84. Bruce and Crawford, Cerealizing America, pp. 137–41.
85. “Tony the Tiger Says ‘You Bet Your Life They’re Gr-r-reat. No Wonder Groucho’s Speechless,” Kellogg’s Sugar Frosted Flakes advertisement, Life magazine, February 21, 1955; “Boys! Girls! Get Your Walt Disney Character ‘Joinies,’ ” Kellogg’s Raisin Bran and Rice Krispies advertisement appearing in syndicated Sunday color funnies section (undated and not sourced, circa 1949); “Howdy Doody’s Favorite Treat—9-minute Marshmallow ‘Crispy Squares,’ ” Kellogg’s Rice Krispies and marshmallows recipe and advertisement (undated and not sourced, circa 1951); “Two Don’t Forgetters,” Kellogg’s Corn Flakes advertisement, illustrated by Norman Rockwell (undated and not sourced, circa 1950s); Kellogg’s Variety Package advertisement, featuring Uncle Sam: “U.S. Needs US Strong. Eat Nutritional Food” (undated and not sourced, circa 1942); Rice Krispies Marshmallow Crispy Treats recipe advertisement, featuring Woody Woodpecker, “Now Appearing on TV for Kellogg’s Exclusively” (not sourced, 1957), “The Self-Starter Breakfast Keeps Me on My Toes, says Esther Williams,” Kellogg’s Corn Flakes advertisement (not sourced, 1941); “Reach for It Andy—They’re Gr-r-eat,” Tony the Tiger and Andy Devine, Kellogg’s Sugar Frosted Flakes advertisement (not sourced, 1955); Garry Moore and Tony the Tiger, “Won’t They Even Tell You, Tony?” (Life magazine, October 3, 1955; 39[14]: 133), Collections of the University of Michigan Center for the History of Medicine.
86. Art Linkletter and Tony the Tiger, “Tony the Tiger Says: I’m Having My Own House Party with Sugar Frosted Flakes,” Life magazine, undated, circa 1955, Collections of the University of Michigan Center for the History of Medicine.
87. Bruce and Crawford, Cerealizing America, pp. 114–25; The Kellogg Company, 2014 Annual Report, Letters to Shareowners and SEC Form 10-K, Fiscal Year End: January 3, 2015 (Battle Creek, MI, 2015).
88. Powell, p. 117.
12.
THE PRISON OF RESENTMENT
1. Powell, pp. 145–56; Battle Creek Enquirer, August 12, 1910, p. 1. For the detailed court papers, including the bill of complaint and various testimonies and affidavits in this case, see Kellogg Toasted Corn Flake Co. (Complainant) v. J. H. Kellogg, the Kellogg Food Company and the Kellogg Toasted Rice Flake and Biscuit Company (Defendant), State of Michigan in the Circuit Court for the County of Calhoun, in Chancery, filed August 11, 1910, Box 19, File 3, Items 260–70, 280–90, 300–40, 350–90, 680–1010), J. H. Kellogg Papers, MSU. See also additional affidavits in opposition to temporary injunction, filed by J. H. Kellogg, September 1, 1910, State of Michigan in the Circuit Court for the County of Calhoun, in Chancery, Box 19, File 4, Items 1040–50, 1140–70, 1250–1760, Box 19, File 5, Items 1800–3690; Box 19, File 6, Items 3720–4470, 4480–4750, J. H. Kellogg Papers, MSU.
2. Schwarz, John Harvey Kellogg, p. 216.
3. Kellogg Toasted Corn Flake Co. (Complainant) v. J. H. Kellogg, the Kellogg Food Company and the Kellogg Toasted Rice Flake and Biscuit Company (Defendant), State of Michigan in the Circuit Court for the County of Calhoun, in Chancery, filed August 11, 1910, Items 680–1010, Box 19, File 3, J. H. Kellogg Papers, MSU.
4. Kellogg Toasted Corn Flake Co. (Complainant) v. J. H. Kellogg, the Kellogg Food Company and the Kellogg Toasted Rice Flake and Biscuit Company (Defendant), State of Michigan in the Circuit Court for the County of Calhoun, in Chancery, Complainant’s Application for Temporary Injunction and Further Supporting Affidavits, filed September 1, 1910, Box 19, File 3, Items 350–90, J. H. Kellogg Papers, MSU.
