The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-08-03
| MILD CENSURE FOR DR.. WILEY
HIDDEN REPORT on REMSEN
BOARD BROUGHT OUT.

HIDDEN REPORT on REMSEN
BOARD BROUGHT OUT.
President 20 Let wiley Down Easy
deputy Attorney-(3eneral Fowler
Reported That the Remsen board Wa
= Not Formed Legally--lnquiry Goes On.
WASHINGTON. Aug. 7.-President TAFT
will not order the dismissal of DR.. Harvey
W. Wiley. The pure food expert will get
OF with a reprimand. which will probably
be light The President will I've ready
to hand down his decision in the case within
a day or two.
Secretary OF Agriculture Wilson has
paved the way 70 let himself out Of the
Wiley mixup without any serious differ
ence Of opinion between the President
and himself The President after Sec
retary Wilson had failed to make any
recommendation in the case In the first
instance sent the papers back to him with
the request that ne express an ofYicial
opinion
Secretary Wilson in his review Of the
case steers q fairly safe course in the
middle of the road. Attoney-Gener
Wickersham's recommendation that DR..
Wiley's offence merited .condign pun
ishment" is apparently the mos: en-
barrassing feature OF the case for the
President. although Mr.. Taft has said
repeatedly that Mr.. Wickersham was
passing only on the legal aspects Of the
case and that in any event the President
always reserved the right to reject recon-
mendations Of HE Cabinet officers with
out prejudice to them.
That the Remsen board. created by the
Secretary Of Agriculture. was brought
into being in evasion OF law is the charge
that the House Committee on Expendi-
lures in the Department Of Agriculture
will make in combating the findings that
Dr. Wiley violated the law in agreeing to
pay DR.. Rusby an amount in excess Of
that prescribed by statute for expert
services This was indicated at the hear
ing Of the committee to-day when there
was produced q report Of Assistant At
torney General Fowler The report held
that there was no authority In law for the
creation Of the Remsen board. which has
come to be known as the .benzoate Of
soda board
Attorney General wickersham and DR..
Ira Remsen. chairman Of the board which
bears his name. appeared before the
committee to-day. The Attorney Con
ersl was called to certify the Fowler
report which was made on March 81.
1909. Where the Fowler report came
from was not made known by tho COM
mittee.
Il do not know from what source you
procured the paper which you have
handed to me-" said Attorney General
wickersham. but have had II compared
with the original. have certified it and
return it herewith. 1 should add that
| this Ia one Of several memoranda which
we're prepared for me by attorneys con-
nected with the department. all Of which
took into consideration In arriving at an
| opinion"
The opinion Of Attorney General Wick.
ersham was that the creation OF the board
WAS ss. bJ, IT. he did no, pss:
acts OF the board.
The Fowler report. which held tbs
out authority of law. said in part:
| Il do not think that the Secretary ot
| Agriculture was authorized by law to
employ these scientific experts to be paid
out of the fund named lpure food appro.
priation). l do not think that the appro-
phstions out OF which these gentlemen
are being paid for their services is availa.
ble for that purpose.
Continuing Mr.. Fowler quoted from
the time the pure food act was passed
in support of his contention that Congress
never intended that there should be a
referee board. II was the intention al
Congress. Mr.. Fowler argued. to have
appeals taken to the courts il there were
TO be appeals. Mr.. Fowler further re-
ported TO the Attorney General that tht
| reforoo hoa rd ostoppod n couvt Droc>>d