The St. Louis Republic., 1904-10-29
Says Misconduct Criminally and
Morally Are Different
Things.
NOTHING AS TO RETRAcTIoN.
Acquittal He Insists Was of Con-
spring With Barrett to Do
Certain Things, Not of
Doing the Deeds.

Washington. Oct. 2s.-By direction of the
President. Secretary Loeb to-day sent to
James n. Tyner. the former Assistant At
torney General for the Post-Office Depart
ment. a letter in reply to Mr.. Tyner'
letter dated October S. and made public
last night.
The letter says that as the question of
Mr.. Tyner's guilt on the criminal charge
on which he was tried has been passed
upon by a jury, the President acquiesces
in the jurys finding. but the evidence
seems to him Overwhelming that you
(Mr. TyneD were guilty either of moral
obliquity In performance of duty or of
the grossest inefficiency."
Extracts from the letter follow:
White House. Washington. d. c.. Oct.
Is. lsOi.-Sir:' The President has received
this morning 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 1t answered. In your present letter
you again claim that wrong has been
done you, and ask that it be righted.
las you are out OF office. the righting
of the wrong could only be effected by
your reinstatement to Office. or a declara-
ton by the President that you were inno-
cent.
The President instructs me to say to
you that his memorandum. ~ which you
take exception. was 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 Bonaparte and Conrad"
"Of the criminal charges on which you
were tried you haye been declared inno-
cent by a jury in court of law, and the
verdict is final as regards all citizens,
including the President.
DIFFERENCE IN oFFENsEs.
There is, however, wide difference
between misconduct, which is criminal
and declared such by the courts. and mis-
conduct which, though it does not render
the wrongdoer liable to the criminal law.
yet requires his immediate separation
from the Government service, and justi-
fies his severe condemnation by the gen.
erai ed, community on moral grounds !1p You
to, do certain criminal deeds. You were
not acquitted Of doing the deeds.
THAT these get-rich-quick concerns
properly favored In your office seems to
admit of no doubt.
I'm the case Of the Arnold turf concern.
where Mr.. Barrett received 5000 COM
vestigated the matter in March, 1903, re-
ported as follows after commenting upon
a report of the Post Office inspector ad-
verse to the concern in question:
tfoh; that from the evidence 1t appears
that the department at Washington, by
some process or other unknown to your
committee. oyerruled the Recommendation
Ing against these companies: and they
were allowed to proceed with their process
Of absorbing the peoples money.
HAD the department at Washington
ammendation. of the inspector; millions of
dollars would have been saved the people
of the State of Missouri and other States
"'There are certain matters which could
not come before the jury, which, never
theless. 1t was and is necessary for the
President to consider when you request
him to take any action looking to the re-
flabilitation Of your character.
by Mrs Barrett. Mr.. Barrett's, mother,
and by Mrs. Tyner, at your direction. Mrs.
Tyner came to the Post Office, entered
your private room in the office: and then
and the three then rified the safe. The
Department of Justice has never been able
to know exactly what documents were at
that time abstracted from the safe. The
President has the right to assume that
they would not have been distracted in
this manner had they not been of q char
acter such as would gravely incriminate
you and Mr.. Barrett.
"As regards this and all of the other
actions, the President was at one time in
clined to'excuse you on the ground of your
failing powers, but as you made common
cause with Mr.. Barrett. 1t was difficult
TO see how this excuse could be put for
ward. Moreover. certain other actions of
yours were brought to the. Presidents at
tention which seemed to show such gross
lack of the sense of official propriety on
your part as not to warrant him in max
ing a presumption In your favor"
Letters written by Tyner to the Post
niissed and the statement made that as
they had to do with a position held by his
own daughter, they were not becoming
in a person of his position.