Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-04-25
Attorney General Knox Says
Papers Stolen Must Be
Proved Not Private
IT'S A DlFFucuLT PROPOSITION
Mrs. Tyner's Coup Seems to Have Put
the Postoffice Investigations in a
Hole TemporariIy-Tyner Still Firm
in His Refusal to Show the Docu-
ments Taken From Safe.

Washington, April 25.-Attorney
General Knox today expressed the
opinion to Postmaster General Payne
that unless there is something to show
whether the documents taken from the
safe by Mrs. Tyner are government
property or private papers, no case
would lie.
This statement was made after Mr..
Knox had gone over the papers for
warded to him by the p%ostoffice depart
ment. Mr.. Payne replied by stating the.
the papers and the fact that most of
the papers filed in such government
safes are OF u confidential nature and
therefore not of record. There will be
a conference tomorrow between Mr..
Payne and Mr.. Knox. The position
taken by the postoffice department now
is that it has done all that is possible
to establish the facts in the case; that
the improperly of the act is of equal
importance to the nature of what was
taken n that n further steps rest
with the department of justice. 1t is
known by the postmaster general that
the safe from which all the papers were
taken has contained valuable official
papers at various times and that Mr..
Tyner has SO stated. 1t is not known.
however, whether any such papers
were in the safe since Mr.. Tyner last
had access to 1t.
Attorney Rose Pray of this city,
porpcal fD,. tho TfunnrS nn11pH on rho
postmaster general subsequent to his
interview with the attorney general.
He old the postmaster general that the
Tyners would be glad to have the post
master general or any representative
of his department look over the papers
at the Tyner residence. Mr.. Payne
talked with Mr.. Pray at some length
and pointed out to him hat the Tyners
were given an opportunity Immediately
after the papers were taken to ope
them in the presence OF the officers
Of the department n had refused to
show them or to indicate to the gov
eminent representatives even the nat
ure Of the papers. Mr.. Payne was
asked subsequently If he declined Mr..
Pray's proposition, but said he could
not discuss that phase of the question.
1t may be stated as The departments
attitude, however, that 1t will not give
much weight to any papers that are
returned and that it is unlikely any
further serious effort will be made to
E%Ieeover the papers in view of the fact
that there is no way of showing wheth-
er any papers returned were the mes
actually taken. Postmaster General
Payne said last evening: IF there
were conclusive evidence that all the
documents taken away would be shown
that would be one thing, but the fact
that these papers that were taken have
been out of the possession of the de-
partment for three days is another
thing. II there was any motive to tax
the paper or any intention of doing
away with them. there has been ample
time to do it. Whether the papers were
private or not. the improperly of the
act is apparent, to say the least. /
regard it as quite as improper to take
from a safe in a government Office the
private papers of General Tyner or Mrs.
Tyner or anybody else in HI manner
that those papers were taken, as to
take any other papers. The impropri-
ETY. of the act itself is sufficient to re-
move any officer of the government
Mr.. Payne said that he was not con-
templating the suspension of any Of
fetal in connection with the incident.
altho he could not predict what might
develop.
Harrison j. Barrett, formerly law of
ficer of the %postofice department and
frequently an assistant attorney gen.
eral for that department., today sub
mitted a letter to the postmaster gem
eral regarding the latter's statement
that charges against Mr.. Barrett are
under investigation. The statement
was made in the letter removing Cen
eral Tyner. Mr.. Barrett says that is
The first official information which he
has had of any charges of any charac-
ter whatever against his conduct,
either while in the department or sub
%sequently, and urge an early search
ing investigation of all his acts.
alpn WAS A THEE