Evening star., 1912-01-22
House Committee Acquits Him
of Any Wrongdoing.
McCABE is TOO DOMINANT
Committee Would Curtail Powers of
the Solicitor.
POINTS NEED OF REFORMS
Fault Found With Entire System of
Administering Pure Food Act.
Report Is Unanimous.

Dr. Harvey w. Wiley and his associ,
held mot guilty" of conspiracy to
evade the law in a unanimous report
made to the House today by the com
mittee on expenditures in the Depart
ment of Agriculture. which last August
conducted an investigation into the
charges upon which President Taft was
asked to dismiss the nations chief
chemist from the government service.
Not only does the committee absolve
DR.. Wiley from wrongdoing in connec-
tion with the employment of DR.. II. IL
Rusby of New York as an expert at a
technical rate of $40 day. but it at
tacks in temperate, measured terms
the whole administration of the ma
tional pure food law, suggests that the
Remsen or referee board should not be
continued as at present. but that. II
necessary 1t should be created by act
of Congress and not depend for its ex-
istence upon an executive order
The payment by the defendant OF the
cree board who testified at Indianapo-
lis in opposition to the bureau ol
chemistry's decision with reference to
the harmfulness of benZoate of soda Is
declared to have been without authori-
ty of law: the power exercised by So
licitor McCabe. DR. Wiiey's chief &C
cuser, is described as too dominant
the discord in the bureau of chemistry
is declared to have impaired the ef-
ficiency of the service or added to the
cost of administration" and Secretary
Wilson is mildly criticised for having
assumed judicial rather than an ad-
ministrative attitude in enforcing the
pure food law.
Report Is Unanimous.
The report is signed by the entire mem
bership Of the committee, republicans and
democrats alike.
The so-called Wiley investigation arose
from the charges made in the Depart
ment Of Agriculture that DIR. Wiley. DR.
w. D. Biglow and DIR. l.. F. Kebler, all o.
the bureau of chemistry, had secretl,
arranged with DIR. III. n. Rusby OF New
York SO that the latter need work onl,
eighty days i'm the year for an annua
salary of $1.G00. This was declared t.
be a deliberate evasion of the establish
ed limit of 30 per day.
"Your committee" says the report, IRE.
CARDS the Wiley investigation. so called
only an incident in its broader inquiry
into the organization and administrative
routine Of the bureau of chemistry and
OF the referee DOar0.
1T is the opinion of the committee that
the Rusby contract is Of doubtful admin
istrative policy and should be held to be
invalid. We fail to find from the evidence
in the whole case that there existed any
secret agreement or that the terms o'
compensation or rates to be paid DR.
Rusby were withheld from the Secretary
designedly or otherwise. 1t appears from
the testimony of DIR. Wiley that the rates
of DIR. Rusby's compensation were ex-
planned to the Secretary and the reasons
therefor given at the time of his APP
pointment. We therefore find from the
evidence adduced that the charges of
conspiracy have not been established, but.
on the contrary, that the accused officials
were actuated throughout solely by a
desire to procure for the bureau of chem
istry an efficient assistant i'm the person
of DIR. H. II. Rusby, under terms and
conditions which those officials believed
to be in entire accord with the rules.
regulations and practice of the Depart
ment of Agriculture"
Legislation Recommended.
The report discusses at some length the
conditions which resulted i'm the row over
the Rusby contract.
Under the practice of the department.
it is explained, .'the compensation of ex-
pert witnesses is made by special con-
tract between the solicitor and the expert
without regard to any definite limit set
by Congress. The record shows that such
witnesses have been paid as much as
$1,000 for attending a trial and giving
evidence for several days or a week The
disadvantage of pr. Wiley in the matter
Of securing witnesses and paying them
proper compensation comes from the order
of the Secretary of Agriculture assigning
to the solicitor the duty of fixing the
n
been chosen by DR.. Wiley. In one in
stance Solicitor McCabe declined to sane
ton the payment of $50 per diem to DR.
Rusby an expert witness, and DR.
Rusby refused to accept a lower rate
Hence arose the deadlock. Your com
mittee is OF the opinion that Congress
should enact legislation which will define
the qualifications of experts and regulate
their fees and compensation, which will
remedy the disadvantages and difficulties
arising under the present practice.
1T Is the opinion of your committee
that a change of form Of voucher, by
which payment is made to these eX-
perts. will be in the interest of good
administration. Under present practice
Of the department it is practically i'm
possible for committee In making an
examination of the expenditures of the
department to ascertain the rate per
diem of payment to expert witnesses.
even though the original vouchers
were to be called for and read. 1t
should be stated on the voucher the
rate of compensation and duration of
service so that an examination of the
voucher will readily disclose the actual
rate of compensation and the total eX
pense account included in the pay
ment."
Discord in the Bureau.
With reference to conditions i'm the
bureau of chemistry, the report says.
THE hearings before your committee
disclosed a condition of discord exist
ing in the bureau of chemistry which
has lowered the discipline, impaired the
efficiency of the service and has added
to the cost of administration. These
conditions have not been
occasioned by the execution of the
Rusby contract under which only,
s20O.S3 was disbursed, and it will re-
uuire positive and we'll considered re-
to restore the efficient
service to which the public is justly
entitled That this conclusion is shared
by President Taft is evident from the
following passage in his letter to Sec
retary Wilson, in disposing of the
charges of the committee on personnel
in relation to the evidence adduced be-
fore your committee. The President
says:
Further consideration satisfies me
that there are very much broader ques-