The Washington times., 1911-08-21
Continued from First Page.)

this hearing business was turned over
to the board.
IT sit with it, and preside. when ]
I'm cases Of rehearings we have before
US the people who are interested. We
have go and odd local laboratories scat
tered about the country for the con-
venience of the people; they are au'
and forward their findings of fact tc
US to be passed upon. They may rec
ommend. but the decision is with me
and unless there Is unusual commotioI
over a particular case, the food and
drug board, for me, settles II.
II look to see II a recommendation OF
this board is signed by a majority OF
its members. II so, 1 approve It. There
is no other way to do; We have too
much business"
Bureau of Chemistry. as you regard it,
asked Mr.. Floyd.
well, really, It is." was the reply.
You must understand that the eSecu-
ton of this law was big task petore
lis when It was first passed. We con-
sidered what other countries had done.
The British had named a commission
to hear II animal Tuberculosis was a
menace to humanity. That was ten
years ago. 1t has Just reported. and
trates that these inquiries take time.
Pacific Coast Case.
"In 1907 / found a great commotion
on the Pacific coast The fruit raisers
and preservers complained that they
had a $10.0OO.00c industry that was
by IN order that they must
use only a limited proportion Of sui
phur in preserving and drying. The
Eastern dealers would not take the fruit
in this form. fearing it would spoil.
We'll, 1 had issued that order; but
on hearing all sides, l said. I don't
think Congress intended to destroy your
business. Wen know better about this
by and by; meanwhile, till we can learn
the merits, l will have no more Of your
goods seized, and you can go ahead
in the old way. I'll send a chemist out
here, you folks can name good one
to represent you; they shall Investigate
and report, and meantinIIne the older
order will be suspended.
Before those chemists reported, the
referee board was created; Mr.. Roose-
Velt and myself agreed IT was needed.
This was only one case OF the necessity
Of a conclusive scientific decision. New
Orleans sugar and molasses producers
were afraid they'd have their business
ruined; and so on
Roosevelt Picked Board.
1t developed that President Roosevelt
did the real business of organizing the
Remsen board; wrote college presidents,
and finally named the entire board, with
just one exception, as nominated by DR..
Remsen, the chairman.
II appointed them, as the President
told me to do," added the Secretary,
and l have no reason to doubt the de-
Of the action. l told them
nobody would interfere with or restrict
them: nobody but 1 or the President
could. 1 never doubted the legality Of
the boards creation"
IF the referees and the board OF food
and drug inspection disagree about the
of an article, the board
finding 1t harmful and the referees find
ILg it harmless, is there any way to
get a case into court to decide which is
-ight?" was asked.
Il can't answer as a lawyer, but we
would enforce and abide by the decision
Of the referee board. If 1t so decided,
we would stop prosecutions.
Both these boards-referee and food
and drug inspection, were created by
executive order"'
Yes"
While the Bureau of Chemistry is
created by law"
Yes
Subject to Executive Order.
Mr.. Moss suggested then that the
powers of the boards could be reduced
Or increased by Executive order, while
hose of the Bureau Of Chemistry could
not be. The Secretary presumed that
was true. He said the provision for ap-
oointment of experts. assistants. etc,
was in all the appropriation acts since
9O6. Under that authority" he said, Il
got orders from the President whom to
appoint, and appointed them. The func-
tons, in general, of these boards are de-
fined by Executive orders, and can be
educed or increased by Executive or
Ter.
The functions of the Bureau Of
Chemistry are fixed by law; but let me
ell you"-and here the Secretary point
ed straight at the questioner and be-
anne Vigorous-'when l came here, that
bureau had eighteen people and spent
;30, 900 a year; now IT has 500 people and
'pends near a million. Its growth re-
Is administrative discretion. and such
hing as common sense, and they must
,e employed"
IF the food and drug board makes a
iecision conflicting with the three Sec
etaries, which rules?" asked Mr.. |
Moss.
THE three Secretaries, of course
Then Mr.. Moss wanted to know about |
he sulphur dioxide case. in which DR.. |
Wiley testified that the three secrtaries |
orbade its use, and the food and drug |
'oard reversed this and allowed it to |
e used. DR.. Wiley wanted the order !
4 the secretaries adhered to. and said I
Ie wrote the Secretary of Agriculture |
skiing a hearing. but never got a reply. |
Says He Answered Wiley.
We'll" declared Secretary Wilson |
1gorously, 81 did answer DR.. Wiley, |
nd I have my answer here. I re-
eived his letter. and on January 49, |
go, answered it. I said that I would |
consider his protest, and to do so would |
meet the food and drug board any