Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-16
The Real Issue in the Wiley Case.


President without reference to such pos
sibly related but not pertinent considera-
lions as have been raised in connection
with the Attorney Generals own conduct
OF business in the Department of JUS
tfce in the employment Of special coun-
sci for the prosecution Of the govern
ment's suits against the trusts. 1t may
be perhaps helpful to the President In
weighing the issue raised in the Wiley
case to recall the fact that these employ
ments of counsel and experts are neces-
sarily different from the usual enlist
Ing of personal service for administrative
purposes. But in the final judgment the
case of DR.. Wiley should rest definitely
upon the question Of whether or not he
is a valuable official servant and whether
the offense alleged against him is Of a
nature to destroy or lessen his useful
ness TO the public.
s The Attorney General has recommended
his virtual dismissal from Office because
of the manner in which he secured the
services of a highly qualified expert for
the enforcement of the law designed to
protect the public from food and drug
authorizations and frauds This would
seem to have been a hasty, and in some
respects an unreasoning conclusion for
the chief legal officer of the government
to reach, and it is decidedly unfortunate
that the President now should be placed
in the position of deciding whether to
disregard this official finding by men,
beI OF his cabinet, or to dismiss. in eff
feet, an official who is regarded by the
country as defender of public health.
There may have been laundering some
where in the reference of the case to the
Department Of Justice in such manner
as to lead to this awkward situation, but
that can be put aside in view of the
kraver question of whether the admins
tration is to go on record before the
country as hostile. in effect, to the ear
nest, thorough and successful applica-
ton Of the pure foods law.
1t will be pertinent to ascertain, per-
haps. why conditions in the Department
of Agriculture were such that the en-
ployment of DR.. Rusby could have been
effected in illegal terms without the sane
ton of the head Of that department. or.
II with his sanction, without his full un-
Outstanding of the precise terms and con-
ditions of the arrangement. 1t is, Of
course undesirable that any chief of bu-
ISdu SUOuiu 20 independently VI luc uCdo
OF his department or should not be in
full harmony with him at all times and
in all matters. Good administration de-
mands cooperation between chiefs and
subordinates Of all degrees. If there has
been friction and jealousy in the Depart
ment of Agriculture. as stated, over the
exceptional popularity Of DR.. Wiley and
the publicity attending his efforts to en-
force the pure foods act that fact should
not now serve to the end of separating
him from the service on SO technical a
charge as that which has been brought
against him. 1t is to be deplored that in
this department, which has been in the
past few years doing an immensely VAL
liable work for the betterment of the
agricultural interests and for the public
welfare, there should be any question Of
precedence between chiefs of bureaus and
other officers working to the injury Of
the whole system or leading to quarrels
and combinations in favor Of or against
certain officials.
DR.. Wiley's case is peculiar in that it Is
well understood that he has for years
been the object Of savage attack by the
interests that he has by law been charged
to prosecute and curb. 1t Is impossible,
therefore. in this connection to proceed
to any conclusion without taking into
account the forces that are. at least in
effect. represented in any accusation
brought against this Official. That they
would rejoice greatly over his dismissal
is obvious. That in the public mind
they would be credited with the victory
over him is sure. These circumstances
might well have been taken into &C.
count by the Attorney General in his
review Of the case. just as 1t must be
taken into account by the President in
his final disposition of it.