The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-02-01
EXONERATE WILEY
OF CONSPIRACY CHARGE
Fact That Wiley and Associates
Could Not Agree on Inspection
Board Is Believed to Neces-
state Further
Inquiry.
WASHINGTON

WASHINGTON, ID. c., Special
Exonerating DIR. Harvey w. Wiley OF
tne charge or conspiracy in employ
ing DR.. h ii. Rusby, an expert chem
list, at salary unauthorized by law,
recommending the discontinuance of
the Remsen referee board, unless
sanctioned by legislative action, and
suggesting changes in the admins
tration OF the pure food laws, the
House committee which investigated
the famous Wiley cCabe contro-
Versy IN the Department OF Agricul-
ture made its report today.
The report of the committee is
unanimous. Its language is temperate
and does not go so far as some of
the adherents of Or. Wiley hoped, but
IT recommends that the Bureau of
Chemistry, headed by DR.. Wiley, be
given greater latitude in the admin
istration of pure food laws.
The report. however, does not rec
ommend the dismissal of Solicitor
George p. McCabe. alleged to have
dominated the board Of food and
drug inspection.
The House committee finds that
this board is not working harmo-
niously, and, in effect, approves the
action of the President and Secretary
Wilson in removing Solicitor McCabe
from II.
The committee sidestepped the de-
mand that Solicitor McCabe he de-
prived Of all powers IN the prosecu-
ton OF pure food cases, although it
invites Congress to inquire carefully
into better plan for the admins
tration OF the pure food and drug
laws.
The Remscn Board.
The principal criticism i'm the
committees report is directed at
the Remsen referee board, Gre
ated by legislative order of Pres
tdent Roosevelt. This board
ovexruled DIR. Wiley in several
important cases, notably the ben
zoate of soda case.
referring to the RcmSen ref
cree board the committee says,
la part;
"YOur committee cannot rec
oinnend its further maintenance
under its present status. Ii is
our opinion that a board exercis-
ing functions such as are exer-
ciSed by the referee board, its
decisions being given such far
reaching effects by the Secretary
OF Agriculture, Ought not 10 rest
on the authority of an executive
order.
III such board DC deemed
necessary or advisable under the
pure rood law its authority should
be expressly conferred, its scope
anG y'IlsUi' ton clearly defined.
anu the eject of its decisions de-
elared by act of Congress-"
The report cites the fact that the
Department of Agriculture has ac-
cepted the decisions Of the referee
board as conclusive, in preference TO
those of the Bureau OF Chemistry, of
which DR.. Wiley IL chief and which
Congress intended should determine
questions OF misbrandinE and adul-
iteration.
Demands Remedy.
The House committee also crfti-
cfscs the fact that the pure food
and drug inspection beard, COM
posed of Solicitor Mc(,She DR..
Dunlap and Dr. Wiley. have ap-
proved or but Onc-third OF the
prosecutions recommended by DIR.
Wiley.
The chief chemist testified that
In the board hiH vote was fnefTcc-
tive against those 81 McCahe and
Duntnp. On this point the
nfttec says:
AN inability 0f the board Of
food and drug inspection 10 ngtirm
approx tmately but onc-third of the
cases recommended by thc burcau
Of chemistry would suggest In
quiry and demand remedy.
The evidence diScIoseS that n
turge number of eases were prc-
pared and afterwards abaled.-
The Investigation OF the Wiley-Mc-
Cabe controversy grew out OF the en-
ployment OF DIR. Rusby at a rate
Technically larger than the per diem
for experts allowed under the law.