Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-08-21
WILSON IS SC0LDED
Bingham Cites Inconsistency
in Benzoate Inquiry. 4
NO OBSTACLES At FIRST
Opposition to Dr.. Wiley's Testify.
ing Came Later. 4
RIGHT TO EVIDENCE ASSERTED
Solicitor NcCabe's Opinion u Ridi-
culed a. Untenable
In Law.
NO OBSTACLES At FIRST
RIGHT TO EVIDENCE ASSERTED

members OF the Remsen referee board 20
testify in the case of the food manufac-
turers against the state OF Indiaha. which
has prohibited the use of benxoatc OF seda
as food preservativs
Not only did DIR. Chittenden and DR..
Herter. members OF the referee board.
which decided in favor OF benxoate OF
| soda, testify that they were acting on
the request OF the Secretary OF Agricul-
| ture. but have letter from Secretary
Wilson. which is matter Of record. stat
ing that members OF the referee board
| had been requested by him TO testify An
the case.
"In published statements from the De-
partment of Agriculture IL is made 10 APP
pear that no objection was raised by the
department to their giving this testimony.
There never was any question about the
matter.
The department never raised an 90
stacle to our obtaining evidence until We
sought that OF DIR. Wiley. who opposes
the use OF benzoate OF soda
Bingham Criticises NcCabs.
This statement was made last night BY
/ Attorney General James Bingham OF the
| state of Indiana. who is here taking the
to be used for the defense. Attorney Gen
eral Bingham continued:
I'm a statement issued today by So
licitor McCabe Of the Department OF Az
riculture he says that he advised Dr..
Wiley he could not be compelled TO ap-
| pear and testify In a suit between private
paries. either as to his expert opinion or
as to the Investigations and experiments
on which his opinion was based.
This Is an absurd statement for Q
to md ecur 70 TO say UPHOLD
him In IL.
THE knowledge which DIR. Wiley and
| his assistants have OF the experiments
which they made Is a matter OF fact. not
Of expert opinion. l particularly notified
| the department that / would only aues-
| ton DR.. Wiley and his assistants In re-
gard to matters or fact.
Justice Barnard Immediately took the
| position that Dr. Wiley and his assistants
| should testify TO these facts. He issued
an order to that effect.
Remsen Board Testimony.
'The members OF the Remsen board
were employees of the government when
they gave their testimony. Two Of them.
DIR. Herter and DIR. Long. came TO In
dianapolis to give this testimony. The
department did not appear then 80 60
| iicitous to determine the question whether
Il
should be compelled to appear TO testify
in cases where the government had not
the slightest interest. as Mr.. McCabe
puts IL.
"Mr. McCabe states that the records Of
the experiments by DR.. Wiley and his
| assistants were promptly furnished when
counsel for both sides agreed to request
Them that this was fair and In accord
| ance with the usual practice. i wish
| to state that when the compliments In
| this case demanded the records Of the
Remsen board, which aided their case.
neither I nor any OF counsel for the de-
neys for the complainants i'm any re-
quest for records. They were submitted
quickly upon the demand Of the CON-
piainants alone.
AS 10 Hampering Inquiry.
Mr. McCabe says that there has been
no disposition TO hamper counsel in the
| trial of this case. Yet when i came To
Washington to obtain this testimony. II
was with letters from Secretary Wilson
that l had better proceed in the usual
way and obtain the testimony of Dr.
Wiley and his assistants by means OF q
commission.
Il took the necessary steps. Yet when
/ had the witnesses before the commits
sioner they refused to answer questions
on matters Of fact, saying they had been
advised not to answer by Mr.. McCabe. l
was forced to get court order before We
could proceed"
The opponents OF the use of benzoate
Of soda referred yesterday TO the fact
that more than a year ago members OF
the Remsen referee board went TO Denver
at the request of Secretary Wilson. TO =
meeting of Gamers and food manufactur-
ers and explained to them how benzoate
of soda might be used satisfactorily as
q food preservative. They do not consider
this impartial action on the part OF the
government. Moreover. they raise the
question whether or not the government
paid the expenses Of the members OF the
board or this trip TO Denver.
Wiley Questioned Further.
The cross-examination of DR.. Wiley
was continued yesterday afternoon, but
not completed. 1t will be resumed to-
morrow morning. and probably finished
that day. Willis Baldwin. who is con-
manufacturers, said after the testimony
yesterday that as big and higher varia-
tions had been found In the analyses I'm
the benzoate test conducted by DIR. Wiley
and his assistants as had been found I'm
the analyses made by the Remsen referes
board and its assistants.
During the cross-examination OF u. n:
Baker. q member OF the poison squad,
who testified yesterday morning fhat
benzoate of soda had caused nausea and
loss of appetite and drowsiness. on cross
examination admitted that he had been
sick during tests with other foods and
that he had expected to be i'll when No
took the benxoate test.
DIR. Alley CHOSEN.