The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-04-25
TYNER MAY TRIUMPH
NO ARRESTS ORDERED FOR RE-
MOVAL OF THE PAPERS.
ATTORNEY GENERAL SLOW
ABOUT MOVING UPON THE EVIL
DENCE SUBMITTED HIM.

Character of the Papers Taken
Safe by Mrs. Tyner Not known by
the Postmaster General - He
Thinks All who Were Involved
Are CuIpabIe if the Papers Were
of But n Private characteristic
Certain All Would Be Returned.
Washington, April 24.-Ross Perry,
the attorney for Mrs. James N. Tyner,
whose husband was yesterday sum-
marily removed from his position as as
sistant attorney general for the Post
office Department under sensational
circumstances, called upon Attorney
General Knox to-day and talked over
the case with him. He made to the
Attorney General substantially the
same statement given out by him last
night, namely, that the papers taken
by Mrs. Tyner from the safe in her
husbands office on Tuesday were alto
gether personal, but that they would
be returned when called for.
The Postmaster General to-day certi-
fled to the Attorney General for such
action as he may deem necessary the
cases of the persons involved in the
abstraction of the papers from the safe
of the assistant attorney general for
the Postoffice Department. Postmaster
General Payne's letter forwarding the
papers made no recommendations be-
yond submitting the case for such ac-
ton as the Department of Justice
might deem necessary and proper.
Attorney General Knox said the af-
fidaVitS contain no information as to
the character of the papers taken or as
to their ownership. He has called the
attention of the Postmaster General
to the law relating to the character of
public documents, and has requested
information as to their character, and
also asks of him what action he re-
quests or recommends.
Must he Government Papers.
Mr.. Knox to-day expressed the opin
ion to Mr.. Payne that unless there is
something to show that the documents
taken from the safe are government
property, no case would lie. This state
ment was made after Mr.. Knox had
gone over the papers forwarded to him
by the Postoffice Department. Mr..
Payne replied by stating the circum-
stances attending the taking of the pa
pers and the fact that most of the pa
pers 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 Postof1ice
| Department now is that it has done
all that it is possible to do to establish
the facts in the case; that the impro-
priety of the act is of equal impor-
lance, irrespective of the nature of
what was taken, and that any further
~ Of Inc
tice. 1t is known by Mr.. Payne 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
have been in the safe since Mr.. Tyner
last had access to it.
Attorney Ross Perry of this city,
counsel for the Tyners, called on Mr..
Payne to-day subsequent to his inter-
view with Mr.. Knox. He told the
postmaster general that the Tyners
would be glad to have Mr.. Payne or
any representative of his department
look over the papers at the Tyner res
idence.
Payne and Perry Talked.
Mr.. Payne talked with Mr.. Perry at
some length and said the Tyners were
given an opportunity Immediately after
the papers were taken to open them
in the presence of the officers of the
department, and had refused to show
them or to indicate to the government
representatives even their nature. Mr.
Payne was asked subsequently If he
| declined Mr.. Perry's proposition, but
said he could not discuss that phase of
the question. 1t is said that the de-
partment will not give much weight 70
papers that are returned, and it is I'M
likely, that any further serious effort
will be made to recover the papers in
view of the fact that there is no way
of showing whether papers which might
be returned included all those actually
taken. Mr.. Payne said this evening:
"If there were conclusive evidence
| that all the documents taken away
would be shown, that would be one
thing, but this department has no
means of knowing. If there was mo-
tive for taking the papers and any in
tention of making away with any of
them there has been ample time to ac-
| complish it.
whether the papers were private or
not, the improperly of the act is APP
parent, to say the least. l regard it
quite as improper to take from a safe
| in q, government office the private pa
pers of Gen. Tyner or Mrs. Tyner or
I of anybody else in the manner in
Whicn those papers were taken as TO
take away official papers. The impro-
priety of the act itself is sufficient to
warrant the removal of any officer of
the government"
Mr. Payne said that he was not con-
templating the suspension of any off,
cal in connection with the incident,
although he could not predict what
might develop.
Barrett Asks Investigation.
Harrison j. Barrett, formerly law
officer of the Postoffice Department,
to-day submitted a statement to the
Postmaster General regarding the lat
ter's statement that charges against
Mr.. Barrett are under investiga ton.
This statement was made in the let
ter removing Gen. Tyner. Mr.. Bar
rett says that this is the first official
information which he has had of any
| charges of any character whatever
against his conduct, either while in
the department or subsequently, and
urges an early searching investigation
of all his acts.