The Washington times., 1911-08-04
kCABE RULES
ON ALL FIGHTS
! FOR PURE FOOD
He, Not Wiley, Decides
! Prosecutions, He Tells
!;.,, Probers.
CONTINUED from First Page.)

(Conunued from First Page)
DR.. Wiley, began to question Nc
Cabe
By a series of questions Mr.. Davis
developed that Solicitor McCabe has
virtually the. last say as to prosecu-
uons of Violators of the pure food
and drug act The inspection board
but McCabe alone recommends action
to the Secretary of Agriculture.
The significance of this testimony
was that the power of the Bureau of
the pure food laws had substantially
become subservent to McCabe's inter
probation.
'As understand 1t you. as solicitor
and member of the inspection board.
now have the right to say whether
there shall be prosecutions?' asked
NO. DR.. Wiley makes a recommenda-
Yes, but DR.. WiIey's recommended
ton has no legal standing in the de-
partment," interrupted Mr.. Davis.
DIR. Wiley can appeal to the Secre-
tary II he disagrees with my decision"
said McCabe.
'Oh, know" said Davis, but gen.
eral order No. 40 gives you sole author
ity to recommend prosecutions and
Wiley's appeal is q mere appeal with
out legal status If the Secretary wants
McCabe admitted this to be about
right
Purpose of Wiley's Counsel.
The purpose of DR.. Wiley's counsel is
evidently to show: That the inspections
board is composed Of three members,
DR.. Wiley and DR.. Dunlap. of the
Bureau Of Chemistry, and Solicitor Nc
Cabe. who is not a chemist.
That
could vote together and bring about a
prosecution of a violator of the pure
food law. That under the recent order
Solicitor McCabe, not 4 chemist, is the
court Of last resort in the board and
that. McCabe's opinion can outweigh
that Of the two chemists.
Attorney Davis will pursue this line Of
investigation when McCabe takes the
stand again tomorrow.
Chairman Moss again interjected the
Indiana State controversy over henzoate
of soda into the hearing today, and
brought out that McCabe had held that
DR.; Wiley, could n2t be compelled to
testify in favor of the State. which was
endeavoring to enforce its pure food
laws
Curb on Chief Chemist.
''But the department sent DR.. Remsen
and two members of the board to testify
against the State" said Mr.. Moss.
/ WY QlQ you uOIu lIldL LII. WHEY WHO
believed that benzoate of soda was
harmful, need not testify?''
Il will say frankly that did not want
DR.. Wiley TO testify in that case" said
Solicitor McCabe.
WHY demanded Chairman Moss.
Because l did not want him to ap-
pear In opposition to the ruling OF the
Remsen board and the department TO
the effect that benZoate of soda was not
deleteriouS-"
"When you gave your opinion as TO
the Wiley testimony you knew that the
Remsen board members mad been re-
Uuested to testify in favor of DenZoate
OF soda, and that the Secretary had ap-
proved their intention to give testimony
against the State?" quered Mr.. Moss.
"Yes," admitted the solicitor.
And yet you told DR.. Wiley that he
should not testify"
No" answered MCCabe. Il inform
ed him that he could not be compelled
to testify. The attorney general of the
State, l believe, appealed to Justice
Barnard, OF the District Supreme Court,
and got an order requiring DR.. Wiley
to testify"
Must Produce Opinion.
Did not the attorney general Of In
diana first ask the Secretary of Agri- |
culture to let DR.. Wiley testify against
benzoate of soda?''
Yes, think So" answered McCabe.
The committee ordered Solicitor Nc |
his opinion as to the propnety of Dr. !
Wiley appearing in the Indiana case, as |
well as DR.. Wiley'S letter asking for |
an opinion as to whether he should |
testify.