The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-09-15

one can not withhold ones sympathy
with an earnest effort by DR.. Wiley to
pay proper compensation and secure
expert assistance in the enforcement
| of so important a statute certainly in
| the beginning when the questions aris-
| ing under it are of capital Importance
to the public. If this were a know
| ing, wilful. deliberate effort to evade
the statute as construed by the attor-
ney general, accompanied by a scheme
to conceal the evasion and violation,
should think the punishment recon-
mended by the personnel board and
concurred in by the attorney general,
was none too great; but an examina-
ton of the whole case satisfies me that
different construction ought to be
put on what was done; that the evil
dence does not show that DR.. Wiley
was a party to the correspondence or
the letters upon which the chief
charge is founded, and that his action
in the matter was only in accord with
previous presidents in the department
which justified him in doing what he
did.
with respect to the other persons
charged, find an over-zeal in Dr.
Kebler and Dr. Bigelow, which
prompted a disingenuous method of
squaring DR.. Rusby's desire for what
he thought was adequate compensa-
ton with the contract which you and
DR.. Wiley were willing to make with
DR.. BigelOw should be reprimanded by
you. So far as DIR. Rusby is con-
cerned with respect to this particular
contract L do not find him at fault.
For purposes of punishment or dis
missal, I can not charge him with
knowledge of the legal difficulties in
volved in his employing nt.
Waited on Committee.
Il examined the records in this
case a number Of weeks ago and
reached the conclusion which I have
stated here, but meantime a commit
tee of the house of representatives
deemed it proper to institute an inves-
tigation into the department of agri-
culture and especially into the bureau
of chemistry and it's relation to the
department generally.
1T seemed to me under these condi-
lions that perhaps it was wiser for me
to delay until the investigation was
completed and the report of the COM
mittee made. The committee hasn't
made report although I believe the
evidence has been substantially closed,
and will not do so until the next ses-
sion of congress.
Further consideration satisfies me
that there are very much broader ques-
tons involved in the investigation and
the evidence there brought out than
the present charge which is narrow and
definite and can now be properly dis
posed Of The broader issues raised by
the investigation which have a much
Weightier relation than this one to the
general efficiency of the department
may require much more radical action
than the question I have here consid
cred and decided.
There is another charge against Dr.
Rusby for securing the appointment on
the common -lab orers' rolls of a physi-
clan and expert whom he could use to
do his work at a very small stipend
when he himself was called away in
other employment regret to say that |
the arrangement which DR.. Rusby thus |
made is not especially creditable TO |
him and shakes in some degree ones |
confidence in his avowed wish tomake |
personal pecuniary sacrifices in the |
public interest for the enforcement of |
the pure food law.
But DR.. Rusby's position as an ex- |
pert of high standing is such that I |
don't think that any more than this |
expression of opinion should be i'm |
posed as penalty. My information is /
that the government needs his services |
and that he has already rendered val /
liable aid and that the error referred to |
committed by him does not call for |
further action or remark.
''You will communicate the result to
personnel board and also to the per-
sons charged.
Sincerely yours.
WILLIAM H TAFT"
I