Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-15
MR.. PAYNE DECLINES
Will Not Obey Subpoena Of
Beavers Counsel.
AN INSPECTOR SENT
WHO WILL REPRESENT THE POST
MASTER GENERAL.
In Any Event tho Documents Asked
for Could Not Be Produced
Before Commissioner.


Attorney General Henry NJ. Hoyt, declaring
that the subpoena served on Postmaster
General Payne to appear at the hearing In
New York today of the case against George
w. Beavers, former head Of the division OF
salaries and allowances was void. the Post
master General refused to obey the COM
mand Of the subpoena, and WILL instead.
depart this evening for Virginia Hot
Springs, as heretofore planned, to enjoy
weeks rest.
The opinion Of Mr.. Hoyt Is as follows:
my advice to the Postmaster General is
that, while do not think, on fundamental
grounds, under all the circumstances of the
case, the United States commissioner had
any warrant in law for issuing this writ, to
be served outside of his district, on tho
whole I believe the proper course for the
Postmaster General to pursue Is to send a
trusted employe Of the department to New
York to represent him in the matter, to
appear before the commissioner tomorrow
morning at the appointed hour, in company
with the United States attorney, and to
state formally to the commissioner Qf
called upon) on behalf of the Postmaster
General. that the Postmaster General de-
clines to produce any of the government
records and documents called for whatso-
ever"
Acting under this advice, Postmaster Cen
Leatherman as his representative at the
hearing in New York. Mr.. Leatherman did
not learn of this action until late last night,
and he boarded the midnight train over the
Pennsylvania for the metropolis.
What Mr.. Payne Says.
Postmaster General Payne said today
that it was a physical impossibility to COM
ply with the subpoena in any event, aside
from the law in the case. The subpoena,
he pointed out called for papers, docu-
ments and records covering years of opera
ton of the department to be produced be-
fore the United States commissioner These
papers are in constant use in connection
with the investigation Of the postal service,
and are scattered throughout the country
in the hands of the inspectors.
There would have been about as much
reason In asking for the temporary re-
moval of the Post Office Department build
ing to New York as the demand contained
Payne said to an Evening Star reporter in
discussing the matter.
'Will 1t in any way delay your intended
visit to the springs in Virginia?" was asked
None In the least I shall leave Wash
ington this evening, unless / am arrested
and imprisoned"
1t was not known until late yesterday at
ternOon that Beavers had retained a firm
of lawyers in Washington to represent him
This firm Is Douglass & Douglass, who rep
resent August w. Machen, the deposed
superintendent of the division of free de-
livery.
The latter has thirteen indictments pend
Ing against him as the result of the inves-
dgation of the scandals in the Post Office
Department. His bail was yesterday In
creased to $4,000.
What the Subpoena Called For.
The subpoena was served by a deputy mar
shall 1t called for the production at to-
days hearing of all the reports, favorable
and unfavorable, Of postmasters throughout
the country the tests Of the Brandt
Dent cashier, whose supply on the order
of Beavers has figured conspicuously in the
postal investigation, and for the list of
acquisitions made by postmasters as the
result of those tests.
The position of Beavers counsel Is that
the subpoena duces tecum is obligatory on
the person served and that the United
States commissioner at New York has am
pie Jurisdiction over the Postmaster Gen.
eral in the premises. the subpoena having
been forwarded here from New York.
No Postonement of Trial.
Any effort that may be made by counsel
for Machen to have his trials postponed
when they are reached on the calendar In
the criminal court of the District of Co.
Iumbia next month will be rigidly opposed
by the government.
These trials promise to be the most inter-
esting of any heard in the District courts
for years. The government has left NO
stone unturned to fortify itself and the
counsel for Machen have been equally ac-
tive.
The trials Of the different persons under
Indictment will not be long drawn out, as
might be supposed The government, in
each of the cases, will produce only few
witnesses. Papers and documents In the
possession of the district attorney in the
form the greater part of the evidence to be
edduced
Grand Jury at Work.
The cases connected with the post office
occupied the attention of the
grand jury today. Notwithstanding the
rumor that several indictments would be
returned today, Assistant District Attorney
Taggart is authority for the statement that
the grand jury is not yet ready to report
any additional indictments. The present
outlook is that there will be no more true
bills returned before the middle or latter
part of next week.
BEAVERS' EXAMINATION.
Formal Presentation of the Case in