BLACK MARKET BABIES, a 1945 noir film made by Monogram Pictures. It would be fifty years before any movie described a Canadian baby smuggling ring - BUTTERBOX BABIES.Lost Valley readers have shared many wonderful stories with me since this Blog was launched in 2007. Among the most harrowing were the experiences of young and often desperately poor Saint John girls forced to make the painful sacrifice of giving up their babies to adoption rings. My own mother, a Valley girl, was sent upriver to live with a doctor in Grand Falls when her pregnancy started to become obvious. She very nearly played into the hands of that cunning medicine man who had brokered my sale to a waiting couple. I haven't yet published any of these adoption stories, but I continue to research the illicit market in babies which once blackened New Brunswick's reputation. I knew of Karen Balcom's work, including her 2007 doctoral dissertation, but couldn't access a copy, so I was pleased when it was published last year by the University of Toronto Press as THE TRAFFIC IN BABIES. In this article I supplement Balcom's work with material from my own research files.

THE TRAFFIC IN BABIES was written by Professor Karen A. Balcom, and was published by the University of Toronto Press in 2011. It is essentially an edited version of her academic thesis and lists at $75.
The most infamous baby-selling-ring in Canada operated as the IDEAL MATERNITY HOME (I.M.H.) in East Chester, N.S. from 1928-45. The story was told in a book entitled BUTTERBOX BABIES. which was filmed. The DVD is available on Amazon.ca. It was Balcom who alerted me to a direct connection between the Young's who ran the I.M.H. in Nova Scotia and a Saint John lawyer who first tried to help the Young's save their business, but who finally replaced them with a Saint John baby-ring of his own.
Balcom describes how in 1944 an amendment to Nova Scotia's adoption law forced the Young's to begin working with lawyer Benjamin R. Guss, who began processing all their cases through the New Brunswick Court, where there were few impediments to rapidly placing babies with willing buyers. By 1946 Guss, who was Jewish, was a "partner" in the Young operation. Guss had a pipeline to firms in the New York area where it was very difficult, almost impossible, for Jewish couples to adopt across the religious divide. He was not required to disclose what he charged American couples but it was alleged to be several thousand dollars - a great deal of money in the 1940s. When it became obvious that the Nova Scotia government was going to shut I.M.H. down permanently, Benjamin Guss urged the Young's to move their business to Saint John. They declined, and as Balcom writes, "Guss became an independent operator, building up his own black market baby business out of Saint john, New Brunswick."
In the absence of photographs U.T. Press included graphics such as this one showing that the customers for Saint John babies were families in Delaware, New Jersey and New York. So who was Benjamin R. Guss ? If you read tribute pieces, and "ethnic history" published in Saint John, you get a portrait of a man who devoted his life to the public welfare. Yet behind every carefully crafted profile there are less noble motives. Balcom's findings exist in three versions. When Ms. Balcom submitted an initial article to UNB's ACADIENSIS in 2001, she may have been cautioned to avoid digging any deeper. For most of his career Benjamin Rex Guss was a member of the Saint john monied establishment, and he ended his days as a retired judge and legal advisor to the provincial government.
Ben Guss was born of Lithuanian Jewish parents in 1905. The family of eight arrived in Saint John in 1907, first settling on Chapel Street and later on Acadia Street. (This was a Jewish neighborhood which I have previously discussed in a Blog article.) His father worked hard as a junk dealer in the North End and later established a scrap metal business. Guss attended Dalhousie University and got his Bachelor of Laws in 1930. He was called to the New Brunswick Bar in November 1931 and immediately began to work at shaping a political career. He started by joining the Zionist Council, canvassing for the United Palestine Appeal and becoming active in the Conservative Party of Canada.
