Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-04-25
Her Attorney Says They viii be
Returned When Called For
AREALT0GETHER PERSONAL
Posionlco Department Has Not Yet
Decided on what Course IL VIII
Pursue in the Matter,

Washington, April 24.-Ross Perry
the attorney for Mrs. James H. Tyner,
whose husband yesterday was summar-
lily removed from his position as assist
ant Encouragement for the postotllce
department under rather sensational
circumstances, called upon Atty-Gen,
Knox today and talked over the case
with him, He made TO the attorney
general substantially the same state
ment given out by him last night, name
ly, that the papers taken by Mrs. Tyner
from the safe in her husbands Office on
Tuesday were altogether personal but
they would be returned when called for.
Atty.-Gen. Knox today expressed the
opinion to Postmaster-Geu. Payne
that unless there is something TO show
whether the documents taken from the
safe are government property or pri-
vate papers no case would lie. This
statement was made after Mr., Knox
had gone over the papers forwarded 10
him by the postoflice department.
Mr.. Payne replied by stating the cir
cumstances attending the taking OF the
papers and the fact that most Of the
papers filed in such government safes
are Of confidential nature and there
fore are not Of record. There VIII be
a conference tomorrow between Mr..
Payne and Mr., Knox.
The position taken by the postotlice
department now is that 1t has done all
that il is possible 70 do to establish the
facts in the case; that the improperly
OF the act is of equal importance to
the nature of what was taken and that
any further steps rest with the depart
ment itself.
Atty. Ross Perry, counsel for the Ty-
ners, called on the postmaster general
today subsequent 10 his interview with
Atty. Gen, Knox, He told the postmas-
ter general that the Tyners would be
glad TO have the postmaster-ge general or
any representative Of his department
look over the papers at the Tyner resi-
dence,
Mr.. Payne talked with Mr.. Perry at
some length and pointed out to him that
the Tyners were given an opportunity
Immediately after the papers Were taxi
en- 10 open them in the presence OF the
officers OF the department. and had re-
fused 10 show them or TO indicate 10
the government representatives even
the nature Of the papers.
Mr. Payne Was asked subsequently II
he declined Mr., Perry's proposition, but
said he could not discuss that phase OF
the question. 1t may be stated as the
Departments attitude. however. that Il
will not give much weight TO any papers
thta are returned. and that II is unlikely
any further serious effort viii be made
to recover the papers, In view Of the
fact that there Is no way Of showing
whether any papers returned were the
ones actually taken Postmaster Gen,
Payne said tonight
IF there was any motive TO take the
papers, or any intention OF doing away
with them. there has been ample time to
do II. Whether the papers were pri-
vate or not, the Improperly Of the act
Is apparent, TO say the least. | regard
II as quite as improper 10 take from
safe In government office private pa
pers OF Gen, Tyner or Mrs Tyner, or Of
anybody else in the manner that those
papers were taken as 10 take any other
papers. The improperly of the act it.
self is sufficient to remove any officer
Of the government"
Mr.. Payne said that he was not con-
templatng the suspension Of any ofIi-
elal IN connection with the incident, al
though he could not predict what might
develop.