The Washington herald., 1911-08-08
NJ 'CABE IS FORCED
To ADMIT PLANS
TO bALk WILEY
Solicitor Often Went Over
Head of Chief Chemist.
ILL FEELING Is SHOWN

Solicitor McCabe, of the Agricultural
Department, admitted yesterday, under
the grilling OF Henry E. Davis, before
the House Committee on Expenditures
in the Agricultural Department, that he
wrote the paragraph contained in the
appropriation act which became effective
July l, 1910. which transferred to him all
the legal duties of the department. and
that he also wrote the famous general
order 14o," issued by Secretary Wilson,
| through which he absorbed all of DR..
Wiley's power to enforce the food and
drug act
Yesterdays hearing was replete with
| interesting and significant admissions by
Solicitor McCabe. He frankly told the
| committee that in 1910, prior to the Dem
| yer convention Of the Association of
State Dairy and Food Inspectors, at
| which 1t was known the benzoate of soda
question would be discussed, he
travelled through the Northwest at the
expense of the government, interviewing
| prospective delegates to that convention
and urging them to support the decision
| of the Remsen board and the stand Of
| the department in the soda controversy.
The Solicitor also admitted that two
| months before he had employed, with
Secretary Wilson's authority and with
out DR.. wiley's knowledge, a man to col
| lect samples of cure-alls sold in the
+ District, which he had made the basis
| Of a sharp letter to the chief OF the
| Bureau of Chemistry on the ground that
| the manufacturers and vendors of these
| remedies should have been prosecuted.
| He had also gone over DR.. Wiley's head
| in another case. This was the seizure,
| by the Solicitors direction, OF several
cases Of Heinz India Relish" on the
ground of geographical misbranding.
| Malice Is shown.
Mr.. Davis. counsel for DR.. Wiley,
| brought out before the committee that
! the Heinz firm has persistently opposed
the use of benzoate OF soda as a pre-
servative In food products. or. in other
words. was in complete agreement with
DR.. Wiley and the Bureau Of Chemistry
\ OH this point. The Remsen board and
| the Secretary OF Agriculture held the
! use of the drug in small quantities to be
not harmful
| The committee seemed exceedingly in
| terested in Solicitor McCabe's admission
that, with respect to the thirty-three
cure-alls which he had /reproved DR.. WI
ley for not prosecuting. as a matter
OF fact, under the johnson decision by
the Supreme Court prosecutions could
not have been maintained.
When the examination of Solicitor Nc
Cabe by Attorney Davis was resumed
| before the committee. Mr.. Davis pro-
duced another letter from McCabe to DR..
Wiley, which afforded additional evidence
of the ill-feeling existing between these
two gentlemen. This letter referred TO
DR.. Wfley's reply to the Solicitors COM
munication with reference to the thirty
three drug samples purchased In this
city. reproving the chief chemist for not
going after them.
Doubts wiley's Words.
In this letter to Dr. Wiley the Solicitor
says he notes with alarm and surprise
Dr. Wiley's statement that there are .,
| 900 remedies in the United States similar
| to the thirty-three purchased in the Dis
| trict under McCabe's direction.
Il can scarcely credit your statement
! that there are 25 900 such remedies" says
McCabe, who goes on to ask DR.. Wiley
II his statement to that effect is made
advisedly and is correct"
do you know" continues the McCabe
| letter, that there are not in this coun-
| try Is 600 remedies Of this character"
Mr. Davis asked the Solicitor what
authority the Solicitor had for practical
ly accusing DIR. Wiley Of untruthful-
| ness.
Il thought he must have known bet
| ter" Mr.. McCabe replied.
Then said Mr.. Davis, you feel
| justified, in spite of DR.. Wiley's state
ment, in suggesting that he must have
/ been saying something not true?''
/ my letter spoke for ITSELF" the So
licitor answered
| Mr.. Davis asked the Solicitor II he
| hadn't attempted to discipline an en-
ploye of the departr 'ent, not under Nc
| Cabe, because tho latter had been in
| formed the employe had gone to the
| Congressional law library to consult a
law book. The Solicitor explained that
General Order 40 placed all the legal
| work of the department in his hands.
Mr.. Davis then referred to McCabe's
| letters to DIR. Wiley assailng the latter
because he hadn't gone after the manu-