The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-25
PERHAPS NO CASE
AGAINST TYNER
Government Powerless if It
Cannot Tell Nature of Alb
stracted Papers.

WASHINGTON, D. c.. April "a =
The postmaster general today certified
10 the attorney general for such ac-
uon as he may see necessary the
cases or persons involved in the alb
stractlon of papers from the safe of
James N. Tyner, assistant attorney
general for the postoffice department.
Attorney General Knox expressed the
opinion to Postmaster General Payne
that unless there is something to show
whether the documents taken from
the sare are government property or
private papers, no case would lie. This
statement was made after Mr. Knox
mad gone over the papers forwarded
to him by the postoffice department.
MI Payne replied by stating the cir
cumstances attending the taking of the
papers and the fact that most of the
papers filed in such government safes
are OF a confidential nature, and there
fore are not of record. There will
be a conference tomorrow between Mr.
Payne and Mr.. Knox.
The position taken by the postof-
nee department is that it has done all
that is possible to establish the facts
IN the case; that the improperly of
the act is equal in Importance to the
nature OF what was taken and that
any further steps rest with the depart
ment 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 it.
Attorney Ross Perry, of this city,
counsel for the Tyners, told the post
master general today that the Tyners
WOnl6 ha Glad n
general or any representative of his
department look over the papers at
the Tyner residence. Mr.. Payne point
ed out to Mr.. Perry that the Tyners
were given every opportunity imme-
dlately after the papers were taken to
open them in the presence of officers
of the department and had refused
to show them or to indicate to the gov
eminent representative even the ma
ture of the papers. The department
will not give much weight to any pa
pers that are returned, and it is I'M
likely that any further serious effort
VIII be made to recover the T>lDers in
view of the fact that there is no way
OF showing whether any papers return
ed were the ones actually taken. Post
master General Payne said this even
ing:
IF there was 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 away have been out
of the possession of the department
for three days is another thing. If
there were any motive to take the pa
pers 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"
Harris j. Barrett, formerly law Of
ficer of the postoffice department, and
frequently an assistant attorney gen
eral for that department, today sub
mltted letter to the postmaster gen
eral regarding the latter's statement
that charges against Mr.. Barrett are
under investigation. The statement was
made in the letter removing Gen. Ty-
ner. Mr.. Barrett says that this is the
first official information which he has
of any charges of any character what
ever against his conduct, and urges an
early searching investigation of all his
accounts.
He says he can show that his conduct
has been blameless.