The Washington times., 1911-08-09
M'CABE ADMITS He. .
"REWSED" COURTS
OPINION ON FOOD
Document Changed To Suit
The Department Of Agri-
4 culture.
PROMULGATED WITH
ALTERED WORDING
Bezoate Of Soda Ruling Given By
Solicitor AS Reason For
His Methods.
Bv THEODORE TILLER.

I1IS NlSillOuS.
By THEODORE TILLER.
That the Department Of Agriculture
had iuggled the opinion of a court De-
cause 1t held that benZoate of soda
was harmful whereas the department
decreed ii was not, was one OF the
startling admissions made today "
Solicitor George P. McCabe, when he
resumed his testimony before the House
committee investigating tho DR.. WilcJ
controversy.
The department promulgates all de-
cisions of the courts in pure food prose-
cutions, but the District court of the
eastern judicial district of Missouri,
will hardly recognize Judgment No.
742 issued by the department, as being
that handed down by the tribunal.
Solicitor McCabe admitted that the
Judgment was ''reIised in my office"
before it was issued as public docu-
ment. The court, following a plea of
guilty by the defendants, fined the
tion of the pure food laws. One count,
to which plea of guilty was issued,
declared that a substance made by the
company contained cocaine, benzoaic
acid, and coal tar dye
After 1t Was Revised.
After Solicitor McCabes office had
tampered with the decision, it went to
the public that the fine was imposed
because the preparation contained:
Cocaine, caffein, and a harmful
coal tar dye"
Why was the change made in your
office? Why did you not follow the
of nnllrt'S infnrma Tinn in
promuIga ting the decision of the court?'
demanded Attorney Henry L. Davis,
representing DR.. Wiley.
Because tbs department had never
alleged that benZoate of soda was HARM
full. 1t held the opposite said Nc
Cabe.
A representative of the Government
Printing Office Vas present with proofs
of the opinion IN its original and in its
altered form. Solicitor McCabe frank
ly assumed responSir ility for eliminat-
ing the words ''benzoate of Soda and
substituting in their place, 'caffein.
He had also caused tc be inserted the
word harmful before coal tar dye.
said the Solicitor.
New Case Demonstrated.
Second in Importance to additional
proof of the ends 20 which the depart
ment will 20 to uphold the Remsen
board at all costs, and to throw down
the benzoate Of soda decision of DR..
Wiley or the courts, was the light
gained on the charges against DR..
Wiley in the Rusby case.
Under a grilling Cross-examination
McCabe acknowledged that he had au-
thortzed the Bureau of Chemistry to
pay William H. Harris, an expert, $50 a
day for court work, but McCabe and his
board of personnel held that Dr. Wiley
should be dismissed because, following
that precedent, DR.. Wiley proposed to
engage DR.. H. H. Rusby at "a rate in
excess of the stipulated per diem.
Solicitor McCabe said he didn't think
She cases were exactly analogous.
THE Bureau of Chemistry told me"
he explained in justification of his con-
ficting actions, that Mr.. Harris was
the only coffee expert obtainable. He
would not do court work for less than
$50 day, so l told the bureau l would
approve his account for two days work
at $50 per day.
This was an extreme case. When
DR.. Rusby's case came up l was salts
fed that he merely wanted to increase
his annual compenSation-he had been
drawing $l,100 or so a year so l gave
an opinion saying that DR.. Wiley cOuld
diem"
Yes. and in that opinion you said it
would set a bad precedent" interrupted
Mr.. Davis Hadn't you already
authorized so day fee to Harris,
another expert
Yes" adritted McCabe. but the
Harris case was an exit eme case and
1 did not so regard the RusDy matter"
Mr. Harris will be summoned to ap-
pear before the House investigators.
You assumed TO change the court
record so as to make It conform TO the
departments idea about OenZoate of
soda and so as to conform TO Your in
formation sent the. Attorney General,
40 nF hn Il
torney and the Missouri court?" asked
Attorney Davis.
NO. wouldn't say that l changed
the court record parried MCCIbe.
You admit that YOU changed this
judgment altering the language so as
to make it conform to that you sent
out from your office to the Department
of Justice before the trial was begun?''
Yes" admitted the witness.
so the language in the district at
torney's information, to which he se-
cured plea of guilty. was struck out
by your,
Comparing the proofs brought from.
the Government Printing Office Mr. Rid
die, the attorney for DIR. Wiley directed
the committees attention to the fact
that the District Aorney had secured a
plea of gully and a penalty from the
beverage company because one of its
prepa tions was said to have con-
tained added poisonous and deleterious
substances including cocaine, benzoaic
Naid and coal tar dye"
Sloan Objects.
Representative Sloan, a Republican
member Of the committee, objected to
going again into the board of person
ners charges against DR.. Wiley. Mr.
Sloan held that the committee had of.
fetal cognizance of no charges and nc
Controversy between Dr. Wiley and
other officials of the department. q
The people want to know the whole
truth about this matter" interpCS,d
Representative Mays of Florida. 1T is
not time for technical questions and
legal quibbling. We have a right Il
inquire into anything that concerns eX'
penditures in the department. and this
does Mr.. Sloan then withdrew hi:
objection.
Mr. Davis attempted to show today
that the Or. Rusby matter was brought
10 the attention of, the Secretary dur
irg DR.. Wiley's absence from the city
when DR.. Dunlap was acting chiei
chemist lie drew from Solicitor Nc
Cabe the admission that DR.. DUNLAP
had talked to the Solicitor about the
over-payment TO DIR. Rusby some weeks
before the charges were finally laid be-
fore The Secretary.
Did you ever say anything to DR.
Wiley about this?" asked Davis.
Il don't remember. I think not
said McCabe.
"Did DR.. Dunlap tell DIR. Wiley that
he was going to lay the matter be-
fore the Secretary?' ..-.-.. .-..