The Birmingham age-herald., 1903-04-25
?, ., Dept Case Has the Off,
 cias Badly Mixed
PAPERS PRIVATE PROPERTY
MT. and Mrs. Tyner Offer to Let Mir. Payne or Any Other Officials See
 the Papers If They So Desire.

Washington, April 24-Attorney-G Gen. eral Knox today expressed the opinion to Postmaster General Payne that unless there is something to show whether the documents taken from the safe by the wife of Assistant Attorney General Tyner are government property or private pa- pers, no case would lie. This statement 7 was made after MT. Knox had gone over the papers and affidavits in the case for warded to him by the postoffice depart ment MT. Payne replied by stating the circumstances 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 therefore are not of record. There will be a con- ference tomorrow between Mir. Payne and MT Knox. The position taken by the postoffice department now is that it has done all that is possible to do to estab- fish the facts in the case; that the im- propriety of the act is of equal impor- tance 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 ficial papers at various times. and that MT. Tyner has so stated. It is not known, however whether any such papers were in the safe since MT. Tyner last had ac- cess to 1t.
 Invited to Look at Papers.
 Attorney Ross Perry of this city, coun- sel for the Tyners, called on the postmas- ter general today, subsequent to his inter view with Attorney General Knox. He told the postmaster general that the Ty- ners would be glad to have the postmas- ter general or any representatives of his department look over the papers at the Tyner residence. Mir. Payne talked with MT. Perry at some length, and pointed out to him that the Tyners were given an opportunity immediately after the pa- pers were taken to open them in the pres ence of the officers of the department, and had refused to show them or to indi- cate to the government representatives even the nature of the papers MT. Payne was asked subsequently, if he declined MT Perrys 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 view of the fact that there is no way of showing whether any papers returned were the ones actually taken.
 Payne Makes Statement.
 Postmaster General Payne said this evening:
 ''If there were conclusive evidence that all the documents taken away would be shown that would be 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. If there was 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 impropriety of the act is apparent, to say the least. I regard 1t as quite as improper to take from a safe in a govern ment office the private papers of General Tyner or 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 sufficient to remove any officer of the government" 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 connected with the postoffice, and formerly an assistant attorney general for that de- partment today submitted letter to the postmaster general regarding the latter's statement that charges against Barrett are under investigation.
 The statement was made in the letter removing General Tyner. MT. Barrett says that this Is the first official informa- ton which he has had of any charges of any character whatever against his con- duct. MT. Barrett then quotes a letter he addressed to the postmaster general from Baltimore under date of March 25 in which he said:
 Open to Investigation.
 ''I feel 1t my duty to say In justice to myself and the postoffce department that my conduct as assistant attorney for the department is open to the most searching investigation, which I invite, and I will willingly furnish any information within my power that may be desired"
 Acting Postmaster General Wynne made formal acknowledgement of this letter saying 1t had been referred to Fourth Assistant Postmaster General Bristow who states that he will receive any in- formation you may desire to furnish him.
 MT. Barretts letter today says:
 "On March 27 l immediately called upon MT. Bristow and stated to him that if the postoffice department had any charges against me of any character whatever, that I was anxious and ready to meet the same, and would put at his disposal any information or papers in my possession.
 MT Bristow told me that if any infor- nation in his possession reflected upon me I would be communicated with and given full opportunity to answer the same Since that time I have heard nothing more of the matters at issue. When the time arrives I will show to the satisfaction of all honest people that the charge and insinuations that have been made reiecting on myself in my dealings with the postoffice department are false. My record in the four years that I served as the assistant attorney of the postoffice department is known to those, with whom I was associated dur ing my time of service, and that served the government faithfully and honestly can be established by an abundance of proof ?