Evening star., 1911-08-09
SLOAN HITS AT MAYS
Resents Suggestion He Aims to Ex-
clude Material Facts.
MccABE CHANGED COURT ORDER
Solicitor Admits Eliminating Ben
zoate of Soda From List of
Deleterious Substances.

a lively row between Representatives
Mays of Florida and S!oan Of Nebrasks
enlivened todays session of the House
committee on expenditures in the De.
partment of Agriculture, at which i'm
portant testimony bearing on the alleged
Jugglery OF the language Of court
judgment by Solicitor McCabe In order to
protect the department. position with re-
spect to benzoate of soda, was adduced.
Solicitor McCabe admitted to the COM
mittee that in officially publishing for the
Department of Agriculture a court deci-
sion in a Missouri pure food case, he
had changed several words in the judg-
ment Of the court. The change elimi-
mated benzoate Of soda from the decree
holding certain substances deleterious.
Henry E. Davis and Col. William p.
Hepburn, counsel for DR.. Wiley seemed
to lay stress on the alleged manipulation
OF court judgment as one Of the most
important bits of testimony brought out
before the committee up to date
1t seems that the department, when
ever a manufacturer is convicted under
the food and drug act. sends out between
$1,000 and 10000 copies OF the judgment
Of the court in the case, this being con-
sidered as a part OF the punishment Of
law. Mr.. Davis brought out today that
in the case OF cocoa cream" the manu-
facturer Of which was convicted for the
use of poisonous and deleterious ingre-
dients.' included among which was ben
2oaic acid. Solicitor McCabe had directed
that the words 'benzoaic acid be elm
mated from the reprint Of the judgment
sent out by the department and that
"caffine'' be substituted.
Sloan Resents Suggestion.
The row between Messrs. Mays and
Sloan occurred as a result OF an obtec-
tion made by the latter to questions
asked Solicitor McCabe by Henry e.
Davis. During the colloquy that fol-
lowed Mr.. Mays suggested that Mr.
Sloan's objections originated from. the
fact that he was desirous Of keepins
material facts out Of the record.
Mr.. Sloan became indignant at once.
| Il resent the suggestion" he said, tina
| there is such a thought as that in my
| mind. 1 want 1t distinctly understood
that have made no objection designed
| to keep material facts out OF the
| record" And Mr.. Sloan proceeded to
back just as iercely as Mr.. Sloan.
Finally, after a lot of conversation.
Mr.. Hays withdrew his reflection on Mr..
Sloan's motives, the latter withdrew
his objections to Mr.. Davis line Of ex-
animation. and the hearing proceeded.
Another feature of today's testimony
was the effort by Mr.. Davis to prove thai
although Solicitor McCabe dlsapproved
the plan to pay DR.. Rusby 50 for his
services in examining samples for the bu-
rxrt~ g. - a..
ices as an expert witness. suggesting
that the plan would set bad prece.
dent" he previously had authorized
the employment of William H. Harris or
precisely the same terms. The solicitor
endeavored to explain this apparent in.
consistency today by saying he thought
DR.. Rusby was trying. by the method
suggested, to secure an increase In com.
pensation. and that, anyhow, the employ
ment Of Mr.. Harris was to meet an emer-
gency.
Dunlap to Take Stand.
The committee adjourned its hearing a,
noon and will resume at 10 o'clock tomor-
row morning with Associate Chemist
Dunlap Of the bureau Of chemistry or
the stand.
Soon after he went on the stand this
morning Mr.. McCabe improved the op-
portunity to deny that he went over the
head Of the bureau Of chemistry in seiz-
ing Mandalay sauce" and India relish.
two Of the Heinz products. in November.
1909, on the ground of geographical mis-
branding. He declared that al a meeting
Of the food and drug inspection board,
August IL, 1908. one of these products
had been discussed and at another meet
ing, September Z. 1909, both had been the
subject of consideration. The seizure
paper. bearing the date of November 1.
had been prepared, he said, by Associate
Chemist Dunlap, and bore Dunlap's ini-
tials, McCabe's initials and DR.. Wiley
signature. 1t had, moreover, been ap-
proved by the Secretary of Agriculture.
The examination of the witness was In
terrupted by a long wrangle between the
democratic and republican members of
the committee as to the scope OF the ex-
animation. These squabbles have mark
ed the progress Of practically every hear
ing since the inquiry was begun. At the
conclusion of the dispute Mr.. Davis,
taking up the Wiley-Rusby case, which
was made the basis of charges against
his dismissal was recommended by the
personnel board of the Agricultural De-
partment, questioned Solicitor McCabe at
length concerning 1t.
McCabe Knew of Case.
Mr.. McCabe admitted, in response to
questions, that he knew of the case be-
fore it was officially presented to Secre-
tary Wilson by Associate Chemist Dun
lap, and that, after the personnel board
of which he is a member, had consid-
cred the facts. he was one Of the three
members who wrote the report adverse
to Wiley. Today's testimony indicated
that Associate Chemist Dunlap was do
ing the best he could to help DR.. Wiley
get into trouble. No one tipped DR..
Wiley of, so far as McCabe knew, that
the arrangement with DR.. Rusby was not
legal
Mr.. McCabe's memory was somewhat
elusive at this point.
when DR.. Dunlap called your 'atten-
ton to the Rusby case was DR.: Wiley In
the city?" Attorney Davis asked.
Il don't know" responded McCabe.
did Dr. Dunlap speak to DR.. Wiley
before going to the Secretary of Agri-
culture about the Rusby employment
Il don't know" Mr. McCabe responded
again. He added that he personally had
not attempted to notify DR.. Wiley.
Then Mr. Davis tried to get the witness
to say who had written the report OF the
personnel board recommending DIR.
Wfley's dismissal. but Representative
Sloan of Nebraska interrupted before the
solicitor could reply.
"It is question" he said, ''of whether
the committee wants to go into that"
III think" said Mr.. Mays Of Florida.
..that we should go into this inquiry from
with these technical questions. They
want to know all the truth" Then he
made the suggestion that the Nehraslgan
lcontinusd on second fase.)