5. The schism between John and the Church is nicely summarized and explained in Richard Schwarz, “The Kellogg Schism: The Hidden Issues,” Spectrum, 1972 (Autumn); 4(4): 23–39. For an extensive collection of the correspondence between J. H. Kellogg and various Adventist authors between 1904 and his expulsion from the Church in 1907, including the controversy over his book The Living Temple, see Reels 1, 2, 3, and 4, J. H. Kellogg Papers, MSU. There is also the transcript of an eight-hour interview, just before his formal expulsion, conducted by Elder A. C. Bourdeau and in the presence of Dr. James T. Case, a San physician, at John’s home on October 7, 1907, that delves in great detail into Dr. Kellogg’s side of the story, his disagreements with Ellen White and others, and many other issues. Accessed July 30, 2015, at http://text.egwwritings.org/publication.php?pubtype=Book&bookCode=IJHK&lang=en&collection=6§ion=all&pagenumber=1.
6. Schwarz, PhD thesis, p. 418. See also J. H. Kellogg, Biologic Living: Rules for Right Living (Battle Creek, MI: Health Information Bureau, 1920); Interview with Dr. W. S. Sadler by R. Schwarz, September 22, 1960, Box 10, Files 8 and 16, Sadler 10 (Cards VIII-A-4, VII-E; VII-D, Box 9, F18, Sadler 3, B9, F15, Sadler; B9, F18, Sadler 5; B10, F2, Sadler 2; B9, F18, Sadler A and B; B9, F6, Sadler 8A; B8, F1 and 3; B9; F10, B9, 16; B11, F1, B6, F11, B7, F1, Richard Schwarz Collection, Center for Adventist Research.
7. There was a “Question Box Hour” on September 26, 1910, where a card read “What is the difference between W. K. Kellogg and J. H. Kellogg?” The doctor explained they were brothers and not twins but they were in a legal dispute over naming rights and that “it does not obtain between the brothers at all.” “Question Box Hour Lecture,” September 26, 1910, Reel 11, Image 1463 (page 9 of the typescript), J. H. Kellogg Papers, U-M.
8. Letter from W. K. Kellogg to J. H. Kellogg, July 26, 1908, State of Michigan Supreme Court Record (Kellogg v. Kellogg), Volume 2, Box 21, File 3, J. H. Kellogg Papers, MSU.
9. Schwarz, John Harvey Kellogg, p. 209.
10. Yearbook of the International Medical Missionary and Benevolent Association for 1897 (Battle Creek, MI: International Medical Missionary and Benevolent Association, 1897), pp. 135–36, 137–38.
11. Schwarz, PhD thesis, p. 420.
12. Powell, p. 89.
13. J. H. Kellogg testimony, State of Michigan Supreme Court Record, Volume 2, pp. 367, 371–72; Powell, p. 89.
14. Powell, p. 89.
15. Letter from J. H. Kellogg to E. G. White, June 10, 1896; Letter from J. H. Kellogg to E. G. White, December 6, 1898, Ellen White Papers, Ellen G. White Estate, General Conference of Seventh-day Adventists, Silver Spring, Maryland, quoted in Schwarz, PhD thesis, p. 421.
16. Ibid., p. 421.
17. U.S. Patent No. 558,393, “Flaked Cereals and Process of Preparing Same,” Applicant: John H. Kellogg, M.D., May 31, 1895, Issued April 14, 1896, Reel 5, Box 6, File 4, J. H. Kellogg Papers, MSU.
18. Sanitas Nut Food Company, Limited v. Carl G. A. Voigt, Elizabeth Voigt, Frank A. Voigt, M.P. and Charles Perkins, d/b/a The Voigt Milling Company and the Voigt Cereal Company, in the Circuit Court of the United States for the Sixth Circuit of the Western District, Southern Division of Michigan, 1903, J. Wanty Presiding. See also appeal case in 1905, 139 F. 551, 553; 1905 U.S. App. 1905; James A. Mitchell, The Journal of the Historical Society of the United States District Court for the Western District of Michigan, 2003; Volume 1, Issue 3: 1–9; Sanitas v. Voigt, Federal Reporter. Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States, permanent edition, Volume 139, September to December 1905 (St. Paul, MN: West Publishing, 1906), pp. 551–56.
