Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-07

cdr inquired Mr.. Davis. Mr.. Mo
Cabe answered in the affirmative.
you claimed to be. as solicitor.
charged with the duty Of enforcing the
food and drug act?' Mr.. Davis con-
I'm a. measure, yes" tho solicitor re-
Piled
Admits Writing Order.
"who prepared that paragraph IN tho
act transferring ell legal duties to your
Mr.. Davis inquired.
1T did," answered the solicitor.
and who prepared general order 1907"
the attorney asked
"I did," the solicitor replied
Mr. Davis then asked the solicitor Il he
hadn't attempted &c discipline an employe
of the department not under McCaoe be-
cause the latter had been Informed the
employe had gone to the congressional
law library to consult law book. The
solicitor explained that general order 40
placed all the legal work of the depart
ment In his hands. and that he was
carrying out the Secretary's instructions
in seeing to II that no one else did any
legal work in office hours outside OF his
Office.
Ibid YOU. In fact" said Mr.. Davis. lob
ject to this employee doing work Of this
sort in office hours. Didn't you object
merely to having him inform himself on
law mattersT
Mr.. McCabe replied that the facts were
as he had stated them
do you mean to say, interrupted
Representative Floyd of Arkansas. that
you objected to one of the chemists OF
the department looking up definition in
correspondence
81 don't know that he'd be competent
to do It," returned McCabe.
you think a chemist wouldn't under
lay tarr OF
He might not" replied the solicitor.
you claim" said Attorney Davis. Ito
have the right to bring to book a chemist
doing work away from the department in
Under the Secretary's orders" Mr.. Mo
Cabe repued. 1T have charge OF the law
work OF the department"
Thought Court Decree Wrong.
Mr.. Davis then went back to McCabe's
letters to DR.. Wiley reproving the latter
because he hadn't gone after the manu-
facturers and vendors Of the thirty-three
remedies referred to.
rs it not a fact" he said. ''that every
one of the remedies you mentioned is
within the decision In the Johnson case?'
Yes" the solicitor admitted, but 1t
was not known at that time. The Depart
ment Of Justice took an opposite view"
But you went ahead after the decision
of the lower court. which was later at
frmed by the Supreme Court. You
thought your Interpretation Of the law
was right and that the lower court was
wrong?'
"Yes," the solicitor answered briefly.
Then Mr.. Davis went back to the Dem
yer convention Of the association Of state
dairy and food commissioners.
Before you went to the convention
said Mr.. Davis. had you been travelling
in the northwestT'
'I think So" Mr.. McCabe replied.
What were you doing7'
II couldn't say from recollection"
IT wish You would refresh your MEN,
CRY and let the committee know" surg
gested Mr.. Davis. -idn't you interview
persons who were to attend the conven-
tton?'
YES" Mr.. Mccabe admitted. with
reference to UNFOLDING the Department
Of Agriculture and the Remsen board
In the benzoate Of soda case"
How many delegates did you seer"
About .forty-f1ve" replied tho So
lfcitor. Il certainly interviewed every
man met who was going to be there"
Proud Of His Trip.
In reply 30 q question by Representa-
tive Higgins Of Connecticut, q men,
ber OF the committee. Mr. Davis ex-
planned that 1t was his purpose to
show that the solicitor went on a trip
at government expense to marshal the
forces Of the Denver convention to
support the decision of the referee
board as against the bureau of chem
istry.
Il worked on that, and I worked hard,
and am proud OF It," the solicitor in
terjected.
He added that ever since the ref
cree board was created the newspapers
have been against it."
"And are now" suggested Mr.. Hig-
"Werl," responded the solicitor, "the
papers speak for themselves"
Mr.. McCabe went on to say that In his
opinion the fight on benzoate Of soda was
Coming back again to the thirty-tnree
samples of "cure-alls" collected under
McCabe's direction. Attorney Davis asked
II 1t wasn't in the solicitors power to
without reference to the bureau of chem
istry.
II don't know" said the solicitor.
But didn't you do that In the case OF
Heinz India Relish?" asked Mr.. Davis.
The solicitor admitted that he had.
Isn't it fact" the attorney continued,
that the Heintz people have been per-
sistently opposed to the use OF benzoate
of solar
yes, they have Of hate years." the So
licitor responded.
Bingham to Be Heard.
Mr.. Davis then brought out that two
months after the seizure referred to Mr..
McCabe collected the thirty-three drug
samples of "cure-alls' and wrote his
series OF sharp letters to DR.. Wiley, de-
manding to know why the latter hadn't
begun prosecutions. The solicitor, how
ever, had not taken the initiative in these
cases as he had In the India relish case,
which never was carried to any conclu-
sion.
The committee adjourned at noon.
Chairman Moss announced that the ex-
animation OF Mr.. McCabe would be In
terrupted tomorrow In order to permit
James Bingham. attorney general of
Indiana, to be heard. Mr.. Bingham
will tell of the opposition Of the Ag-
rtcultural Department to his efforts to
secure the testimony OF DR.. Wiley in
benzoate of soda case In Indian
apolis.
DEADL0CKED ON WOOL.