Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-08-02
Challenged in 1909.

hC IttHlScH Dodlu icSdIty !" dS
lenged early in 1909, and the Attorney
General had referred the matter to Fow-
ler Where the Fowler opinion came from
was not made public. The committee
gave it to the Attorney General, who
certified il and returned it to the COM
mittee today. saying:
'1 do not know from what source you
procured the paper which you have
handed me, but | have had 1T corrected
to correspond with the original, and
have certified it and return it here
with. / should add that this is one OF
several memorandums which were pre-
pared for me by other attorneys con-
nected with this department and with
the Department of Agriculture, all OF
which / took into consideration in ar
irving at my opinion.
The referee board is headed by DIR. Ira
Remsen. president of Johns Hopkins Uni
versity. al Baltimore. The Fowler menl-
orandum, never indorsed by the Attorney
General, directly contrary to the iatter
subsequent opinion. specifically held tha'
the pure food and drugs law contains
no authority for the board nor 1or pay
-nent of the members from the chemistry
bureau funds; that its duties and powers
given were such that food and drugs oe-
cisions were virtually taken away from
the courts where their final adJuotcatlon
should be and that the boards existence
is Inconsistent with law.
The examination of DIR. Remsen was
begun today the Fowler opinion forming
the basis of much of the questioning.
Not Authorized by Law.
The suppressed report of Assistant At
torney General Fowler says, in part:
Il do not think that the Secretary of
Agriculture was authorized by law to en-
ploy these scientific experts TO be paid
out of the fund named. do not think
that the appropriation out of which these
gentlemen are being paid for their serV-
ices is available for that purpose.
The assistant attorney general then
quoted the convention of the Department
of Agriculture that the lump sum appro-
priation for the bureau of chemistry ana
the law give the Secretary general au-
thority TO employ such assistants, clerks
and other persons necessary.
The appropriation for the bureau OF
chemistry. continues the discarded
Fowler report, was divided into two
subheads. one covering the salaries
for the bureau of chemistry and lab
oratory departments for the Depart
ment Of Agriculture. The total appro-
priation for that year was s697.92O
which is the total amount under both
subheads and which conclusively
showst that the entiSe appropriation
was made to be used in connection
with the bureau of chemistry.
Careful reading of the Secretarys
letter fans to disclose that any part
of the work performed by this board
of referees was done in connection
with the bureau of chemistry, in fact.
II Is apparent from his letter that they
were not acting under the supervision
or even in concert with the bureau of
chemistry, but rather in antagonism
thereto
Since. therefore, the work of this
board is entirely independent. the bu-
reau of chemistry having no connec
tion Herewith. and since the appro-
priation mentioned by the Secretary is
made as stated i'm the act of the bureau
of chemistry. | do not see how this
fund can be legitimately used in pay
ing them for their services and the eX-
penses OF their Investigations
Quoted From Congress Records.
Assistant Attorney General Fowler
quoted from the debates in the House and
Senate, when the pure food act was
passed, in support of his claim that Con-
gress never intended that there should be
referee board. 1t was the intention of
Congress, said Fowler, to have appeals
taken TO the courts. if there were TO be
appeals and Mr.. Fowler informed the
Attorney General that the referee board
estCpped all court proceedings and really
made the Remsen board court of last
resort. which was contrary to law.
+ Notwithstanding my belief that a head
I of a department should be allowed free
I hand in controlling his affairs. continued
the assistant attorney general. yet from
legal standpoint find myself unable to
concur in the view of the Secretary as to