The Birmingham age-herald., 1911-09-16
The Wiley Case

s& ,f'it H. Rusby of New York pharma- .ZIsnosist of the bureau. In effect, Dr. }ySiley Dr. l.. F. Kebler. chief of the drug laboratory and Dr. M D. Bgelow, as- sistant chief of the bureau. have been charged with having conspired to pay Dr. Rusby salary of $1G00 year with the taeit understanding that he was to do only enough work to secure this amount at the rate of S9o day. This was held to violate the act of Congress approved March 15, 1908. which declared that no classified scientific investigator should re- ceive more than $9 day. In addition to the recommendation that Dr. Wiley be allowed to resign the personnel board held that pr. Rusby should be dismissed, that Dr. Kebler be reduced, and that Dr. Bigelow be allowed to quit the service. None of these recommendations is upheld in the Presidents opinion
 Dr. Kebler is reprimanded for dis ingenious conduct" in his letter writ ing to Dr. Rusby and the President says that the letters suggest wil- Jngness to resort to evasion" that calls for official reproof.
 Dr. Bigelow is held to be lover zeal ous" and a reprimand by Secretary of Agriculture Wilson. to whom the opin- ion, which is in letter form, is direct ed is ordered by the President.
 pr Rusby is held to be as guiltless as pr. Wiley in this particular mat ter. A charge against him, however. of securing the appointment on the common '9aborers' role" of a physi- elan and expert whom he could use to do his work al a very small stipend when he himself was called away the President holds to be mot especially creditable."
 The case, the President says. has made apparent the doubtful legisla- tive policy of placing limitations on bureau chiefs to exact per diem com pensations for experts
 The government, he says. ought not to be at disadvantage in this regard, and one cannot withhold one's sym pathy from an earnest effort by Dr. Wiley to pay proper compensation and secure expert assistance in the enforce ment of so important a statute as the pure food law certainly in the be- ginning when the questions arising ur- der ii are of capital importance to the public"
 The Presidents conclusion, he says. were ready weeks ago, but he did not put them on paper because he hoped for a time for the report of the com mittee of the House of Representatives that was Investigating the department of agriculture.
 The Letter
 The letter reads as follows:
 T return herewith the papers which YOU have submitted to me in the matter of the report of the committee on person. mel of the department of agriculture in which after summarizing the evidence ad- duced before them they recommended that Dr. II. H. Rusby, pharmaeognosist st fin the bureau of chemistry be dis missed from the service; that Dr. L. F. Kebler. chief of the drug laboratory in the bureau Of chemistry, be reduced from his present position and pr. H. w. Wiley chief of the bureau of chemistry, and pr. w. D. Bigelow. assistant chief of the bureau. be given an opportunity to resign from the positions which they now hold in ,he bureau of chemistry on account of the ir- regularities in the department of pr. II. II. Rusby.
 "The facts shown by the papers stated shortly are as follows:
 aDr Rusby lived in New York and vas emploved as scientific expert in the b,l- rea,, of chemistry to examine importa- lions of drugs under an agreement by ,T,iot he received s20 day for labora : tory work and $50 day for attendance fin court
 s On May 24 1909. the Attorney General advised the Secretary of Agriculture that ,,nder act of March 4, 1907 GA stat 12S0), no classified scientific investigator should receive n salary to exceed So day. On nfav oo ,aOo an order was issued putting bi,n on the roll at a salary of So day when actualIv employed. pr. Rusby ob- iscted to this and applied to Dr. Keber, chief of the drug laboratory. to secure a different arrangement. The matter seemed to have been held in allowance TOT some time Finally as result or confer- ence between pr. Kebler, pr. Biseiow and
 CONTINUED ON FACE x)