The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-01-22
WILEY IS CLEARED
OF CONSPIRACY
BY LAWMAKERS
Moss Committee Unanimous
in UNFOLDING Pure
Food Expert.
CONTINUED from First Page

ture, though they be issued I'm obedi-
'ence to the suggestion of the President
OF the United States"
Hold Contract Invalid.
The committee finds that the Rusby
contract Is of doubtful administrative
policy and should be held invalid, but
II, fails to find that any secret agree
ment existed between Bureau of Chem
istry officials and DR.. Rusby. The de-
tails of the contract, says the report,
were explained to Secretary Wilson
and the necessity for the increased COM
pensation duly outlined.
Referring to the charge of the board
of personnel that DR.. Rusty, DR.. Bige-
low, DR.. Kebler. and DR.. Wiley had
made a secret agreement to pay the
New York chemist an illegal rate. the
committee reports says:
I'VE find. from the evidence adduced
that the charges of conspiracy have
not been established, but, on the con-
trary, that the accused officials were ac-
tuated throughout solely by the desire
to procure for the Bureau of Chemistry
an efficient assistant In the person of
DR.. II. II. Rusby under terms and con-
be- in entire accord with the law, regu-
iatiOns, and practice of the Department
of Agriculture
Referring to the practice whereby the
compensation to be allowed such ex-
perts as may be selected by the Bureau
of Chemistry. the House COMMITTEES
recommends:
that Congress should enact Legislation
which will define the qualifications of
experts and regulate their fees and
compensation The report also sug-
gests that the practice of paying for eX-
pert services by lump sum- vouchers
should be abandoned.
Discord In Bureau.
The, House Investigators say. that
the Rusby contract controversy was
but incidental to the broader scope
later taken by the investigation. The
committee says that 1t found con-
dition Of discord existing in the Blu
reau of Chemistry, which has lower
ed the discipline, impaired the eff
cheney of the service and added to
the cost of administration
The committee verdict quotes from
President Tafts decision in the Wiley
case. in which the President said
there are very much broader ques-
tons involved in the investigation
than in the present charge, Which is
narrow and can be properly disposed
The report continues a
THESE broader questions, in the
judgment Of your conanittee4 simply
stated, arelthe proper interpretations
OF the PROVISIONS Of the pure food
ministration. This will involve re-
view of the general policy of the Sec
rotary in relation to the administra-
ton of the law and a discussion of
the respective powers and duties
which are assigned to the Secretary
of Agriculture, the Bureau of Chem
istry. and the Federal judiciary,
under section four of the law"
Leading Of
Remsen referee board by Executive
order, the Moss committee cites the
testimony of Secretary Wilson, in
which he explained that vigorous
protests of Pacific coast business men
and fruit packers had inspired the
creation of the referee board, or a
court of higher review, for pure food
decisions.
Does Not Question Wilson.
Thus the administration of the law
began with a policy of negotiation and
compromise between the Secretary and
the purveyors of our national food sup
plies" declares the report The COM
mittee says 1t does not question the sim
certify Of Secretary Wilson, whose long
career at the head of the department
has been Of signal service, but it rather
deprecates the fact that from the be-
ginning the Secretary has assumed that
his duties in the enforcement of the
pure food law are judicial, whereas they
teriaL
This misconstruction Of the law is
FUNDAMENTAL the Moss committee
says. land has resulted in a complex
organization within the department, in
the creation of offices and boards to
which have been given, through Execu-
tive order power to override or annul
the findings Of the Bureau of Chemis-
The delegation of power by Secretary
Wilson to the board of food and drug
Inspection, the committee finds, has
been the cause Of the chief difficulties
in the administration of the pure food
law. Under its commission this board
Is given authority to abate the findings
of the Bureau OF Chemistry, and thus
prevent cases being certified to the Fed
eral courts for prosecution.
The report quotes DR.. Wiley as haV-
ing testified that, in effect, his hands
were tied by the two other members of
the board-Solicitor McCabe and Dr.
Dunlap-who generally voted together
and against the chief chemist The
report continues:
Would Demand a Remedy.
1T is submitted by he committee that
the inability of the board of food and
drug inspection to affirm approximately
but one-third of the cases recommended
by the Bureau of Chemistry would sug-
gest inquiry and demand a remedy"
The cost of preparing cases abated
by this board, the committee states, has
been no less than 81, 1870, 7S4, which leads
TO the belief that either too many cases
were prepared by DR.. Wiley and his bu-
reau or that too many cases were
abated by the board Of review.
The pertinent suggestion is made that
the inspection board should consist of
the chief chemist and two associates
within the Bureau of Chemistry, sit
ting with equal power as board MEN,
bers.' The report criticises the APP
pointment of DR.. +. l.. Dunlap as
associate chemist" quoting DR.. Dun
laps testimony that he was neither
under nor above DIR. Wiley" in author
ity. The vesting of two persons in the
same bureau with so nearly Independent
and coordinate powers the committee
believes unwise. This anomalous con-
dition, the Moss committee suggests
should be rectifed.
While the committee declined to take
such a direct slap at Solicitor McCabt
as to recommend his dismissal because
of alleged obstructive tactics in pure
food matters. the report does condemn
general order No. 40 now famous as
the departmental proclamation which
gave McCabe PRACTICAL dictatorship in
pure food prosecutions.
This order, the committee points out
gives the solicitor special control over
Caaea nrqnared for DreSentment N TN,