The Montgomery advertiser., 1903-04-25
QUESTION IS IMPORTANT
On Its Solution Any Legal
 Action Depends.
Attorney for the Tyners Says His Clients are Ready for Postmaster General to Inspect the
 Documents.

Washington. April A.-Ross Perry. the attorney for Mrs. James N. Tyner, whose husband yesterday was summarily re- moved from his position as assistant at- torney general for the postoffice depart ment under rather sensational circum- stances, saw Attorney General Knox to- day and talked over the case with him.
 He made to the Attorney General sub stantially the same statement given out last night by him, 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. -.s
 The Postmaster General at o'clock to- day certified to the Attorney General for such action as he may think necessary, the cases of persons involved in the ab- straction of the papers from the safe of the Assistant Attorney General for the Postofice Department. The papers in- clude affidavits of acting assistant Attor- ney General Christny. who was at his desk when Mrs. Tyner. the wife of the dismissed assistant attorney general. came to the office, and of other attaches of the office present at the time and of the inspectors who made the reports of the incident
 Opinion of Knox. 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 are government property or private papers, no case would lie. This stater ment was made after Mir. Knox had gone over the papers and afidavits in the case forwarded to him by, the postoffice department. Mir. Payne replied by stat ing the circumstances .attendi the talk, ing of the papers and the fact that most of the papers filed n such governnnent safes are of Q confidential nature and therefore are not of record, There will be conference tomorrow Letween' MT. Payne and MT. Knox. ..sss..-.'.
 The position taken by the postoffice de- pertinent now is that it has done all that Is possible to do to establish the facts in the case; that the impropriety of the act is of equal importance to the nature of what was taken and that any further steps rest with the department. of justice. It Is known by the Postmaster General that the safe from which all the papers were taken has contained valuable of- ficia! papers at various times and that Mir. Tyner has so stated. It Is not known. however. whether any such papers were in the safe since MT. Tyner last had access to it.
 Attorney Ross Perry of this city, coun- gel for the Tyners. called on the Post master General today subsequent to his interview with Attorney General Knox. He told the Postmaster. General that the Tyners would be glad to have the Post aakn oory o of his department look over the papers at the Tyner residence.
 Payne Makes a Point.
 MT. Payne talked with MT. Perry at some length and pointed out to him that the Tyners were given an opportunity immediately after the papers were taken to open them Tn tho presence of the of- ficrs of. the department and had refused to show thom or to indicate to the govern ment representatives even the nature of the papers. Mir. Payne was asked sub sequently If he declined Mir. Perry's proposition. but said he could not discuss that phase of the question It is unlikely any further serious effort will be made to recover the papers in view of the fact that there is no way If showing whether any papers returned were the ones actually taken. Postmaster General Payne said this 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 out of the possession of the department for three days is another thing. If there was any motive to take the papers or any intention of doing away with them there has been ample time to do 1t. Whether the papers were private or not, Inc iYS7pp0TNriafv of fha fa to say the least. I regard 1t as quite as Improper to take from a safe in a Gov ernment office the private papers of Gen eral Tyner and Mrs. Tyner or of anybody else in the manner that those papers were taken. as to take any other papers. The impropriety of the act itself Is suf1- rient to remove any officer of the Gov ernment." MT Payne said he was not contemplat- Ing the suspension of any official in con nection with the incident, although he could not predict what might develop Harrison J. Barrett, formerly law ofi- eer of the Postofice Department, and frequently an Assistant Attorney General Tor that Department, today submitted a letter to the Postmaser General regard ing he latter's statement that charges against Barrett are under investigation.
 The Case of Barrett. The statement was made Tn the letter removing General Tyner. Mr. Barrett, says that this is the first official infor- nation which he has had of any charges of any character whatever against his conduct. Mir. Barrett then quotes a letter he address4 4d 70 the Postmaster General from Baltimore under date of March 25. in which he said:
 ''I feel it my duty 70 say in justice to myself and the Postoff1ce Department that my conduct as Assistant Attorney for the Department and as a practicing attorney since I severed my connection with the Department, Is open to the most searching investigation. which I invite, and I will willingly furnish any. infor- nation within my power that may be de- sired" Acting Postmaster General Wynne made a formal acknowledgment of this letter, saying it had been referred to Flo nth Assistant Postmaster General |