The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-25
Offer to Return AbstraCted
Papers Carries Little
Weight.
HOW MANY WERE TAKEN?
This the Pos 0fice Department Has No Means
Of Knowing, HeEcs Cannot Tell How
Many May Have Been Destroyed
---Payne and Knox to Con-
f:r Today.
(By the Associated Press.)

(By the Associated Press)
Washington, April 24.-Ross Perry, the
attorney for Mrs. James N. Tyner, whose
husband yesterday was summarily re-
moved from his position as a assistant
attorney general for the Post Office De
partment under rather sensational cir
cumstances, was at Attorney General
Knoxs office today 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 altogether personal but
that they would be returned when called
for
The Postmaster General today certified
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 AS
sistant Attorney General for the Post
Office Department. Postmaster General
Payne's letter forwarding the papers
made no recommendations beyond sub
mitting the case for such action as the
Department of Justice might deem ne
cessary and proper. The affidavits con-
tain 70 infrmatin sas to the character of
the papers taken or as to their ownership
The Attorney General has called the at
tention of the Postmaster General to the
law relating to the character of public
documents and has requested informal
tions as to their character.
Mr. Payne replied by stating the cir
cumstances attending the taking of the
papers and the fact that most of the pa
pers filed in such government safes are
of a confidential nature and therefore are
not of record. There will be conference
tomorrow between Mr.. Payne and Mr.
Knox. The position taken by the Post
Office Department now is that it has done
all it is possible to do to establish the
of the act is of equal Importance ire
spective of the nature of what was taken
and that any further steps rest with the
Department. of Justice. 1t is known by |
the Postmaster General that the safe from
which all the papers We're taken has
contained valuable official papers at va
rious times and that Mr. Tyner has so
stated. 1t is not know, however whether
any such papers have been in the safe
since Mr.. Tyner last had access to it.
Attorney Perry, of the city, counsel
70 rthe Tyners, called on the Postmaster
General today.
He told the Postmaster General that
the TynerS would be glad to have the
Postmaster General or any representa-
tive of his department look over the pa
pers at the Tyncr residence. Mr.. Payne
talked with Mr.. Perry at some length
and pointed out to him that the Tyners
weer given an opportunity Immediately
after the papers were taken to open them
in the presence of the officers of the de-
partment and had refused to show them
CT to indicate to the government repre-
sentatives their nature. Mr.. Payne was
asked subsequently if he declined Mr..
Perrys proposition but he said he could
not discuss that part of the question
1t may be stated as the department at
titude, however, that it will not give
much weight to papers that are returned
and that it is unlikely 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 the papers
hat might be returned included all those
actually taken. Postmaster General
Payne said this evening:
If there were conclusive evidence that
Ill the documents taken away would be !
shown that would be one thing but this !
he department has no means of knowing {
# there was motive for taking the pa
)ers and any intention of making away
With any Of them there has been ample /
ime to accomplish it. Whether the pa I
1ers were put or not the impropriety of
he act is apparent, to say the least
egard it quite as improper to take from
safe in a government office the private
papers of General Tyner or Mrs. Tyner
IT of anybody else in the manner in
which those papers were taken as to take ;
way official papers. The impropriety of
he act ITSELF is sufficient to warrant the
emoval of any officer of the govern c
nent"
Mr.. Payne said that he was not contem- =
'lating the suspension of any official in =
onmectin with the incident, althugh he 4,
ould not predict what might develop.
Harrison ]. Barrett, formerly officer of q
he Post Office Department, today sub /,
ltted a letter to the Postmaster General
egarding the latter statement that f
harges against Mr. Barrett are under in T
estigation This statement was made e