Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-01-23
EXONE RATE D.
Continued from Page One,

secretary has apparently assumed
that his duties in the proper enforce
meut OF the pure food law are Judicial
in character whereas in tact, they are
wholly administrative and ministc-
rial
This miseonstrue ton Of the law is
Fundamental and has resulted in i
| complex organization within tire de-
partment of agriculture and in the
creation OF office and boards to which
have been given, through executive
order. power TO overruIe or to annul
the findings of the bureau of chem
istfY."
Charles were made during the com
mittee.s hearings that the work of DR..
Wiley and his associates WIS revised and
often rejected either By Solicitor McCabe
or by the board of food and drug inspec-
ton. of which Mr. McCabe, Or. Wiley
and Associate Chemist Dunlap We're the
members The position of Or Dunlap
was variously stated To be coordinate
with, and superior to that of DR.. Wiley,
who was supposed T. be the supreme
officer of the bureau.
The committee makes a sweeping criti-
cism of the methods Of the department.
It recommends that the chief of the bu-
reau be given the fun power which the
law suppeses him to have, over all EN-
pioyes of the bureau; that the board Of
food and drug inspection be made up en-
tirely from within the bureau of chem
istry: and that the power of the solicitor
10 pass upon the findings Of the bureau
of chemistry be withdrawn.
III Cf
discord existing in the bureau of chem
istry which has lowered the discipline.
impaired the efficiency of the service. and
has added TO the cost of administration,
says the committee. 1T will require pos
tive and we'll considered reorganization
to restore the efficient service TO which
the public is justly entitled"
l. The Remsen referee board, around
which much of the investigation conferred
last summer, is held to be legally con-
stituted, but its activities as a superVis-
ing power over the bureau of chemistry
are declared to be outside the law. This
board was created by President Roosevelt
and is composed of eminent chemists, to
whom are referred debated questions
arising under the pure food law. 1t re-
versed DR.. Wiley's findings ON benZoate
of soda: and has before it other ques-
tions which the committee declares prop
erly belong to the bureau Of chemistry.
THE secretary of agriculture seems to
have regarded the findings of this board
as conclusive in all cases over the opin-
ions and findings of the bureau of chem
istry. the tribunal which by express
terms of statute is vested with authority
to determine the questions of adulteration
and misbranding within the meaning OF
| the act" says the report.
The committee declares the board
should not be continued under the simple
authority of an executive order. to exer-
| else such control over the pure food
| law.
of such board be deemed necessary OF
advisable in the proper administration
| of the pure food law, its authority
should be expressly conferred, its scope
| and jurisdiction clearly defined, and the
| effect of its decisions declared, by act OF
Congress" says the committee
The payment by the government of the
| expenses of three members of the referee
| board who testified in the Indiana state
| cases involving the use of benzoate d
soda, is declared Ivy the committee t
have been "wholly without warrant o.
4 law -