn of the defendants' publications by statements on covers of defendants' publications that such publications are for sale at specified prices, by exhibitions of defendants' publications, by book references and by receiving mail.

     10. Deny each and every allegation contained in paragraph 10 of the complaint, except admit that defendants have distributed. among the various states of the Union certain scientific reports and publications which have been printed by The Orgone Institute Press, which is the publishing house of The Wilhelm Reich Foundation, located at Rangeley, Maine.

     11. Deny each and every allegation contained in paragraph 11 of the complaint, except admit that there have been sent through the United States mails lists of and order blanks for scientific reports and publications among which were those set :forth in paragraph 11 of the complaint.

     12. Deny each and every allegation contained in paragraph 12 of the complaint, except admit that Wilhelm Reich has discovered a form of energy present in the atmosphere and present in all organic matter, which energy has been termed "orgone energy".

     13. Deny each and every allegation contained in paragraph 13 of the complaint, except admit that Wilhelm Reich has discovered a method of accumulating from the atmosphere orgone energy in an orgone energy accumulator, where it is available for scientific, educational, experimental and medical purposes; admit further that accumulators were made from 1940 to 1949 under the supervision, direction and control of Wilhelm Reich, and thereafter under the supervision, direction and control of The Foundation, its offiders, agents and employees.

     14. Deny each and every allegation contained in paragraph 14 of the complaint, except admit that defendants' claim that orgone energy is demonstrable, useful and measurable, and admit further that orgone energy is useful and is demonstrable and measurable by the use of scientific data and instruments.

     15. Deny each and every allegation contained in paragraph 15 of the complaint, except admit that defendants state in certain of their scientific publications that scientific experiments show that certain types of organic material which attract orgone energy should constitute the outer layer of an accumulator, that certain orgone energy-repelling materials, among which are certain metals, attract orgone energy but repel it and that by the employment of alternate layers of orgone energy-attracting and orgone energy-repelling material, orgone energy is directed to the inside of an accumulator where it is collected and concentrated.

     16. Deny each and every allegation contained in paragraph 16 of the complaint, except admit that exhibits A to E, attached to the complaint, show methods of use of orgone energy accumulators.

     17. Deny each and every allegation contained in paragraphs 17, 18, 19, 20 and 21 of the complaint.

     18. Deny each and every allegation contained in paragraph 22 of the complaint, except admit that no cure is claimed from the use of the orgone energy accumulator, and admit further that the language quoted in said paragraph 22 comprises extracts, taken by plaintiff out of context, from factual reports of scientific experiments conducted and reported by recognized and qualified scientists.

     19. Deny each and every allegation contained in paragraph 23 of the complaint, except admit that there is a small metal plate affixed to, or ink impression stamped on, the side of every accumulator, and admit further that before any accumulator is sent to any person, such person is sent the items set forth as subdivisions (a) through (g) of said paragraph 23, and admit further that no accumulator is delivered to any person until and unless such person specifies whether he desires the accumulator for medical, non-medical or experimental use, and in the event it is desired for medical use or medical purposes, no such accumulator is sent to any person unless and until he has returned the report or prescription from a duly licensed physician.

     20. Deny each and every allegation contained in paragraph 24 of the complaint, except admit that orgonomy is a science and admit further that for purposes of identification of concepts incident to and within the ambit of such science, terms of reference have been created.

     21. Deny each and every allegation contained in paragraph 25 of the complaint, except admit that warnings have appeared that accumulators are to be kept at least three rooms away from an operating X-Ray machine, that said accumulators should not be used in proximity to operating X-Ray equipment, and the further warning against experimenting with radioactive materials in combination with orgone energy, and admit further that orgone energy is a form of energy.

     22. Deny each and every allegation contained-in paragraph 26a.of the complaint, except admit that the scientific publications mentioned in said paragraph 26 a. contain a photograph of orgone energy luminating in a 0.5 micron pressure tube.

     23. Deny each and every allegation contained in paragraph 26 b. of the complaint, except admit that the scientific publication entitled, "The Oranur Experiment", contains photo 1, captioned as "X-Ray photograph of the excited OR energy field between the palms" and contains photo 3, captioned as "X-Ray photograph of OR energy field, from an alcohol flame. The flame was placed between the X-Ray tube and the X-Ray plate. Exposure: 0.1 second, 64 Kv, 30 MA"

     24. Deny each and every allegation contained in paragraphs 27, 28 and 29 of the complaint.

      WHEREFORE, interveners pray for an order dismissing the complaint, granting interveners judgment for their costs herein and granting such other and further relief as to the Court may seem just and proper in the premises.

Dated: New York, N. Y.
April 29, 1954

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