Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-07-13

Work under this appointment thar
would be paid for at the rate of $40
per day of 7h hours when engaged In
laboratory work and $50 per day when
engaged In court. The evidence clearly
shows that these gentlemen resorted
TO a scheme to create an appearance OF
compliance with the Law. while at the
same time distinctly agreeing not to
comply with it.
Such an agreement certainly merits
condign punishment. and because of
the facts set forth | recommend the
approval by you of the recommenda-
lions OF the committee on personnel"
The papers In the complaint have
been submitted to DIR. Rusby. and he
has written a defense of his conduct
to Secretary Wilson. He declares that
the hearing on which he was con
demned was o%ne-sided. that so far as
he was concerned he did not care for
he employment with the bureau. and
that the compensation as arranged did
not really profit him greatly. as he had
to arrange for substitution in his col
lege work, and was put under expenses
otherwise. The allowance of $50 a day
as EXPERT. he set forth, was only half
what he would ordinarily receive for
SUCH StINlCtS. fit dlSO ltilditd iildl
any responsibility for illegality in his
employment must rest with the Off
cials who employed him. and that
charges made against him must be
withdrawn or the persons making them
would suffer the lust penalties, He
supposed his supcriors knew the law
n that his appointment, and salary
were perfectly legal.
To~ I3,,shx, bau Bna, boo5 of the Nov
York College of Pharmacy since 1888.
He was former head of the Torrey
Botany Club and chairman Of the
board of scientific dir ctors Of the New
Yorl. Botanical Gardens. He was born
at franklin. now l part of Nutley. in
1856. ne attended the Massachusetts
State Normal College, and was gradu-
ated from the Medical School of New
York University In 1885.
Early in his life he undertook
scientific explorations for the smith
sonian Institution, making trips IS a
botanist through New iexito and
Arizona in 1880 and 1853. In 1896 he
crossed the South American wilderness
from the Atlantic to the Pacific. This
trip took him into parts hitherto m
visited by white men, and he brought
back thousands of botanical specimens
new to scientists. He visited chiefly
the eastern slopes of the Andes in
Ecuador and in Peru, the crossing of
the continent consuming two years. In
1896 he led another PARTY up the ORR
noco.
DIR. Rusby is a member In a long list
of scientific societies. For the term of
1910 he was president of the American
Pharmaceutical Association, He is the
author of books ON pharmacy, mater.a
medica and botany.
Papers Sent TO DIR. Wiley.
President Taft has forwarded all OF
the papers in the case to Dr. Wiley,
and will take no action until he receives
a personal statement from him. Ii Is
known that the President has he
highest regard for the pure food eH oar-
and for his administration of the ~
reau of chemistry. DR.. Wiley has Zen
attacked almost constantly since the
pure food law went into effect, At Jas
been claimed by the interests affected
that DR.. Wiley's rulings have been In
duly harsh and unjust.
Dr. Wiley has not resigned and So
far there has been no request for hts
resignation. 1t Is believed that vito
the publication of the technical
charges against him that there WI
be a great wave of protest against his
proposed dismissal.
President Taft before acting on tie
case, it is said, will grant a hearing
to all involved and will be guided ONLY
by his own judgment.
DIR. Rusby's Statement to STAR.
The following statement l. DIR, Rus
by was given to the Evening STAR at
his HON today:
"a New York paper was in errof
in its article this morning in saying
that DIR. Rusby received $40 per day as
pharmacognosist and $50 a day for ex-
pert service at trials. while the legally
permissible rate was only S1 per day.
I'm fact, the regular allowance for
court service actually paid per diem
men entitled to receive $11 per day $50
being the sum actually paid to them
was $50 per day, and DR.. Rusty asked
that he be paid this amount For ulter,or
re sons, which DIR. Rusty las yet -
make known, Solicitor McCabe denied
him this right, demanding that se
testify in court out of his So a day al
lowancc. This arrangeme mt was H.
legal, as the appropriation FOR the 80
a day service was specifically mad for
pharnlacognosist's service, which did
not include court work. Or. Rusty,
therefore. refused the arrangement and
offered to resign.
THE department felt hat his serV-
ices were too important to be lost and
sought a new arrangement that would
he satisfactory to the doctor. who
stated that ii he could get an average
payment of $50 per day to include both
kinds OF work he could continue to
serve. The department then offered
him an appointment at $1,000 a year
for services as pharmacognosist and
court expert.
DIR. Rusby accepted. supposing it t.
be proper. and construed il, and 50
stated in accepting. as being a re-
Spouse to his proposal. resulting in SEQ
a day for a required eighty days
work per year, stating at the same
time that he did not care low much
work was given him, II only an ar
rangement could be made which would
render it possible for him to continus
in the service.
"When DIR. Wiley made on the new
appointment i read as pharmacogno-
sist and expert Some one eliminated
the words and expert thus convert
ing 1t into a technical violation OF a
law that forbids Il pharmaeognosist
r.m. m.t&sn, =, tho, Ell a DIV