Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-12-07
LIBEL SUIT
TO REOPEN
FOOD WAR
DR.. Rusby Charges
Chemist with Crimi-
nal Action.

Another chapter in the controversy
in lich DR.. Harvey w. Wiley and DR..
Fl, II. Rusby. of this city. are on one
side. and Secretary of Agriculture Will
son is on the other, was written when
DR.. Rusby obtained from Magistrate
Joseph B.. Handy, of %Stapleton, Staten
Island, yesterday. a warrant for the ar
rest of A1bin Warth. a young chemist
of stapleton. on a charge. of criminal
libel. 1t is believed that this VIII be
the means OF renewing the squabble
between the nations champion of pure
food and Secretary Wilson.
a summons was issued TODAY fcr
warth's appearance in court at 10
O'Clock tomorrow.
The basis of the libel charge is a
letter written by Warth to Secretary
Wilson, july 10, c%harCing' D.. Rusby
with being employed by certain drug
interests in New York and favoring
them in his official work.
Although the House committee on
investigating expenditures in the De-
partment of Agriculture tooll up the
Wiley controversy shortly after the
Warth letter was written the letter vas
never produced as evidence, but its
subject matter was used when ques-
tions were asked covering the charges.
That hearing resulted in the
ton of both DR.. Wiley and DR.. Rusby.
A second report has now been issued
by the committee, containing the
Warth letter with this PREDATORY SEN
fnn6o+ at altar thar Gbnt1d have hRpn
inserted on page $3.50 by Secretary Will
son."
DIR. Rusty Explains.
This preface is a fling by the COM
mittee at Secretary Wilson" DR.. Rusty
said. MY exaninatio. went into the
charges in the letter as explicitly as If
some one on tho committee had been
informed Of its points. | made abso-
lutte and complete denial of all the
charges and the President acquitted
me. Now the letter Is brought for
ward for public perusal for the first
time. as if it were new.
II don't know Warth. Last spring ].
L. Hopkins & Co. asked me for a capa-
BILE chemist. / recommended DR.. Mans
field. 1t appears l was providing a
successor to Warth with that firm, but
l did not then know 1T. The letter
bears date not long after DR.. Mansfield
got the place.
Il riddled the charges full of holes
before the committee in August. There
is not the slightest foundation for
them. 1t isn't everybody in a libel
case who can prove a negative. but l
can in this case"
Warth is &c and lives with his mother
on Smith terrace, Stapleton. The fam
lily Is well-to-do.
Ills letter to Secretary Wilson in
July began by saying that the public
Interested in the enforcement of the
food and drug act would heartily APP
prove the action of the committee on
personnel of the department of agri-
culture In recommending tho dismissal
of DIR. Rusby.
"On account of his numerous errors
OF Judgment" the letter went on, lit
has been the opinion of impartial OBJ
servers. that he should nave beer dis
missed long ago. He has not only tried
to dicker and undo the officials of the
department, but he has dickered with
the drug interests who could afford
to employ his services.
DR.. Mansfield. who is not properly
qualified, but Is a close associate of
DR.. Rusby, has been allowed to pass
Upon samples obtained in interstate
shipment md also upon importations
at the port of New York. DIR Mans
field is also a salaried employee of a,
large crude drug house. p, l.. Hopkins
& Co.