Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-05
M'CABE REAL POWER
Continued from First Pase)
return OF the cost OF tho remedy X
the patient didn't recover.
Sarcastic in Letter.

Sarcastic in Letter.
This letter furnished the best evidence
yet adduced OF the fact that relations
between DR.. Wiley and McCabe were
much strained at the time The
solicitors letter was full OF such ex-
pressions as ARE you so credulous as
to believe" and have you no suspicion.
and wound up with the following:
AS chief OF the bureau OF chemistry
you have control over the inspectors OF
the department and the other force OF
the bureau of chemistry, and the board
OF food and drug inspection can consider
only those cases which are ba sed on
samples collected and examined by the
bureau OF chemistry and brought to the
attention Of the board by you.
Why ts it. now that the food and drugs
act has been in force more than three
years. that drug articles OF the classes
listed above land there are doubtless
many more Of them) are allowed unre-
Capitol and no effort is made by the bu-
reau of chemistry TO collect and present
to the board Of food and drug inspection
evidence on which prosecutions may be
directed against the parties responsible
for these open, notorious and fragrant
violations of the law?
Il can proceed with more enthusiasm,
and | am satisfied that the United States
same view. against the manufacturers
and vendors OF medicines which are guar
anteed TO cure all the ills to which hui
mainly is heir, and the sale OF which 10
predicated on the suffering and creduity
of prospective purchasers. than I can in
cases based on the findings of the bureau
of chemistry that a hlvoring extract Is
deficient In strength by one-tenth Of one
per cent OF c.tral The board has been
deluged with cases OF the Latter charac-
ter. but drug cases have been rare.
Agreement Is Alleged.
1T may be true. as DR.. Rusby. one OF
the employees of the bureau of chemistry.
wrote to President Roosevelt, although
have no information to that effect. that
the chief of the drug laboratory OF the
bureau Of chemistry had an arrangement
with the manufacturers and vendors OF
drugs in the United States by which no
prosecutions were to be had for GER
tain length Of time. and an endeavor was
to be made to induce the manufacturers
and vendors Of drugs and medicines to
conduct their business within the law
without prosecutions.
The Secretary Of Agriculture and the
board of food and drug inspection have
no knowledge Of any such arrangement.
Even IL such an arrangement was en-
tered into by the chief Of the drug labor
atory, II seems that II is now high time
SCiIle VI THESE pcOpic WIN oil PeiciSt-
emily and lagrantly violating the law to
be hailed into court and made to answer"
The letter closes with a threat from Nc
Cabe to take up the matter with the
Secretary Of Agriculture unless Dr. Wiley
got busy at once.
1t would seem. from review of tho
facts, that DR.. Wiley, although his busi-
ness is that of chemistry, knew more OK
the law in this case than did the solicitor.
Of the department, for lawyers consider
ho thirfv-fhroa tons to
which DR.. Wiley's attention was called by
McCabe were pretty certainly protected
from prosecution by the opinion OF the
Supreme Court OF the United States in
that prosecution for misbranding could
not be based upon claims as to tfe
therapeutic properties Of drug or
preparation.
Didn't Advise Associates.
Taking this letter from McCabe to
Wiley as the basis for his cross-examina-
ton, Mr. Davis forced the witness to adj
NIT that although he says in the letter
referred to that he collected the thirty
three drug samples casually. in
reality he induced Secretary Wilson to
employ a man named Daggett to gather
them.
Did your associates on the food and
drug inspection board know of your az
ton in doing this" Mr. Davis asked
Il don't know" said Mr. McCabe
Did you tell them?" insisted Mr..
Davis.
No" relied the solicitor.
Then" continued Mr.. Davis, express
ing some astonishment, will you repeat
that YOU don't know whether your as
sociates knew it or not?'
Solicitor McCabe insisted again that
he didn't know for sure, although he ad-
mitted he hadn't said anything to Dr.
jact hut had
DR.. Wileys head and secured the APP
pointment by the Secretary of the man
Daggett to collect the drug samples.
about which he took DR.. Wiley to task
The committee adjourned at noon ana
will meet again at 10 O'Clock Monday
morning, when Mr.. Davis Will continuc
his characterization OF Solicitor Nc
Cabe.