The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-09-21
PRESIDENT WILL
SUPPORT WILEY
Statement Gets Forth That Pure
Food and Drug Act is of Es-
pecial Importance-Exec-
utives Decision May
Disrupt Cabinet.



President Taft today, when he
made public statement eXone-
rating DR.. Harvey w. Wiley, chief
chemist of the Department OF
Agriculture, of the charges of
conspiracy made by tine personnel
board OF the department, which
had recommended that he, wSh
other Officers OF the Bureau of
~--e-nistry, "be allowed to re-
sign"
The President issued the state
ment, first, shortly after O'Clock.
| Then he recalled it, stating that
he wished TO further review IL.
He finally permitted IL to go out
in its original form.
| The charges grew out of the en-
| ployment of DIR. II. II. Rusby, of New
York, as expert chemist and witness
IN the enforcement of the pure food
and drug laws.
The President declares in his de-
cision that DR.. Wiley was justified in
all that he did regarding the employ
ment or DR.. Rusty, and that he is en-
tied to sympathy in his effort to Sc
cure an enforcement of the laws
against adulterated foods.
The President recommends how
ever, the reprimanding of DIR. L. +.
Kebler and DR.. Bigelow, of the Blu
reau of Chemistry, for what he terms
ingenious conduct.
Radical Action Suggested
More radical action may be expect
ed, the President indicates, when he
takes up the entire situation in the
Department of Agriculture. of the in
designations by a Committee OF the
House.
The Presidents decision is I'm the
form OF a letter to Secretary of Agri-
culture Wilson. President Taft began
the writing of il yesterday. but did
not give ms final approval to the doc
! ument until early this morning.
President Taft
ney General Wickersham based his
| legal opinion on the recommendation
OF the Personnel Board, which
brought the charges agains, Dr. Wiley
and his associates, on only part of
the evidence. The opinion of Mr.
Wickersham would have been differ
ent, the President declares he believes.
had the Attorney General had the en-
tire evidence before him
Board Charged Extravaganza
The nucleus of the charge by the
Personnel Board says the President.
was that DIR. Wiley, DR.. Kebler, DIR.
Bigelow and Or. Rusty, in effect. con-
spired to put on the record a con-
tract for a general experiment Of DIR.
Rusby's services for $1,000 a year,
but actually and secretly made a con-
tract with him by which he was only
TO do enough work during the year
for the $1,000 to secure TO him a
compensation of $50 a day. and that
this was done in deliberate and de-
faint violation of the law. as inter
preted by the Attorney General in
the opinion already referred to, in
which he held that Congress had linn
SO a day"
AN examination of the records sat
ished me that the questions had not
been presented to the persons in
volved in such a way as TO enable
them 10 make full defense. They had
been " 4
cross-eXamined without a full under
standing that they were under trial
which might involve their dismissal.
Accordingly, / directed you to sub
init the whole record. together with
the opinion of the Attorney General
to each one of the persons charged
and invite from him an answer. These
answers were filed in due course, and
are quite full in detail.
Mentions Other Violations.
1.-The answer of DR.. Wiley specih-1
cally denies that he ever saw the cor
respondence between DIR. Kebler and
DR.. Rusby, or that he ever consciously
entered into an arrangement by which
DR.. Rusby was in effect TO receive
compensation at rate in excess of
that prescribed by the statute as i'm
| that prescribed by the statute as in
| The truth is, it appears from the an
| swers of DR.. Wiley, DR.. Kebler and
| DR.. Bigelow, that there had been a
i
ments which seemed TO justify the
employment of DIR. Rusty at an an
nual salary, when il was not expected
that his entire time would be taken
up. This was the case with respect to
the employment of what was known
as the Remsen Board.
THE employment of the Remsen
| Board, at the rate of 1000 a year for
each member, necessarily involved the
proposition that such an annual salary
| for1,f
ing labor Of seven hours a day from
| each person so employed.
Reprimand DIR. KebIer.
The recommendation of the Attorney
/ General given to me was upon only
part of the evidence. and hence his
judgment was different, doubtless, from
| the whole record before him, as I have
now. 1t seems fairly clear that DR..
Wiley, after an examination Of the
records. concluded that the employ
ment of Dr. Rusby at SO a day for iabo-
ratory work, and $50 a day for court
work. would amount to $1,000 a year
| IL the department called on him when
ever 1t needed him and that it was this
| arrangement to which you consented
In DR.. Kebler's anxiety to induce
| DR.. Rusby to accept the new terms of
| employment he certainly betrayed a
! Willingness to cOnStrue the contract of
| employment of DR.. Rusby at $1,000 a
| year in one way to reconcile il with the
| law, and in another way to satisfy DR..
Rusby in his wish to secure $50 a day,
( anu lnlnk ne ought TO De reprlfnanO-
ed for his disingenuous conduct in
writing such letters as he did. He
| said that he did not intend to violate
| the statute as interpreted by the At
| torney General, and indeed, he did not
| know exactly what the ruling was; but
| whether he did or not the language of
his letters do not have commendable
tone and suggest a willingness to re-
/ sort to evasion that calls for official
| reproof"
Bureau Needs Money.
| THE truth is, the limitations upon
! bureau chiefs and heads OF departments
TO exact per diem compensation for the
employment of experts in such cases as
this is of doubtful legislative policy.
Here is the pure food act which 1t is
OF the highest importance to enforce.
and in respect to which the interests
! opposed to It's enforcement are likely
TO have all the money at their comma q
needed to secure the most effective ex-
pert evidence. The Government ought
not TO beat a disadvantage in this re-
gard, and one cannot withhold ones
sympathy with an earnest effort by DR..
Wiley to pay proper compensation and
secure expert assistance in the en-
forcement of so important a statute,
certainly in the beginning, when the
questions arising under it are of capt.
tai Importance to the public"
lIVMnupIIDn r0DAAc