19. Schwarz, John Harvey Kellogg, p. 211. See also Powell, pp. 111–14.
20. J. H. Kellogg cross examination testimony, State of Michigan Supreme Court Record, Volume 2, p. 549.
21. Schwarz, John Harvey Kellogg, p. 212.
22. The price broke down into $22,440 in cash (about $450,000 in 2016) and $147,560 (more than $3 million in 2016). See Powell, pp. 111–12.
23. Ibid., p. 109.
24. Ibid., pp. 109, 134. Memorandum on changing the name from Sanitas to Kellogg’s Corn Flakes, W. K. Kellogg to Wilfred Kellogg, September 24, 1907, Box 20, File 6 (Image 3950), State of Michigan Supreme Court Record, Volume 2, pp. 595–620, J. H. Kellogg Papers, MSU.
25. State of Michigan Supreme Court Record, Volume 2, pp. 370–76, 471–78, 630–40; Letter from J. H. Kellogg to the Toasted Corn Flake
Company, July 17, 1908, Box 20, File 6, Images 4360–80, J. H. Kellogg Papers, MSU.
26. Frank Kellogg sold a “fat cure,” under the name “F. J. Kellogg’s Rational Treatment for Obesity.” His slogan was “Makes Fat People Lean” and he based his operations in Battle Creek. He sold his useless product, which contained ground toasted bread, thyroid extract, and the harsh laxative poke root for $10 a package, which came with a booklet of instructions. His obesity food “compels the proper and perfect assimilation of food nutriment, and sends it where it belongs, into bone, brain, muscle, nerves and food.” Useless as it was dishonest, the Kellogg brothers could do nothing to stop this unrelated charlatan from advertising and using their good name to confuse innocent dupes. See Letter from F. J. Kellogg to Kate Kering, October 20, 1905, J. H. Kellogg Papers, Reel 3, Image 89, Box 3, File 2, and Letter from F. J. Kellogg to Mrs. Kate Kling, November 1, 1905, Reel 3, Images 119–20, Box 3, File 3, J. H. Kellogg Papers, MSU. See also pill canister for “Professor F. J. Kellogg’s Obesity Food Tablets. Turns Fat into Muscle. Not a Drug, But a Digestive That Reduces the Weight and Increases the Strength, When Used with Prof. F. J. Kellogg’s System of Muscular Improvements.” Will should have been more concerned by “Prof. Kellogg” in that the latter took to putting his signature on the back of his pill canisters with the tagline “And None Are Genuine Without His Signature.” Collections of the University of Michigan Center for the History of Medicine.
27. J. H. Kellogg testimony, State of Michigan Supreme Court Record, Volume 2, pp. 374–75; quote is from p. 375, J. H. Kellogg Papers, MSU.
28. J. H. Kellogg, “A Visit to Pavlov’s Laboratory”; W. N. Boldyreff, “Ivan Pavlov as a Scientist.” Both articles appear in “Special Issue in Honor of the 80th Birthday of Professor Ivan P. Pavlov,” Bulletin of the Battle Creek Sanitarium and Hospital Clinic, October 1929; 24(4): 203–11 and 212–29.
29. Testimony of W. E. Goff, State of Michigan Supreme Court Record, Volume 2, p. 633–34; J. H. Kellogg testimony, pp. 401–23, 545–67, State of Michigan Supreme Court Record, Volume 2; John R. Smith Testimony, pp. 509–13, State of Michigan Supreme Court Record, Volume 2, J. H. Kellogg Papers, MSU. See also Memorandum from W. K. Kellogg to Wilfred Kellogg, September 24, 1907, Memorandum to develop a limited partnership of Battle Creek Sanitarium Foods with Kellogg Food Company, September 1, 1908, Box 20, File 6; Minutes of the Regular Weekly Meeting of the Board of Directors of the Toasted Corn Flake Company, July 6, 1908; July 13, 1908; July 14, 1908; July 20, 1908; January 18, 1909; May 3, 1909; Box 20, File 6, all in the J. H. Kellogg Papers, MSU.
