Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-03
Grand Jury Did Not Hear
1t Today.
MR.. PAYNE SURPRISED
WHAT HE SAYS ABOUT MR. BRIS-
ToW's REPORT.
Washington City Post Office to Be
Thoroughly Overhauled Up to Date
by the Inspectors

The grand jury did not take up the case
of A. W. Machen. general superintendent
of free delivery. in It's session To-Day as was
expected The delay in presenting the case
Is declared to be in the office OF Dlstrlct
Attorney Taggart. The grand jury. a1ter
finishing up one or two minor cases WHICH
had been pending before 1t, was excused
until tomorrow with q clean docket. This
Is understood to mean that at its session
tomorrow the Machen case will be pre-
sented. At all events. it Is predicted that
the case will be laid before the grand jury
before Saturday, when the preliminary
hearing of Machen has been set before
United States Commissioner Arson S. Tai
lor. An indictment of Machen by the grand
jury on the charge Of bribery. on which he
was arrested. would preclude the necessity
of the hearing before Commissioner Taylor
and would eliminate the necessity of the
governments case being disclosed.
Conferences With Inspectors.
Assistant District Attorney Taggart has
been In daily conference with inspectors OF
the Post Office Department who worked up
the case against Machen since his arrest
and the usual conference today was not
neglected The utmost care Is being taken
by officials at the City Hall to prevent the
names of the witnesses who are to be called
and examined before the grand jury from
becoming known. 1t Is understood to be
the particular desire of the government to
keep these witnesses from being known to
the defense.
Postmaster General Payne fully expected
the Machen case to be taken before the
grand jury today, and expressed some sur
prise when informed that this course had
not been followed. He said he understood
the grand jury expired by limitation very
soon. and ascribed this the necessity for
fr1ra AT on he ma IF nf tha
lCution against Machen. This. however, is
not the case. as the term of the present
grand jury does not expire until the first
Tuesday in October next although a re-
cess Is generally taken during the months
OF July and August.
The Washington City Office.
In discussing the post office investigation
today. Mr.. Payne indicated that all public
interest was conferred in the grand jury
proceedings He. however, incidentally
dropped the information that the twenty
five trained inspectors under General Bris-
stow were to devote their attention to the
washington post office just as soon as the
Eprincipal features of the general inquiry
Ehad been completed. This is the first in
stimation on the part OF Mr.. Payne that q
detailed inquiry into the Washington city
Ipost office was to be made This informa-
tiion was brought out by a question to
when Fourth Assistant Bristow's reply to
the Tulloch charges was to be made public.
In answering this question Mr.. Payne
said that he had received the reply of Cen
teral BristOw to the Tullock charges cover
ing the period mentioned In those charges.
tHe. however. had decided not to make it
public until the force of inspectors under
General Bristow had been given an oppor-
tunity to bring the investigation of the
washington office up to date. This would
not be possible until the more important in
,Quiry into the conduct of the office of the
assistant attorney general, the free delivery
sy stem and the bureau of salaries and al
lowances had been completed When the
Investigation into these branches of the
postal service has been finished, Mr.. Payne
indicated that the Washington city Office
would be taken up and its conduct brought
up to date by the inspectors. The result of
this investigation will then be embodied in
"a report by Fourth Assistant Bristow,
which will be made public. together with
the reply of. that official to the Tulloch
rCharges This. Mr.. Payne believes will
Show comparison of the conditions exist
Ing in the Washington Office then and now
Mr.. Payne made this statement regarding
the comparison in answer to the inquiry as
to whether or not Mr.. Bristow's present
reply to Tulloch did not in many respects,
substantiate his statements Of Irregular
tiles. As a comparison is to be made the
inference Is that the present Bristow re-
port does substantiate the former cashier
of the Washington Office in at least some of
the statements he has made.
Opinion on the Machen Goal Contract.
The opinion of Attorney General Knox,
rendered last January. upon the question
of the legal right of the Postmaster General
to award the coal contract to Machen
Brothers. which Is regarded as of particu-
lar significance just at this time, is in full
as follows:
DEPARTMENT OF JUSTICE,
WASHINGTON. D. c., January 10. 1903.
The Honorable the Postmaster General:
STr I k.lNra 10 IL. Ill H.
receipt of your letter of the Sth instant, in
which you ask my opinion as to whether
o. you can award a contract for the purchase
of coal, for the use of your department
under the following circumstances:
On December 80, 1902. sealed proposals
were invited for furnishing the Post Office
Department with bituminous coal for the
remainder of the fiscal year ending June
80 1903. An advertisement was placed
therefor in three Washington papers and a
typewriter copy thereof was sent to about
twenty-five coal dealers. Four bids were
submitted in response thereto, the lowest
being that of Machen Brothers, who pro-
pose TO furnish 1000 tons (the amount
probably needed by the department for the
balance of the present fiscal Year, for
S5.T5. which is S2.55 per ton cheaper than
the next lowest bid.
You state that the proposal is properly
executed. and that no question has arisen
In this respect. The fact is presented, how
ever. that the firm of Machen Brothers Is
composed OF William A. Machen and Au-
gust w. Machen. the latter being superin-
tendent of free delivery in the Post Office
Department.
The Law in the Case
The question thus submitted involves a
construction OF the following sections OF
the Revised Statutes:
Sec. 412. No person employed in the
Post Office Department shall become inter
ested in any contract for carrying the
mail, or act as agent. with or without COM
pensation, for any contractor or person Of
fering TO become a contractor, in any bust
ness before the department; and any per-
Bon so offending shall be Immediately dis
missed from office. and shall be liable 10
pay so much money would have been
realized from said contract. TO be recovered
In an action of debt. for the use of the
Post Office Department.
Sec. 1888. No officer or agent Of any bank
Ing or other commercial corporation. and nc
member of any mercantile or trading firm
or person directly or indirectly interested
In the pecuniary profits or contracts of sucf
corporation or firm, shall be employed OIL
shall act as an officer or agent of tbs
United States for the transaction of bust
ness with such corporation or firm; anC
every such officer, agent. or member Oh
person. interested. who so acts shall bt
imprisoned not more than two years ant
fined not more than 50 600 NOR less fha '