The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-17
Has Not Been at the Department for
Months, Having Been Confined to
His Home with Paralysis.
FORMER RESIDENT OF PERU
ASSISTANT ATTORNEY GENERAL FOR
POSTOFFICE DEPARTMENT.
Who Has Been in Washington for
Two-score Years-views of George
ID. Lockwood on the Matter.
Special to the Indianapolis Journal.

Special 10 the Indianapolis Journal
WASHINGTON March 1.-THE rumors
here that James n. Tyner, formerly of
Peru Ind. assistant attorney general for
the Postoffice Department, is directly con-
nected in any way with irregularities in a
decision affecting the ''get-rich-quick' con-
Germs, is vigorously denied by his friends
1t is unofflcially stated that Mr.. Tyner in
tends to resign, but his contemplated action
will have no bearing on the complaint
filed with the President by t. c. Campbell,
or Cincinnati. attorney, representing
several of the turf concerns, whose affairs
recently have been aired in the courts.
A hearing will be held before Fourth AS
slstant POSTMASTER General Bristow to-mor-
row on the charges. Daniel V. Miller, of
Terre Haute, Ind, is connected with the
division having to do with fraud orders.
Mr.. Miller, who is the fraud order clerk,
IL Is understood, is in no way involved in
the charges made, and it is not believed he
will be examined, except as a witness in
the investigation that has been ordered by
the President The only connection Mr..
Miller has with the case lies in the fact
that he handled the mail of the concerns
involved, just as he does all the routine of
eral Tyner the whole case probably will
come TO an end. The Post says to-day:
MIR. Tyner is incapacitated by illness
from performing the duties of his Office
and it is said his resignation will be re-
quested solely on that account Mr.. Tyner
Is ~ years old and suffered a stroke of
paralysis last July and in December had
relapse. Mr.. Tyner denounces as alb
surd and ridiculous the charges that there
was Wrong-doing In connection with decis-
ha iglnt of
turf investment companies TO use the
mails. The matter, he says, was taken up
on the report OF an inspector and disposed
OF as hundreds of other cases are. No evil
dence was submitted with the inspectors
reports showing that the concerns were
either lotteries or frauds, and under the
terfere."
The Post also says that Mr.. Tyner adj
mitted yesterday that Harrison ]. Barrett,
his nephew by marriage and formerly his
assistant in the lazy division of the Post
office Department, against whom charges
had been filed with view to his disbar-
ment from practice before the departments,
had represented as an attorney one of the
turf investment concerns in the matter of
mail privileges, but he said il was after
Barrett had severed his connection with
the department. He also said Barrett had
rendered legal services to a number of the
bond investment companies" as to the
legality of which the latter had written an
official opinion, while still in the Postoffice
Department. This service also was rem
dered after Barrett had left the depart
ment The opinion prepared by Barrett de-
clared that the bond concerns, as organized,
were in violation of law and not entitled
to mail privileges, but to the opinion was
attached an appendix, stating that by GER
tain changes In their bylaws and in the
wording of their literature, they could be
admitted to the mails. This appendix, Mr..
Tyner said, was not written by Barrett,
but by Postmaster General Smith. The
than five hundred of these concerns, and
the capital involved was estimated at $780,
100000 1t was the opinion of Mr.. Smith
and other officfalS of the department that
the business should not be crushed out if il
could be made legal. and such an eminent
lawyer as John CT. Carlisle had appeared
before the department in behalf Of the con-
Germs.
]. l.. Bristow, fourth assistant post
master general, has been instructed to
thoroughly investigate the charges made
by Attorney T. L. Campbell. Mr. Bristow
will not discuss the matter at all. except
to say that the investigation will be a thor
ough one and will probably extend over
period of several weeks. Mr.. Bristow had
charge of the investigation of the Cuban
postal frauds and has established a repu-
tation for thoroughness in his work. Mr..
George A. Christiancy, who has been act
ing assistant attorney general for the Post
Office Department for some months. also
declined TO discuss the case. He said he
would welcome an investigation of his con-
nection with the department and would do
all in his power to aid Mr.. Bristow in such
inquiry as he may desire to make.
Harrison j. Barratt, who has figured
prominently in all of the recent cases be-
fore the department. has no connection
with the government service. He was en-
ployed some years ago as assistant in
the legal branch Of the postoffice work.
but has been out OF the service several
years He is a nephew by marriage Of Mr.
Tyner- He has not been to the Office for
several months, and has taken no active
part in the work of the department since
last July. Mr.. Tyner has served in the
Postoffice Department, as a clerk, as post
master general under President Grant as
assistant postmaster general in three adj
ministratfons and as assistant attorney
general for the Postoffice Department un-
der two administrations.
officials of the department call attention
to the fact that the attorney general for
the department has been greatly restricted
in his issue of fraud orders by a decision of
the Supreme Court in case brought from
Nevada, Mo- Prior to that decision the
Postoffice Department issued fraud orders
when an investigation had convinced the
officials of the department that the mails
were being used for the purposes of fraud.
In the Nevada case the Supreme Court
made a specific ruling that fraud must be
shown conclusively before any person or
Arm could be deprived of the privilege of
using the mails Since that decision the
department has been unable to issue fraud
orders until indisDutable evidence of fraud
has been secured against the offending
parties