30. Minutes of Regular Weekly Meeting of the Board of Directors of the Toasted Corn Flake Company, July 12, 1909, Box 20, File 6, J. H. Kellogg Papers, MSU.
31. Memorandum from J. R. Smith, June 10, 1907, Box 20, File 6, J. H. Kellogg Papers, MSU. In 1915, Will Kellogg took the formal step of trademarking a facsimile of his signature with the U.S. Patent Office. U.S. Patent Office, No. 105,213, July 13, 1915, “Kellogg Toasted Corn Flake Company of Battle Creek, Michigan. Trademark for certain foods.” (“This trademark is a copy of the signature of Will K. Kellogg, president of this applicant company.”)
32. “The Sweetheart of the Corn: Kellogg’s Toasted Corn Flakes,” advertisement, copyright 1907. This advertisement appeared in a 1907 issue of Technical World Magazine but is one of hundreds of advertisements that began running in major magazines after Will’s decision to change the name of the company. Collections of the University of Michigan Center for the History of Medicine.
33. State of Michigan Supreme Court Record, Volume 3, pp. 757–60, quote is from p. 758, J. H. Kellogg Papers, MSU.
34. Letter to J. H. Kellogg from Jesse Arthur, Attorney, re: John’s sale of Sanitas Nut Food Company’s rights to manufacture and sell Corn Flakes to Will’s company, October 8, 1906, Reel 6, Images 614–20, J. H. Kellogg Papers, MSU.
35. Dr. Kellogg’s resignation was formally accepted by the board of directors of Will’s company on March 30, 1908. Wilfred Kellogg to J. H. Kellogg, April 6, 1908, Reel 7, Image 555, J. H. Kellogg Papers, MSU.
36. Powell, p. 147.
37. Ibid., pp. 147–48. The previous 1907 capitalization and stock split increased John’s Toasted Corn Flake Company’s holdings to 11,420 shares, or about $114,200, about $2.97 million in 2016.
38. Letter from J. H. Kellogg to W. K. Kellogg, January 20, 1908, State of Michigan Supreme Court Record, Volume 2, pp. 614–21, Box 21, File 3, J. H. Kellogg Papers, MSU.
39. Letter from W. K. Kellogg to J. H. Kellogg, January 29, 1908, Reel 4, Box 4, File 11, J. H. Kellogg Papers, MSU.
40. Testimony of J. H. Kellogg, State of Michigan Supreme Court Record, Volume 2, p. 460, J. H. Kellogg Papers, MSU.
41. Schwarz, PhD thesis, p. 428.
42. Letter from W. K. Kellogg to John H. Kellogg, May 5, 1908, Reel 7, Image 558, J. H. Kellogg Papers, MSU.
43. Letter from W. K. Kellogg to Chappell and Earl Law Firm, July 6, 1908, Images 4560–90, Box 20, F6, J. H. Kellogg Papers, MSU.
44. Letter from W. K. Kellogg to J. H. Kellogg, July 8, 1908. Box 20, F6, Image 4610, J. H. Kellogg Papers, MSU.
45. Letter from Chappell and Earl to W. K. Kellogg, July 9, 1908, Image 810, Reel 5, J. H. Kellogg Papers, MSU.
46. Schwarz, PhD thesis, p. 430, citing Letter from J. H. Kellogg to W. K. Kellogg, July 20, 1908, and July 23, 1908, Reel 7, J. H. Kellogg Papers, MSU.
47. Schwarz, PhD thesis, citing Letter from J. H. Kellogg to Will K. Kellogg, July 17, 1908, J. H. Kellogg Papers, MSU.
48. Letter from W. K. Kellogg to J. H. Kellogg, July 20, 1908, Reel 18, Box 20, File 6, Images 4260–4350, J. H. Kellogg Papers, MSU.
