Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-04


tee on personnel was created by order OF
the Secretary Of Agriculture October 2
1905, and consisted at present OF Assist
ant Secretary OF Agriculture Hays, Chief
Clerk Clark and himself
Creation Of Remsen Board.
.sUnder what authority OF law was the
Rsu,sen board created7" Mr.. Floyd asked.
"Each member" responded the solicitor.
.awaH appointed a consulting scientific ex-
pert and his compensation paid out OF the
appropriation for the employment OF per-
sons to assist in the enforcement Of the
food and drugs act"
DO you regard the referee board as
connected with the bureau OF chemistry,
MIR. Floyd inquired.
.certainly." said Mr.. McCabe. "inas-
much as the members are employed to
aid IN the enforcement of the food ana
drugs act and paid from the 1uno 1
have mentioned.
as the referee board in the bureau
under Dr. Wiley Mr.. Floyd continued.
Not under DR.. Wiley" Mr.. McCaoe
answered.
Mr.. McCabe was asked II any questions
had ever been submitted to the referee
board before they had been passed upon
hv the bureau OF chemistry. He replied
in the affirmative, being certain. he said,
that the bureau had never made any In
yestiga tons in connection with the use
of saccharine and alum in food products,
a question which the referee board was
now looking into.
But" suggested Mr.. Floyd. '@how can
Won enforce the law by prosecutions I'M
less the bureau of chemistry has first de-
termined whether there is adulteration or
misbranding?'
I'VE have never tried to do that" re-
piled the solicitor.
.-rhen you can't prosecute until the
bureau of chemistry has acted?' asked
Mr. Floyd.
That" the solicitor returned, ELS the
Interpretation the department has al
ways placed on the law
Increased Power Of Solicitor.
Then came up the discussion as to ths
solicitors powers and responsibilities
since July 1, 1910. when Secretary Wilson
placed In his hands all the power to de-
ternine whether or not prosecutions for
violations Of the food and drug act should
he instituted Formerly this power was
welded by the food and drug inspection
board of the department, made up DR..
Wiley chairman; DIR. Dunlap and Solict-
tor McCabe. But ever since this date 1t
was brought out today, Mr.. McCabe has
acted by himself.
The solicitor testified today that since
July l. 1910, the bureau of chemistry had
recommended prosecutions in $500 cases.
OF this total he approved 2. 80 for prose-
cutton. and for various reasons acted ad-
versely on $50
The committee wanted to know about
come OF the cases he had turned down.
Well" said the solicitor. ''Ill tell you
Of one of them. The bureau Of chemistry
recommended the prosecution Of the
manufacturer of White House buck
wheat on the ground that the product
was misbranded. in that the label might
lead the consumer to believe that the
product was used or approved by the
7 recommended there
no prosecution"
Tn that particular case" said Repre-
sentative Floyd. with a smile, my opin-
ion agrees with yours"
Mostly Cases Of Misbranding.
'1lnety-nve per cent Of the violations Of
the food and drug act" Mr.. McCabe con-
tinued, ARE questions Of nmsbranding
Somebody tries to palm Off a product as
better than II really is That constitutes
. fraud on the pocketbook Of the con-
the public health"
Did any manufacturer ever claim his
product to be worse than it really was?"
asked Representative Sloan of Nebras IA
Il remember one case Of that Sort" re-
sponded Mr.. McCabe. somewhat to Mr..
man Is Massachusetts for selling orange
bloom honey, on the ground that the
honey wasn't all made by the bees from
orange blooms. The judge who heard
the honey was better than If 1t had been
made entirely of orange flowers"
Mr.. Floyd wanted to know II there was
any way of getting a case before the
courts IN the event that the decision OF
the bureau OF chemistry had been right
and the decision of the referee board
wrong. Mr.. McCabe didn't think there
was
Openly Faced Their Critics.
Nr. Floyd then asked II the benzoate OF
soda question had been raised at the
Denver convention OF tho Association OF
State Dairy and Food Commissioners
and II he was in attendance.
Mr.. McCabe said he was, and that he
had taken part in the discussion.
"Why?" asked Mr.. Floyd.
Because" the solicitor replied. II am
with the department in its ruling
have always been on that side"
Mr.. McCabe added that he went to Dem
yer at the direction OF Secretary Wilson.
The previous year. he explained. this
same association had held a meeting at
Ma S IN gone into secret session
resolution "villtfying" Secretary Will
son, questioning his good faith, and.
according to the newspaper reports of
the resolution in question, practically
accusing him OF the misapplication of
funds.
The Secretary said Mr. MoCabs,
wrote repeatedly for a copy of the
resolution, but never could obtain one.
So just before the Denver convention
the Secretary called me in and sug-
gested We go out there and see what
they would say 10 usepublicly. So we
went"
Opposed Wney's, Testifying.
Then the committee took I'D tie cele-
bTated case OF the state Of Indiana
against several food manufacturers, in
which members of tho Remsen board
testified against the state in Its admin
fstradon of the pure food laws.
Were you requested to say" asked
Chairman Moss. whether DR.. Wiley
could give an opinion IN that case?"
No" replied the solicitor, DR. Wiley
asked me II he could be compelled to
testify, and I told him he could not be
20 compelled. Dr.. Whey refused, on my
opinion. to testify. and the attorney gen
eral OF Indiana applied to Justice Bar
nard Of the Supreme Court OF the Dis
utct Of Columbia, who signed an order
requiring him to testify. l Will say
frankly that I did not want DIR. Wiley
to testify
why notr' asked the-chairrnan-
7 DIDN'T want HIM to testify in opposi-
don TO tho ruling OF the Secretary OF
Agriculture In the benZoater Of soda case "
replied the solicitor.
Were you aware then" continued the