Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-08-19
Indiana Official Accuses Agri-
cultural Department
IN BENZOATE OF SODA CASE
Attorney General Says State Was
Hampered in Every Way.
DIR. WILEY ON STAND AGAIN
Lawyer for Complainants Tries to
Show Witness Is Not Expert
On Subject.

''The state of Indianaa, which Is seek
ing evidence In its defense against the
suit brought by food manufacturers be-
cause Indiana prohibits the sale Of foods
containing benzoate of soda as a pre-
servative. has been given raw deaI' by
the Department of Agriculture. Its officers
have been hampered in every conceivable
way in their efforts TO obtain this evil
dence. ! intend to make report OF
the matter to Secretary Wilson of the
Department of Agriculture. and to take
the matter to President Taft himself as
chief executive of the government"
This statement was made today by
Attorney General Bingham of the state
Of Indiana, who is in Washington TO
obtain the testimony Of DR.. Harvey W.
Wiley. head of the bureau Of chemistry
OF the Department of Agriculture, and
his assistants In the experiments which
were conducted by DR.. Wiley during
the investigation Of benzoate of soda
as a food preservative. DR.. Wiley
found that benzoate Of soda was dele
terious to human beings. but his opin-
ion has since been reversed by the De-
partment Of Agriculture. which ac-
cepted the report Of the Remsen ref
cree board, declaring that benscdte of
soda used in small quantities was not
harmful
Had to Get Court Order.
When I applied to the Department of
Agriculture to send DR.. Wiley and his
assistants to Indiana to testify In the
case which has been brought against the
state by the manufacturers, the request
was refused" said Attorney General
Bingham. "Yet the department permit
ted and requested the members of the
Remsen referee board and their assist
ants to testify in the case against Indi-
ana. The department said that IL /
wanted the testimony Of DIR. Wiley and
his assistants I would have to come here
and get 1t, with regular commission form.
And when we came here this week for
that purpose the department. with Acting
Secretary Hays at its head, informed
us that We would have to get a court
order to compel the experts of the de-
partment to testify. We appeared in
court and the department was represent
ed by counsel TO prevent our getting this
testimony. But the court decided In our
favor and Justice Barnard issued the
order.
4 II have applied for the original docu-
ments on file in the department dealing
with the investigation of benzoate OF
soda, and was told that l would have to
have a court order for these. too. Acting
Secretary Hayes sent a certified copy Of
the report by DIR. Wiley, along with the
report of the Remsen referee board. but
this was not what / wanted"
Attorney General Bingham takes the
stand that these documents are matters
of public record and should be submitted
without delay.
Wallis Baldwin. one of. the attorneys
for the manufacturers, said that he had
been informed by the Department of
Agriculture that the original documents
would be forthcoming IL desired.
Documents to Be Furnished.
Attorney General Bingham interrupted
DR.. Wiley's testimony. which had been
resumed this morning. long enough to
telephone to Acting Secretary Hayes and
ask whether the department would fur
nish the original documents. The reply
was that Mr.. Hayes would take the mat
ter under advisement. About an hour
later Mr.. Hayes called up Attorney Gen
eral Bingham to say that If counsel on
both sides reqrested the original decu-
ments they would be presented, provided
written request was sent him signed
by attorneys for both sides. This was
done. and the papers will be before the
attorneys late this afternoon, 1t is ex-
pected. Attorney General Bingham de-
CldreS tn6I tnlS Is merely another in
stance of the delays by which he has
been hampered.
The cross-examination Of DR.. Wiley
was continued this morning by Mr. Bald
win for the complainants. Mr.. Baldwin
fired question after question at DIR. Wiley
dealing with physiological chemistry in
an effort to show that DIR. Wiley was
not competent to give expert testimony
But DR.. Wiley answered without hesita-
ton the questions asked. The examina-
ton was technical. The cross-examtna-
ton of DIR. Wiley will be continued this
afternoon. and II is expected that some
hot shot will be delivered by him against
the supporters OF benzoate OF soda as a
preseryative.