The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-25
THE TYNER SAFE RIPLING.
an ACTION TAKEN TOWARD
pBOsECUTING THE TIMERS.
p.s,m.Her.Genersi Payne Rsquestsd .
legal Opinion by Attorncy-Oe0c
Enox as to Tyner's Right to Garry
Away Papers From HIS once.

Enox as to Tyner's Right to Garry
Away Papers From Ills once.
v.sursoroN, April 24.-There were no
,oyslopments to-day in the Tyner safe
sia;ns episode Of last Tuesday after noon
Itch can be considered OF importance
.;,h relation to the final outcome of tn o
.s.i, No decisive action was taken either
:. pos,maste r- General Payne or Attorney
nsneral Knox which might serve to in
Sca,e in what manner or with what Sc
saritv the authorities intend to prosecute
assistant Attorney-G General Tyner, by whose
di,ection the private and public papers
rsre distracted from the Government safe
IN his office, or Mrs. Tyner. Mrs. Barrett,
her sister, or safe expert Hammer. who did
the work 1t is very probable, however.
from the statement made by the Attorney
General this afternoon and from the opinions
expressed by the officers Of the Depart
,oent Of Justice that the case will be turned
over TO the United States District Attorney
for the District Of Columbia. who viii be
requested to take such action In the prem
tes a. no may deem proper. This will be
dole either by Postmaster-0 General Payne
directly or through the Department of
Justice.
Mr.. Payne this afternoon transmitted to
Attorney General Knox . formal request
for . legal opinion on the safe-n6ing ind
dent. Attached to his letter making this
request were tho afiidavits of acting Assist
ant Attorney General Chhstiancy. who
was In an outer room of the Office when
Mrs. Tyner, her sister, and the safe expert
distracted the papers, and the statements
Of others In the Department who saw the
party Of three enter and leave the building.
The Postmaster-Gener was unable, from
the information then In his possession, to
furnish Mr.. Knox with even a partial list
Of the papers which 1t IL supposed the safe
contained. No one In the Department
oept Gen. Tyner. and he alone was familiar
That Attorney General Knox wishes to
learn moro Of the detaih Of tho case before
instituung legal proceedings Ia shown
BY his statement, given out this afternoon
alter the receipt Of the letter from tho
Postmaster -0ensrel. Mr.. Knox says:
master General transmitting afldavits rela-
tive TO the circumstances attending the
opening of a safe In tho Post Of1os Depart
ment on Tuesday last, and recounting tho
refusal OF Mrs. Tynor TO allow tho inspectors
10 see or to return package Of papers taken
therefrom. These ahidavits contain no
as 70 the character Of the papers
taken away or as to their Ownership. have
therefore called tho Postmaster Generals
attention to the law relative TO the abstrao-
ton Of public documents and requested In
formation a. to the character OF the papers
and to know what action he recommends
or requests
Postmaster-G General Payne holds that the
very act Of opening Government safe and
and carrying away It's con-
tents is sufficient Warrant for the prose-
cution OF the offenders, regardless Of the
contents OF the safe or the character or the
value OF the papers taken from 1t.
In any event, whether or not 1t u oon-
coded that Mr.. Tyner was legally and
lctually the Assistant Attorney General
for the Depar tment. he can be prosecuted
for his part In the affair under Section
,4Oe OF the Revised Statutes. This section
says
Every officsr having the custody Of any
iSiss away Of withdrsws or destroys any
lied 10 his ONES or deDosited with him or Il
ais custody. shall pay fne Of not more than
l.? m. or suffer imprisonment at hard labor
Tor not more than three years. or both, and
shall. moreover, forfeit his once and be for
ever afterward disqu Allied from holding
any Office under the Government OF the United
States.