The San Francisco call., 1904-10-29
'ACQUITFAL
DOES NOT
CLEAR HIM
President Refuses to Re-
inState POstOffCe
Lawyer 1yner.
WRITES A SCkTHING LETTER.
Says Conduct tJustifes Sc
we're Condemnation ON
Moral Grounds.
WRITES A SCATHING LETTER


of the President, Secretary Loeb to-day
sent to James N. Tyner, the former As
sistant Attorney General for the Post
Office Department, letter in reply to
Tyner's letter dated October s and made
public last night. The letter says that
the question of Tyner's guilt on the
criminal charge on which he was tried
has been passed upon by a jury and
the President acquiesces in the jury's
finding, but the evidence "seems to him
overwhelming that you (Tyner) were
guilty either of moral obliquity in per-
formance of duty or of the grossest in
efficiency" The letter follows:
White House. Washington, Oct. %. 1904.
Sir-Ihe President has received this morn
ing your letter dated October s. written in
answer to my letter of June "A. which have
never made public, although you did make
public your own letter which II answered. In
your present letter you again claim that a
wrong has been done you, and ask that it be
OF the wrong could only be effected by your
reinstatement to office or declaration by the
President that you were innocent. The Presi-
dent instrnctS me TO say to you that his
memorandum to which you take exception
written when three indictments against you
had been returned by the Grand Jury, the
report OF Mr. BriStow having been submitted
TO Messrs Bonaparte and Conrad, and the
action taken against you by the Department of
Justice being on the Recommendation OF Messrs
B9napartc and Conrad In his memorandum
the President referred to your office as follows:
The investigation discloses a condition of
gross corruption in the office of the Assistant
Attorney General for the Postofhce Depart
ment. In the case OF Assistant Attorney Cen
eral Tyner (tne misconduct) has gone on for
a number of years but it is impossible to say
chief offenders in the Government service were
Lyner, Machen and Beavers Friends OF Tyner
chief offender was really his nephew by mar
riage. Barrett, who was his assistant in office
fer part OF the term, and that Tyner's Of
lenses were due TO his failing bodily and mental
powers. The facts set forth in Mr.. Bristows
report do not tend to substantiate the validity
of these excuses for Tyner while they show
literally astounding misconduct in Barrett
In the office of the Assistant At
torney General for the Postoffice Department
under Tyner and Barrett, far greater wrong
was inflicted upon the public than could be
mea assured by pecuniary standard, for in this
office the corruption of the Government Off
cials took the form of favoring get-rich-quick
concerns and similar swindling schemes. IN
sworn duty of these Government officials to
prosecute, paid them for permission to fleece
the public unmoested.
''Of the criminal charges on which you were
tried you have been declared innocent by a
jury in a court of law; the verdict is final
regards all citizens including the Presidsnt.
There is however a wide difference between
misconduct which Is criminal and declared
such by the courts and misconduct which
though it does not render the wrongdoer liable
/
to the criminal law yet requires his i'm
/ mediate separation from the Government
the general community on moral grounds.
You were acquitted of conspring with Bar
rett to do certain criminal deeds You were
not acquitted Of doing the deeds.
THAT these get-rich-qu concerns which
| employed Mr.. Barrett were improperly favored
| In your office seems TO admit of no doubt.
| In the case Of the Arnold turf concern, where
Mr. Barrett received $4,000. a committee of
the Missouri Senate which investigated the
fOlin
after commenting upon report of the post
office inspector adverse to the concern in
| question:
That the ruling of the department was
not in accordance with his recommendation
| that from the evidence 1t appears that the
department at Washington, by process
| or other unknown to your committee. over
ruled the recommendation OF the inspector
| panies and they were allowed to proceed with
their process OF absorbing the peoples money
Had the department at Washington acted
promptly and properly upon the recommenda-
tion Of the inspector millions Of dollars would
have been saved the people OF the State Of
Missouri and other States.
| Secretary Loeb's letter recites the
connection of Barrett, Tyner's nephew,
with the revocation of fraud orders
and declares that the record war;
rants the statement that your (Ty-
ner's) removal was imperatively de-
! manded in the interest of honest and
|
| tinues:
There are certain matters which could not
| come before the jury which nevertheless il
| was and Is necessary for the President to
| consider when you request him TO take any
] Character. One OF these is the burglary com
mitted by Mrs. Barrett, Mr.. Barrett's mother,
| Tyner came to the Postoffiee Department en-
| tered your private room In the office and then
| admitted Mrs. Barrett and a safe expert and
| the three then rihed the safe. The Depart
ment of Justice has never been able to know
exactly what documents were at that time
irom rne tbat tnsI has
| been distracted in this manner had they not
been of character such as would graveiy
incriminate you and Mr., Barrett. AS regards
| this and all of the other actions the President
was at one time inclined to excuse you on
the ground n Of your fall falling ,E powers but as
l-t difficult to see how this excuse could
pe put bro~h % eertsn "a, Other ae
| attention which seemed 20 show such gross
lack Of the sense of official propriety on your
part as not to warrant aim In making a pre-
sumption in your favor For instance on
| March 20. 1902. you. writing on the paper OF
the effce of the Assistant Attorney General
for the Postofnce department TO the Post
| master at Portage, Wis, asking that your
daughter be retained in the Portage post
| office, wrote In part as follows:
but don't want my daughter to remain at
Portage except with your full acquiescence I
can secure transfer for her to probably any
two such transfers arranged for ana are
held in abeyance II she goes elsewhere the
money that pays her salary will 20 to the
office to which she shall be transferred II
she remains at Portage I shall add slightly m
the salary and Of course secure an addition
1 to the allowance for salaries at the Office N
pay the increase The allowance 70 pav be~
present compensation Is made specffcaliv for
her by name, as would be an addition to the
same.
II thought it proper to write you thus frann,v
before you take the oath Of office TN ~
the close OF department. hours yesterday Sat
urday) no official notice OF your confirmation
6y the Senate had been received. Therefore
there is ample time to receive your reply