Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-05
M'CAbE REAL POWER
Alleged to Have Dominated All
Food Prosecutions.
FOUND FAULT WITH WILEY
Wanted Action Started Against
Patent Medicine Men.
WILSON TO SEND REGISTER
Said to Contain List of Cases
Abated on Recommendation of
Solicitor McCabe.
WILSON TO SEND REGISTER

f1enfy T.. DdSlS, peTSOHdi couHSel ioi
Dr. Harvey ". Wiley, chief of the bu-
reau of chemistry, today continued his
cross-examnation Of Solicitor McCabe be-
fore the House committee on expendi-
lures in the Agricultural Department. In
an effort to demonstrate that the solicitor
had gradually taken to himself all the
power for the rigid enforcement OF the
food and drug act, which was formally in
the hands of DR.. Wiley.
The committee appeared profoundly in
terested when Mr. Davis introduced let
by drawing admissions from the solicitor
on the stand that without the knowledge
of DR.. Wiley he had induced Secretary
Wilson to appoint man named Daggert
to collect samples of drugs sold in the
District. and that he thereupon sharply
reproved DR.. Wiley for not having been
sufficiently active in prosecuting the manu-.
facturers and venders Of these drugs.
Wrote Letter to Wiley.
Mr.. McCabe wrote letter to Dr. Wiley,
in which he said he had casually" col
lected these samples Of drugs sold in the
District, thirty-three in number. He ad-
mitted today that he did not co the work
himself, and that the samples had not
been collected Casually but that Dag
CART had been employed without the
Of oh for
that specific purpose.
When the committee adjourned at noon
today until next Monday at 10 O'Clock
it was quite apparent that Mr. Davis
had hardly begun his examination OF
McCabe, and that the latter would prob
ably be on the stand for several days
more Mr.. Davis intends to show before
he is through with McCabe in Just what
manner the latter has gradually accumu-
lated all the authority tor ordering prose
cution under the food and drug act
Originally Dr. Wiley had this power
In 1907 his authority was diluted some
what, when the board OF food and drug
inspection was created with three mem
bers-Dr. Wiley, Associate Chemist Dun
lop and Solicitor McCabe. That board
still exists, but it has no power now eX-
cept in import and seizure cases, which
are not numerous. Solicitor McCabe now
has final say, regardless OF the bureau ol
chemistry, as to whether the manu1actur'
er or yender OF food or drug PREF aratlon
shall or shall not be cflminally prose
cuted
Suuabble in Committee.
The republican and democratic member!
of the committee squabbled again thi
hoo ~
as to the right of DR.. Wiley to be rep
resented by counsel and as to the right
of that counsel to question witnesses
Representative French of Idaho insisted
it was the duty of the committee to con-
duct its own investigation, and that the
members should both examine and cross
examine those summoned to testify.
The work of the Investigation said
Mr.. French, depends on the committee
and not on any attorneys for any per-
son. l have no desire to suppress the
facts, but l have suggested a principle
that should apply not only with respect to
DIR. Wiley, but to body else as Well.
Chairman Moss salu, win some empna-
sis, that If the republican members OF
the committee desired to raise the ques-
ton of the committees jurisdiction he
would be glad to have the House deter
mine the matter.
IF we are exceeding our jurisdiction.
he said, Il should be glad to have that
jurisdiction broadened."
Mr.. French replied that he had no de-
side to raise the question of jurisdiction
but thought the members OF the commit
tee shou.d not shirk their duty and should
conduct the investigation themselves.
Representative Sloan of Nebraska, an
other republican member of the commit
tee, was confident the committee had nc
right to pass on the conduct OF Or
" iley or on the present controversy. The
Wiley matter, he insisted, was entirely
outside the committees jurisdiction.
The views of the majority members
prevailed, however. and Henry E. Davis
was instructed to continue his cross-ex-
animation of Solicitor McCabe of th
Agricultural Department, which he begaI
yesterday.
Wilson Promises Register.
First, however, Chairman Moss said he
had received a letter from Secretary Will
son with reference to the ''permanen
allowance register of the bureau o
chemistry, which was asked for yester.
day This register. the Secretary report
ed, was not complete, and he did not care
to send 1t to the committee at this time
He promised to have it brought up to
This register contains a record of all
cases abated by the bureau of chemis
try, by the food and drug inspection
board, or by the Secretary. on recommen-
dation Of the solicitor.
In reply to a question by Mr.. Davis
Solicitor McCabe said the food and drug
inspection board which up to July !. 19lc,
passed upon all prosecutions to be under
taken by the department for violation
of the food and drug act, had been
created April %. 1907. 1t consisted OF
Dr. Wiley, Associate Chemist Dunlop
and Solicitor McCabe.
within that board suggested Mr
Davis, DIR Wiley was your SUPERIOR?
II do not SO understand 1t, replied
Mr.. McCabe. II was simply member oi
that advisory board created by the Sec
retary of Agriculture, and DIR. Wiley was
it's chairman.
Then Mr.. Davis handed the solicitor
a long document and asked him If he
recognized it as a letter he had writ
ten to DR. Wiley January 20, 1910, CIV
ing a list of thirty-three patent medi-
cines of the "cure-an' type. sold In
this city, and demanding to know why
the bureau of chemistry hadn't analyz-
ed them and made them the basis for
criminal prosecutions. The committee
and in fact everybody else in the room
seemed much amused as Mr. Davis pro-
ceeded to read this letter which con-
to;rod aunt tiOnS from the labels on