The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-16
PAYNE SENDS
A DEPUTY
Postmaster General to be Represented
at the Beavers Hearing.
CANNOT SUPPLY RECORDS.
Head of Postal Department says 1,
Would BE Physical Impossi-
biIity TO Comply with sub
pmna Regarding Documents.

Washington, Sept 16-In accordance
with decision of Acting Attorney
General Hoyt declaring that the sub
pgna served on the postmaster general
to appear at the hearing in New YORK
of the case of George VI. Beavers, the
former head Of the salary and allow
ance division Of tile post Office depart
ment was void. the postmaster general
has designated Post Office Inspector
Lawrence Lotherman as his represent
alive at that hearing Tie opinion Of
MIR Hoyt follows
my advice to the postmaster general
Is that, while | do not think on funda-
mental grounds. under all the cireuM
stances Of the case. the United States
commissioner had any warrant III law
for issuing this writ. to BE served aRt
side of his district on the whole, / be-
lieve the proper course for the postInas-
ter general to pursue is to send trust
ed employee Of the department to New
York to represent him id the matter
to appear before the commissioner at
the appointed hour, In company with
the United States attorney, and to state
formally TO the commissioner, II called
upon, on behalf of the postmaster gem
eral, that the postmaster general de
clines to produce any of the govern
ment records and documents called for
whatsoever"
Postmaster General Payne said that
it was a physical impossibility to com.
ply with the subpoena ia any event,
aside from the law in the case The
subpoena, he pointed out, called for pa
pers, documents and records covering
years of operation Of the department
to be produced before the United States
commissioner These papers are I'D
constant use in connection with the in
vestigation Of the postal service and
are scattered throughout the country
in the hands Of the inspectors,
Christianey's Retirement.
Postmaster General Payne admitted
that the resignation Of George A. G.
Christiancy, tile former law clerk Of
the department, was submitted some
weeks ago. but that action upon it had
been deferred pending the investiga-
ton Of the affairs Of that office
Charles II. Robb, the assistant attor-
new general for the post Office depart
ment, has decided to continue perma-
nently in that office instead Of return
ing to the department Of justice at the
completion of the post Office investiga-
ton When the changes tn the admin
istration Of the assistant attorney gen
erals office were made shortly after
| the inception Of the investigation MIR
Robb, who has been the consant legal
adviser Of the department, accepted the
Office of the assistant attorney general
with the understanding that he SHOULD
be allowed to resume bis old duties It's
soon as the investigation was finished.
This reservation was made cit the in.
stance Of Attorney General Knox.
Grand Jury stin nj work.
The federal grand jury resumed FITS
consideration Of post Office cases, but
did not progress sufficiently to report
any indictments. Several witnesses
were examined. one Of the first indict-
ments ii expected to be that Of a for
mer law official Of the department. The
grand jury now has every case before
| it thar is expected to figure in the post
all prosecutions and it is expected that
It will finish oil the cases by the close
Of this MONTH
The report Of Fourth Assistant Post
master General Bristow on the investi-
CATION will, according TO present plans
follow within 4 fortnight Of the return
Of the last indictments This report
will be made to the postmaster general
and Immediately forwarded to the pres
ident, who will decide the question Of
its publication. Mr. Bristow Il now
devoting the major portion Of each day
I IL