Evening star., 1911-08-08
Government Paid Expenses.

Germs II question, one n hotHtSlcE anu
the other iu Detroit, to Go that
Government Paid Expenses.
James i. Bingham, former attorney
general of in6iana. was then called to
the stand He also declared emphatically
that the people of his state were per-
fectlv satisfied with the pure food Law
which vas attacked in the case that re-
volved around the use OF benzoate OF
soda
Chairman Moss asked Mr.. Bingham how
much territory he had covered in taxing
Sepusitions in the celebrated case The
law of Indiana. the chairman explained.
compelled the attorney general to be pres
ent when depositions for the plaintiff
were being secured.
How much did YOU travel'' the chair
man asked
Tho witness siened YEARLY From Seal
Harbor, Nc. 10 SaE Francisco, Cal. he
replied
asked.
''Indiana-and il cost great deal" the
former attorney general replied.
Were YOU aware. the chairman con-
tinued, that the Department of Agricul-
tuIe was paying the expenses OF the
members of the referee board when they
went 10 Indianapolis 70 testify against
the state?'
Il knew from the testimony of the
referee board members and also from
c nversation / had with DR.. Herter, Mr..
bingham answered. that they were be-
ing paid by the government for that
service
Did the merl.be OF the referee board
testify as expert chemists. or as members
of the beard" the chairman asked.
Oh said the witness. they testified
as experts. as board members and as
everything else. | think.
Did you take testimony for the Cur
tee ana Williams concerns from en-
r,oyes OF the department.
'.es'' responded the former attorney
general, from the members Of the fer
t.ee board, their helpers and servants
State Needed Witnesses.
"On behalf of Indiana did you want the
testimony of employees of the depart
ment?"
Yes said Mr.. Bingham, with a nod
OF his head. we wanted for the state
the testimony of DR.. Wiley, his assistants
and the members of the so-called poison
squad who had participated in the ben
zoate Of soda experiments.
Mr. bingham said he first applied to
Or. Wiley for the latters testimony, and
was referred TO Secretary Wilson He
was anxious. he said, TO have DIR. Wiley
appear in Indianapolis in person. rather
than by deposition.
Did you ask the department to pay
Dr. Wileys expenses out there Mr..
Moss inquired
"Oh, l don't think / made a request Of
that kind" returned Mr.. Bingham. Il
did point out. however, that the members
OF the referee board had testified"
What reply did you get to your re-
quest that Wiley be permitted 10 testify?'
The request was not granted
Was il refused?" asked the chairman
Well said Mr.. Bingham, 1T was put
TO me in this way. The referee board
had made a report which was contrary
appear If DR.. Wiley testified that the de-
partnent was in the attitude of not sus-
tanning the referee board"
Continuing, Mr.. Bingham said he had
taken the matter up with President Taf:
and that the latter, while expressing the
opinion that there was no reason why
DF- Wiley should not he permitted to go
10 Indianapolis and testify, left the whole
matter 10 the discretion of Secretary Will
son. as strictly departmental affair
The committee seemed particularly
Interested in this declaration by the
former attorney general in view of
the fact that in Secretary Wilson's let
ter dismiss ns Dr Robson he speaks
or the policies of the department and
OF the administrat ton" in connection
with the benzoate Of soda controversy.
Recourse to the Courts.
Resumins his story of his troubles
with the department. Mr. Bingham
said he had caused processes to be is
sued in the regular way for DR. Wiley,
the poison squad, the chemists who had
participated in the benzoate of soda
experiments and their helpers
= took D~ Eigelow first" said Mr.
bingham. but after answering a pre-
l.minary question he refused 10 testify
further unless permitted 10 do so by
the Secretary Of Agriculture or com
Ieled by the courts. knew in ad i
vance that ! WAS going u have trouble
and ! tried 10 aare II dmicaD!r arranged
"!tn@it rt&srjE- TO a court order II
f.nst.5 became apparent there was moth
ing Tor me TO do but file the necessary
petition in court
4 had received COPY of McCabe's
opinion that Wiley did NOT have TO testify
before | left Indianapolis McCabe held
the vlew that the evidence wanted was
expert evidence. and that under court
decision the attendance of Wiley could
not be compelled. | held that this was
not expert evidence: that We wanted them
to testify 10 the facts. / held that his
opinion was not we'll grounded
Inc committee sat up and took notice
when the former ATTORNEY General de
ciared his request To the department for
a copy Of the Wiley report on henzoa e
of soda was met with ale reply that he
could have II II the food concerns which
were pldiitlUS IN the case consented
Later TIE department sert to him ever
scrap OF record in the herzoate of soda
case, althouLh he had asked only for tn.
Wiley report. and he was finally able I.
insert that report in the record by itself
only through the courtesy Of counsel for
the food concerns who permitted hin
10 use an uncertifed copy OF the report
was the consent OF the state of In
diana asked before the report OF the
BemSen beard wes put in the record by
the plaintirs2" Mr. Moss inquired
Not ~ AL" the former attorney gen
eral replied. with a smile
did you Tver receive any help or co
operation from anybody in the AgricuI.
tutai Department" Mr. Bingham was
asked
From no one but Dr. Wiley" he re.
Piled
But D. Wiley couldn't ac, voluntsr
~ suggested @Eaij man Moss.
'Ntn. replica tpe Attorney General
ne said hc III Mt pseIos TO have a pad
sOek put On his mouth,
"Ii6 you ever receive any cordial co
operation from tbe Acri, tltural Depart
ment?' MIR Moss ;erSisted.
None" Mr. Bingham emphatically re
He'd
Did YOU. in your conference witt
President Taft" aeSed Chairman Moss
receive any intin.a,ioR that the nationa
administration was opposed TO Or. Vile,
tesufving Cor the STATE of Indiana"
Not in the Ieass,' said Mr. Bingham
When ! talked with the President per