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

Is Solicitor McCabe the power behind
the throne in the Department OF Agri-
culture. the nemesis of the bureau Of
chemistry and of DR.. Harvey w. Wiley.
its chief? Henry E. Davis. perso i.al coun-
sci for DR.. Wiley. began his cross-ex-
animation Of Mr.. McCabe before the
House committee on expenditures in the
Agricultural Department this morning.
and it was apparent that this is what
he was endeavoring to prove.
He questioned the solicitor at length
about Order No. no." issued by Secre-
tary of Agriculture Wilson. July 1. 1910.
which stripped DR.. Wiley an, his as
| sociates in the bureau OF chemistry OF
all power to say whether or not the food
and drugs act should be rigidly inter
preted and enforced by prosecutions.
Under his grilling Mr.. McCabe admitted
that he now had the sole power Of de-
termining whether or not prosecutions Tor
| violations Of the pure food law should be
undertaken.
| Prior to July 1. 1910. when this order
40 was issued, determination Of this
question lay with the food and drug in
spection board of the bureau of chemistry.
composed of DR.. Wiley, his associate. DIR.
| Dunlop, and Solicitor McCabe. Two OF
| the board constituted a majority and
| could bring about a prosecution In any
| case. But this was changed and now DR..
, Wiley can do no more than recommend
that a prosecution be undertaken. Nc
Cabe has the veto power
| Other matters of interest were devel-
| oped today. For instance. 1t came to
| light that Solicitor McCabe had given an
opinion that Dr. Wiley need not testify
in the case Of the state OF Indiana
against certain food manufacturers and
users Of benzoate of soda. McCabe frank
| ly admitted that he didn't want DIR.
/ Wiley to testify, because he knew he
| would testify against the Remsen board
and Secretary Wilson.
| When McCabe goes on the stand tomor-
row morning MIR. Davis will resume his
| cross-examination and Interesting devel-
| opments are expected.
Charge Against Wiley Stated.
Solicitor McCabe started out by de-
| scribing the work of his office. He
had twenty-four legal assistants in the
Agricultural Department and ten
more at the field headquarters of the
forest service Matters involving the
enforcement of the food and drug act,
he explained. accounted for only about
one-fifth Of the work Of his office.
Representative Floyd of Arkansas re-
ferred to the itemized accounts of the ex-
pendtures of the Remsen or referee board
and called Mr.. McCabe's attention to
provision for an expert at S35 month.
Mr.. Floyd suggested that this was Won
derfully low pay for an expert, and asked
the solicitor If it wasn't true that this
employe had been so designated in order
to evade the requirements Of the civil
service regulations.
Mr.. McCabe said he didn't know any
thing about the accounts of the referee
board, but admitted that experts" did
not have to take the civil service exam
ination.
state the specific charge against DR..
Wiley?" demanded Mr.. Floyd. and the
committee members and spectators sat
up and began to take notice.
Mr.. McCabe replied that DR.. Wiley. DR..
Rusby, Dr. kebler and DR.. Bigelow had
entered into an agreement that DR.. Rusby
would not be required to work more than
eighty days in year and would receive
an annual salary of 81, 500. The commit
tee on personnel, the solicitor said, be-
lieved that this agreement was unlawful
In view of the previously rendered opin-
ion of the Attorney General concerning
the necessity of a maximum per. diem