The Washington herald., 1909-04-17

The Remsen referee board. which was
appointed by ex-President Roosevelt
through the Secretary Of Agriculture. Is a
legally constituted body and win continue
in business
Attorney General Wickersham. 10 whom
/ the question Of the legality Of the board
was referred. yesterday decided that II
was created and maintained in harmony
with existing law. and Secretary Wilson.
that the work Of the board would con-
;inue.
The decision Of Harvey ". Wiley. chief
Of the Bureau OF Chemistry. that benzoate
OF soda as a preservative for foods was
harmful. led TO the creation Of the board.
When Dr. Wiley reached this conclusion
/ the Secretary OF Agriculture issued an
order Under the pure food law. prohibit
ing the use Of benzoate Of soda as a pre-
/ servauve.
Strong Protests Made.
This raised a strong protest from can
ners. bottlers. and packers. and President
/ Roosevelt acting through Secretary VIII
/ son, appointed Dr. J. Remsen, president OF
Johns Hopkins University: DR. Russell u.
/ ChittenGen. dean of the Sheffield School.
I Dr. c. A Herter. College Of Physicians
and Surgeons, New York City: Prof.
Alonzo f. Taylor. OF the University OF
/ California. and Prof. John II. Long as a
referee board. and referred the whole
question 70 them. Pending their decision
the use Of benzoate Of soda was permitted
in limited quantities.
Dr. Wiley has reached his conclusion
that benzoaJe Of~soda AS a preservative
was harmful after tests extending over
several months on human subjects. The
/ referee board, after similar tests. ex-
/ tending over several months on human
/ subjects. reached Just the opposite con-
clusiOn. and made a report disagreeing
with Or. Wiley. Friends of DIR. Wiley
Immediately got busy, and a clause was
inserted in the sundry civil Appropriation
bill which was calculated 10 sidetrack the
I board. The Attorney General. however.
has decided that this clause does not
reach the board. u is believed thar. In
( addition 10 the work which has already
been referred 10 IL. the board viii be
asked 20 determine the mO0ted question %
What IS whisky?'
The Secretary's Statement.
Following IS a statement made by The
Secretary OF Agriculture upon the re-
ceipt Of the opinion OF the Attorney Cen
eral.
The Attorney General holds that the
Secretary was authorized TO accept the
advice Of this board, AMI indeed. that
It was necessary for him 20 have re-
course 20 the disinterested and unbiased
advice of eminent and expert chemists
whenever a serious conflict OF opinion
/ arose as to the deleteri0usness Of anv
particular article or substance added TO
! food. He states that il is. OF course. APP
parent in the administration OF a statute
OF such far-reaching effecl as the food
| and drug act that the investigations
and conclusions Of the Bureau OF Chem
istry may be disputed by interested par
/ ties. and section 4 OF the act provides for
I a hearing by the Secretary OF AgriCUl-
ture whenever the conclusions Of the
Bureau of Chemistry are disputed.
Need of Advice FOreseen.
"The Attorney General says that the
Secretary OF Agriculture would naturally
desire to reach a right conclusion as 10
! such matters. and not subject the owners
OF articles affected by the ruling 10 lit
igation. II any error should have been
committed by the Bureau OF Chemistry
Indeed. I'm the opinion Of the Attorney
/ General Congress would seem 10 have
had that fact in mind when II provided
the Secretary with authority 10 employ
such assistants. clerks, and other per-
sons as the Secretary might consider
necessary, 10 investigate the composition,
adulteration, and false labelling or false
branding Of foods. drugs, and beverages.
"The decision Of the Attorney General
that the board is legal. means that the
work of the board on the wholesome
ness Of sulphur. S8ccharine. and copper
salts viii be continued"