New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-08
TOOK DR.. WILEYS POWER
McCabe Admits Writing Order IN
Pure Food Fight.
MANY TILTS AT HEARING
Counsel to Chemist Presses De-
partment Solicitor About
Activities.
From he Tribune Bureau. ]


Washington. Aug 7-Admittins that ne
had drafted General Order No. lD. which
made the Solicitor rather than the Bureau
OF Chemistry virtual dictator or what
prosecutions should be undertaken under
the pure food law. and also that he had
framed the language IN the appropriation
act authorizing the change. George z. NC
Cabe. Solicitor Of the Department o, Asri-
culture. underwent another siege OF cross
examination before the House committee
investigating the DR.. Wiley controversy
to-day. Tits between the Solicitor and
Henry E Davis, personal counsel for DIT.
WILEY. were frequent, and the Democratic
investigating committee seemed 10 enjoy
immensely the airing OF the McCabe-Wiley
feud az II Is now called.
Solicitor McCabe declined 70 express any
regrets for the call down" he had given
the chief chemist in a letter written Janu-
AIRY % 1910. IN which the Solicitor had prac-
tically demanded that the Bureau OF
Chemistry should proceed against the
manufacturers and vendors OF various
"cure-alls," alleged 10 have been mis-
branded.
Mr.. Davis inserted In the record the de-
clson OF the Supreme Court IN the john
son case. which held that the existing pure
food and drug act die not cover rnisorand-
ing OF medicines as TO curative properties.
Mr. Davis also asked the committee 10
note that Mr.. McCabe kept after DIT
Wiley after the lower court had so deter
mined. but before the issue was nnaiy
fought out IN the court OF last resort
'T think my course with regard to the
natent medicines has been thoroughly con-
sistent." said Solicitor McCabe. Prior 10
the final Johnson decision wanted action
against these patent medicine people
When the decision was rendered I went
Immediately 70 the Secretary and asked
him 10 take up with the President the ques-
ton Of amending the law so that It would
reach these nostrums. 7 understand the
Secretary did so. and the President mas
since sent a message 10 Congress ASKING
that the pure food law shall be amended.
who drew General order No. 10 in the
Department Of Agriculture giving you sole
authority 10 recommend prosecutions under
the law. an authority formerly exercised
by the majority OF the pure food inspection
board7" demanded Mr.. Davis.
81 did" answered NJ. McCabe.
And who drew the Language in the ap-
p-oprtattou bill making such a change as
contemplated IN the order possible?
II did" said Mr.. McCabe. and from that
point Mr.. Davis launched into a rigid
Discrimination 10 show the supposed
strained relations between the Office Of the
Solicitor and the Bureau OF Chemistry.
Mr.. McCabe said DR.. Wiley, explaining
that he did not want to antagonize Score
tarv Of Agriculture Wilson. who had over
ruled him on the Remsen boards advice.
had written 70 him that the Indiana au-
thorities wanted 70 take the dispositions or
himself and his assistants who had CON
Quoted the poison squad experiments from
which they determined that benzoate Of
soda was a harmful preservative IN food.
McCabs expressed the opinion that Wiley
and his associates could not he summoned
as experts.
The extent to which the department Of
fcials participated In the defence of ben
zoate OF soda as a food preservattve in the
State OF Indianas suit two years ago
against manufacturers who continued 20
use II IN their products was shown In part.
II will be more thoroughly developed TO-
morrow. Former Attorney General James
Bingham and State Food Commissioner II.
4 Barnard. OF Indiana, will testify to-mor-
row. along with F. ". Robinson. Of Michi-
gan. 2 chemist employed IN the federal
Bureau OF Chemistry here. Robinson. who
testified against benzoate OF soda in the
Indiana cases, IS said 20 have been dis
missed ny the Department OF Asrtcultur.
without a statement OF cause. NJ. Bling
1arT he
wrote stating that Wiley and his assistants
were not wanted for their expert opinions
but 20 testify 70 the facts OF the poison
squad experiments, a subject for which DIT.
Wuevs counsel declared they were not
exempt from summons
M McCahe admitted that before the
National Convention OF State Food and
Dairy Inspectors IN Denver, IN 1910. he had,
or an official trip through several states,
interviewed every man l could get at
and told him 10 come 20 Denver and up
hold the departments ruling" This cam
paign 10 secure an Endorsement OF the anti
Wiley ruling from the national gathering,
Mr. McCabe said, was fully justified be-
cause the manufacturers VINO did not use
beuzoate OF soda In their foods were max