The Washington herald., 1911-08-05
WILEY KEPT STILL
BY ATTY. McCABE
Solicitor Forbade Expert to
Testify in Court.

Although Secretary Wilson asked DR.
Remsen to go to Indiana and testify
against the State. in a prosecution In
volving the use Of benzoate of soda
George P. McCabe, solicitor Of the De-
partment of Agriculture. attempted to
keep DR.. Wiley from testifying for the
State and in support Of his own decision
on benzoate OF soda This startling in
formation came out yesterday at the
hearing of the House Committee on Ex-
penditures in the Agricultural Depart
ment, the admission being made by Nc
Cabe.
A manufacturer who used benzoate wa,
being prosecuted under the laws Of Indi-
ana and the defense was aided by men,
bers of the Remsen board. Not until
yesterday, however, was 1t learned that
McCabe was opposed to the other side of
the controversy being presented by Wiley,
Notwithstanding the fact he knew the
Remsen board members would testify.
What is the specific charge against
DIR Wiley?" asked Representative Floyd.
THE conclusion of the committee on
personnel was that Drs Rusby, Kebler.
Bigelow. and Wiley had agreed that Rus
by would work only eighty days year
for a yearly salary of S1,6oo. which the
committee believed to be a violation Of
the law limiting the amount of money
which can be paid experts"
Isn't II a fact that the appointment Of
DR.. Rusby was signed by Secretary
Wilson,
Yes, sir
rs it your opinion that any one receiv-
Ing an annual salary should give all his
time to the government"
Capital Employees Excepted.
McCabe said he did not think employees
outside Washington came within the
same restrictions as those in the depart
ments here.
DO you regard the referee board as
connected with the Bureau Of Chemis-
try?' asked Representative Floyd
Yes" said McCabe, because they
were employed to enforce the food and
drugs act, and were paid out of the
funds of the bureau. They are now paid
out Of the funds appropriated for the
Secretary to enforce the food and drugs
act"
After telling the committee that DR..
Wiley presents his evidence to him and
that he in turn makes recommendations
on the subject. to the Secretary of Agri-
culture. McCabe said that he recon-
mended prosecution in 2,15o Of the cases
sent to him by DR.. Wiley. and that for
various reasons he refused to recon-
mend prosecution in $40 cases.
Representative Floyd then took up the
benzoate OF soda case in Indiana. DR..
Wiley had been asked by the authort-
ties Of Indiana to testify for the prose-
cution. DR.. Wiley asked McCabe for
an opinion whether he could be COM
PEELED to testify, and McCabe told him
he could not. Later Wiley did testify
as result OF court order.
Il will say very frankly" said Nc
Cabe, that did not want Dr. Wiley
to testify in that case"
"Why?'' asked Chairman Moss.
Because l did not want him to tes-
tify against a decision on benzoate of
soda accepted by the Secretary OF Agri-
culture"
Did you know that DR.. Remsen had
been asked by Secretary Wilson to tes-
tify in support OF the benzoate decision
at the time you advised Wiley he could
not be compelled to testify?' asked
Moss.
Yes" answered McCabe McCabe
was asked about the opinion sustaining
the legality of the Remsen board sub
mitted by him to the Attorney General
My opinion found the Remsen board
legal" said McCabe. "and the Attorney
General found II legal"
Inc cross-examination had been under
way only five minutes when the COM
mittee adjourned until to-day