49. Testimony and Deposition of J. H. Kellogg taken by Mr. Bailey, State of Michigan Supreme Court Record, Volume 2, Box 21, File 3, pp. 592, 596, 599, quote is from p. 599, when he was asked to read the letter from J. H. Kellogg to W. K. Kellogg, July 23, 1908, J. H. Kellogg Papers, MSU.
50. Testimony/Deposition of J. H. Kellogg by Mr. Bailey, citing letter from J. H. Kellogg to W. K. Kellogg, July 23, 1908, State of Michigan Supreme Court Record, Volume 2, Box 21, File 3, pp. 600–601, J. H. Kellogg Papers, MSU.
51. Testimony/Deposition of J. H. Kellogg taken by Mr. Bailey, citing letter from W. K. Kellogg to J. H. Kellogg, July 26, 1908, State of Michigan Supreme Court Record, Volume 2, Box 21, File 3, p. 591, J. H. Kellogg Papers, MSU.
52. Williamson Jr., An Intimate Glimpse, pp. 14–15.
53. “Notice to Desist from Infringement of Trade-marks, and from Other Unfair Competition, Given by Kellogg Toasted Corn Flake Company of Battle Creek, Michigan to Kellogg Toasted Rice Flake and Biscuit Company, Kellogg Food Company, and J. H. Kellogg, December 20, 1909,” Box 19, F3, Images 300–40, J. H. Kellogg Papers, MSU.
54. J. H. Kellogg Testimony, State of Michigan Supreme Court Record, Volume 2, Box 21, File 3, pp. 419–21, J. H. Kellogg Papers, MSU; State of Michigan Supreme Court Record, Volume 3, Exhibit d-380, Letter from J. H. Kellogg to W. K. Kellogg, August 8, 1908, pp. 778–79, J. H. Kellogg Papers, MSU. (n.b., Vol. 3 of this trial is missing in the MSU collection. The xerox of this volume was given to me by Garth “Duff” Stolz, of the Historic Adventist Village in Battle Creek, MI.)
55. Michigan Supreme Court History Society, Biographies: Walter North, accessed September 9, 2014, at http://www.micourthistory.org/justices/walter-north/.
56. “Denies Injunction in Kellogg’s Case,” Battle Creek Enquirer, September 20, 1910.
57. Born in upstate New York in 1865, Chappell’s parents moved westward to Kalamazoo after the Civil War. Chappell went on to graduate with a Bachelor of Science degree from Michigan Agricultural College in 1885, whose class motto declared, “Activity is Life; Idleness is Death.” Michigan Agricultural College, Album of the Class of 1885 of the Michigan Agricultural College (Lansing: Casey and Whitney, 1885), p. 21.
58. Charles A, Weissert, An Account of Kalamazoo, MI County (Dayton: National Historical Association, 1928), pp. 244, 253–54.
&
nbsp; 59. T. W. Day, Michigan Federation of Labor Official Year Book, 1906–7 (Detroit: Houghton-Jacobson Printing Co., 1907), p. 140. A junior partner, named Ira Beck, also helped in the case. Beck was well regarded as “a counselor well fortified in knowledge and material judgment.” Washington Gardner, The History of Calhoun County, Michigan: A Narrative Account of Its Historical Progress, Its People, and Its Principal Interests, Volume 1 (Chicago and New York: The Lewis Publishing Company, 1913), pp. 850–51.
60. “W. H. C. Clarke, 59; A Law Councilor. Advisor to Senate Committee on Study of Small Business Enterprises Dies Here. Ran for Congress in 1919. Sought Office in Fifth District of New Jersey—Ex-Head of Fair Trade Council, Inc.,” New York Times, January 3, 1942, p. 19.
61. Gardner, The History of Calhoun County, pp. 1226–28.
62. Bailey’s 1909–1911 term was especially notable because “more sidewalks were built, more pavement put in, more sewers were built, more water pipe laid than in any previous two years in the city’s history.” One of those repaired roads was Porter Street, where the new Kellogg factory was situated. Powell, pp. 168–69.
63. Richard Schwarz, John Harvey Kellogg, p. 139.
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