Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-02

assistant attorney general, to Investigate
all cases Of use of the mails by persons
suspected Of being engaged In the prose.
schemes that might be brought to his at
tention by reference from the Postmaster
General or otherwise: and II upon sucn
investigation, II appeared to him tnat any
such use Of the malls was within the pro-
hibition Of the law, 1t was his duty to re-
port his conclusion and opinion IN the
case to the Postmaster General with q
statement OF the facts upon which sucn
conclusion and opinion We're oased. TO-
gether with a recommendation that q
fraud order" should be issued In sucn
case whereby the misuse OF the malls oy
such persons would be Immediately stop
ped, 1t being the usual practice OF the
Postmaster General to issue the order
upon such report and Recommendation.
Barrett Determined to Resign.
"That said Barrett. whose duty it was to
assist said Tyner in the matters aforesaid,
had, on July 8, 1900, determined to resign
and retire from his said Office on December
81. 1900. and had agreed with one j. Hen
ming helms to enter into partnership
with him on January 1. 1901, with view
to representing before the Post Office De-
partment and the said assistant attorney
persons using the mails In the prosecution
Of schemes and plans OF business which
might then and thereafter be under fnvesti-
duty aforesaid; that between July ana
November 1, 1899, there were pending be-
fore said Tyner the cases of eighty persons
or companies-fifty of these. being named
and thirty charged as of names unknown
for investigation and report to the Post
master General whether their schemes and
plans of business were obnoxious to the
laws aforesaid, and such, therefore, as to
debar them from the use of the mails in
the prosecution Of the same; that the in
vestigation aforesaid was completed by said
Tyner and Barrett, between October 10 and
November 1, 1900, and the conclusion ar
rived at that the schemes OF each Of said
persons were obnoxious to the laws afore-
said, and that matter relating thereto was
prohibited from transmission through the
mails; that having formed an opinion as
aforesaid, it became the duty of said Tyner
to report the same to the Postmaster Cen
eral together with a statement Of the evil
dence upon which the same was based, and
a recommendation that the order issue to
prevent the further use of the mails by the
said persons; but that. disregarding his
duty aforesaid, by reason Of the conspiracy,
etc., hereinafter charged, the said Tyner
did not submit report Of the conclusion
and opinion aforesaid, together with a
statement Of the evidence upon which said
opinion was based, and did not recommend
the issue Of the prohibitory order afore-
said"
Charge of Conspiracy Made.
Following these Introductory averments
the charge Of conspiracy between Tyner
and Barrett is made.
Special Appeal Allowed.
In each of the cases a special appeal was
allowed from an interlocutory order of the
Supreme Court Of the District of Columbia
overruling demurrer to the indictment.
The indictments against Tyner and Bar
rett were found, as stated. under section
$40 r. S., which reads as follows:
IF two or more persons conspire. either
to commit any offense against the United
States or to defraud the United States
in any manner, or for any purpose,
and one or more of such parties do any act
to effect the object Of the conspiracy. all
the parties to such conspiracy shall be lia-
BILE to a penalty of not more than ten thou
sand dollars, or to Imprisonment for not
more than two years, or to both fine and
Imprisonment in the discretion Of the
court