Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-07
|SEAL HEARING ST|RS TOOK W|LEYSPOWER
Mr.. Bowers and Mr.. Town. McCabe Admits He Effected
send Clash. Transfer of Authority
WROTE ORDER HIMSELF
Solicitor Acknowledges He Went
Over Chief Chemists Head.
HEARD BY HOUSE COMMITTEE
Further Evidence of Ill Feeling Be-
tween Department Officials Il
Adduced by Letters.

Solicitor McCabe OF the Agricultural
Department admitted today, under the
gr1lling of Henry f. Davis before the
House committee on expenditures In the
agricultural Department, that he wrote
the paragraph contained in the appro--
pr1ation act which became effective July
1. le1o. which transferrd to him all the
legal duties OF the department. and that
ne also wrote the famous general order
l4o' issued by Secretary Wilson, through
which he absorbed all Of DR.. Wiley's
power to enforce the food and drug act.
1oday's hearing was replete with in.
teresting and significant admissions bv
solicitor McCabe. He frankly told the
committee that in 1910, prior to the Den
Yer convention OF the association OF state
dairy and food consumers, at which il was
known the benzoate OF soda question
would be discussed. he travelled
through the northwest at the expense of
the government. interviewing prospective
delegates to that convention, and urging
them to support the decision OF the Rem
ment in the soda controversy.
The solicitor also admitted that two
months before he had employed, with
Secretary Wilson's authority. and without
DR.. Wiley's knowledge. a man to collect
samples OF 'cure-alls' sold in the Dis
trict. which he had made the basis OF
a sharp letter to the chief OF the bureau
of chemistry on the ground that the man.
ufacturers and venders OF these remedies
should have been prosecuted He acknowI-
aIe Ia leo, I,-I H.
head in another case. This was the SELF
ure. by the solicitors direction. of sew
ersl cases of Heinz India Relish on the
ground of geographical misbranding. Mr..
Davis, counsel for DIR. Wiley. brought
out before the committee today that the
Heinz firm has persistently opposed the
in food products. or. In other words, was
in complete agreement with Dr. Wiley
and the bureau OF chemistry on this point
The Remsen board and the Secretary OF
Agriculture held the use Of the drug In
small quantities to be not harmful.
McCabe Reproved Wiley.
The committee seemed exceedingly in
terested today in Solicitor McCabe's ad-
mission that, with respect to the thirty
three '.cure-alls'' which he reproved Dr.
fact. under the Johnson decision by the
Supreme Court, prosecutions could not
have been maintained.
When the examination of Solicitor Nc
Cabe by Attorney Davis was resumed to-
day before the committee Mr.. Davis pro-
duced another letter from McCabe to Dr.
Wiley which afforded additional evidence
OF the ill-feeling between those two gen
tlemen
This letter referred to DR.. Wiley's re-
ply to the solicitors communication wItn
reference to the thirty-three drug sam
pies purchased in this city, reproyinv the
chief chemist for not going after them
In this letter to DR.. Wiley the solicitor
says ne notes with alarm and surprise
Dr Wiley's statement that there are
Io,oOO remedies In the United States sim
liar to the thirty three purchased in the
District under McCabe's direction.
can scarcely credit your statement
that there are 1900 such remedies
says McCabe, who goes on to ask DR.. vi
ley II his statement to that effect is
made advisedly and is correct
10 You know, continues the McCape
letter, that there are not in this coun-
try 2o.0oV remedies of this character?
Mr.. Davis asked the solicitor what au-
thority the solicitor had for practically
accusing DR.. Wiley of untruthfuness.
thought he must have known bet
ter, Mr.. McCabe replied
Ihen, said Mr Davis, you felt justi
ned IN spite of DR.. Wiley's statement IN
suggesting that he must have been say
ing something not true"
My letter speaks for itself" the So
1citor answered. He insisted that hls
entire Letter to Dr. Wiley be read ami
not isolated extracts from il.
Did His Duty as He Saw 1t.
This was not my first communication
to DR.. Wiley on the subject he said
'If on led
there were remedies on the market
claiming to cure complaints generally
supposed to be incurable. l thought
some Of the misbranded articles should
be driven off the market instead of de-
voting attention to minor infractions
of the law. / considered it my duty,
so far as / could bring it about, to Sc
cure action along that line"
Mr.. McCabe then referred TO the deci-
sion of the Supreme Court in the John
son case which has the effect of practi-
cally forbidding prosecutions or remedies
for which impossible claims are made ia
connection with their therapeutic proper
ties He said he had asked Secretary
Wilson to recommend to the Presiden;
the necessity for an amendment to the
food and drug act to cover the situation
developed by the Johnson decision.
Il consider" said the solicitor that :
my record in this matter is absolutely
consistent
The letter referred to from McCabe ,
to Wiley wound up with threat that
if the chief chemist didn't make an
statement as to what he
proposed To do in going after the
remedies that McCabe considered mis-
branded the whole matter would be
brought to the attention of the Sec
Was that letter written after the
act placing all the legal work of the
department in your hands was pass