Guss made a point of travelling to regional and national events and he secured his first party position, election to the post of Vice President of the National Young Conservatives. [He later competed for and took the presidency.] At the 1938 Conservative Party Convention in Ottawa Benjamin Guss was one of 3000 delegates to salute outgoing leader R.B. Bennett, "We are losing a true Jewish friend." and to pledge allegiance to the new Tory leader, Dr. Robert Manion. It was the genesis of the era of the so-called "Progressive" strategy of the Conservative Party and Dr. Manion in his speech won the hearts of Jewish Canadians by claiming "Conservatives were always progressive since the days of Benjamin Disraeli." Disraeli was Britain's first and only Jewish Prime Minister.
Guss had done so brilliantly well in Saint John political circles that he felt confident enough to reveal his ambitions to a reporter for a Jewish press. His plan was published. "He is slated to become the next member of Parliament from his city, and, if elected, he will be the first Jewish Conservative M.P. in Canada." The final step to complete the political profile was a bride, and on Dec. 2, 1938 he was married in a ceremony conducted in Lawrence, Massachusetts. Clearly lawyer Guss believed he had control of the nomination inside his riding association, and by supporting Dr. Manion in Ottawa he could be assured that the Party Leader would sign his nomination papers. But fate intervened - and we call it World War Two. We all know the rest of the story - Liberal leader W.L. Mackenzie King, the creepy oddball who travelled to Berlin to meet Adolph Hitler and found him worthy, retained power and was our wartime Prime Minister. The P.C.s were banished to the political wilderness and Ben Guss did not become Canada's first Jewish M.P.
Well, a man of energy whose ambition is thwarted is prone to redoubling his efforts, and directing them elsewhere. Ben Guss chose to make money the old fashioned way - he earned it, client-by-client, and he quickly built up his business with the same dogged effort he had put into networking the Tory archipelago. During the war he fell in with the Young's and their baby selling business. In that era all the larger Maritime towns and cities in Atlantic Canada had Maternity Boarding Houses, and Saint John was no exception. Much is made of the Catholic Sisters' work with orphans and unwed mothers, but in fact the nuns had plenty of organized competition. At some point, and I'm thinking it was around 1944-45, Ben Guss opened one of his own. He kept his personal residence at 70 Orange Street from 1946 - 1974.
The Saint John police became aware of the baby smuggling ring sometime in late 1946. Provincial authorities and even the RCMP were made aware of it by the Saint John City and County Children's Aid Society which privately demanded a halt to babies being processed in the city for export to the U.S.A. Mum was the word until Society President Travis W. Cushing decided to expose the traffic to the media. The ring was disclosed at a meeting on May 20, 1948 and it was a bombshell. He said that the C.A.S. had become so distressed by the shear volume of the traffic in Saint John babies, that his group had "snatched" five children from the ring during the previous month. The press came running for more and Cushing played a careful game, only providing names off the record, or in private correspondence with investigators and with the Premier's office. (Premier John McNair was also the Attorney-General of N.B.)
The market was entirely profit oriented he said, with no consideration for the needs of the children, with babies sold for an average of $1,500. He estimated that the leader of the baby-selling-ring was pocketing $1,000 per week, after expenses. The ring had its own boarding house and had insinuated itself inside Saint John hospitals. The C.A.S. reported that at least fifty babies had been sold to Jewish families in three American states, and that the ring had all the advantages - using careful contract language with clients, while maximizing on lax wording or non-existent protection in provincial statutes. Privately the police acknowledged that Guss and his associates could not be charged "since the selling price for children could be described as a high legal fee for arranging adoption."
Travis Cushing and the C.A.S. had made their point and the government was stung. With both the RCMP and FBI actively investigating his baby racket, and the Legislature working to plug the more obvious loopholes, lawyer Ben Guss began to rethink his business strategy. More to the point it was the end of any political ambitions he still harboured. From that point onward he became heavily involved in local causes related to child welfare, cultural development, and Jewish philanthropy, but he knew people in his home town had long memories. He was appointed a Queen's Counsel in 1952 and in August of 1971 he was made a judge of the Family Court Division of the Provincial Court. Today he is known for what he did from 1950 to 1974, the date of his retirement from the practice of law, and nothing is said of the 'Wonder Boy' years when he was expecting to represent his community in Ottawa.























