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Show Uluc Correspondence !laJe Public, osevelt Acquiesces in the Finding of the a Declines, However, to Comply Tith Bequest of Former Official, rjid Gives Reasons Wliy. ASHIKGTON, Oct. 20. By dir:c-of dir:c-of the President,' Secretary Loeb snlay sent to James N. Tyner, the ier Assistant Attorney-General for postofflce department, a letter in t to Mr. Tyner's letter dated Octo-I, Octo-I, and made public last night. The r says that the question of air. .r's guilt on the criminal charge on h he was tried has been passed i by a Jury and the President ac-sces ac-sces In the Jury's finding but the tee "seems to him overwhelming j-ou (Mr. Tyner) were guilty either loral obliquity in performance of or" of the grossest inefficiency." What Letter Contains. : 'iwhlte House, Washington. D. C. Oct. 28. (K.-S!r: The President has received this soralcg your letter dated October S, wrll-ktf wrll-ktf Id answer to my letter of June SI. 'V 1 UchI havo never mado public, although ' waiM ma,t4 pubile your own letter which : it u?rcred. In your present letter you for m inln claim that a wrong has been done Hcrlj: nz, ana ask that it bo righted. As you It'ii wout of office, the righting of the wrong j Cit smH only be effected by your reinstatc-uat reinstatc-uat to ofnee, or a declaration by the IfaWk Preildtn that you wore Innocent. The PrtsUent Instructs mo to say to you that ife memorandum to which you take c-x-HT3 Xtflon ma written when three indlct-U4ta indlct-U4ta itjts acalnst you had been returned by mlufc F lur" lne rePrt of JIr- Brlstow ,7? iirinj been submitted to Messrs. Bona-iu Bona-iu la j and Conrad, and the action taken Her ilnst you by the Department of Jus-eim,! Jus-eim,! it being on tho recommendation of . burs. Bonaparte and Conrad. Reference to Tyner's Office. no fa ,1 v (V lln. his memorandum tho President re-7," re-7," itfred to your office as follows; "The ln-iflMa ln-iflMa itiUsatlon discloses a condition of gross inlnb nmiptlon In the office of the Assistant Mtorntr-Gent-r.il for the Postofflco dc- Wrtracnt, In the case of Assistant At- rr.ty-G neral Tyner the misconduct has p . ie on for n number of years, but It Is u&M upojslble to say exactly when It began. . Tho three chief offenders in the orernment service were Tyner, Machcn Iid Beavers. Friends of Tyner have ad-cccd ad-cccd the theory that In his case tho HI offender was really his nephew by irrlasje (Barrett), who "was his assistant ofdee for a part of the term, and that rr.tr"a offenses were due to his falling illy and mental powers. Tho facts set rth In Mr Brlstow's report do not tend substantiate the validity of these t-x-Ki for Tyner. while they show literally itoucdlnfr misconduct In Barrett. . . . i the office of tho Assistant Attorney-aenil Attorney-aenil for tho Postofflco department, wtr Tyner rnd Barrett, far greater rtmj was inflicted upon the public than old be mD38urcd by a pecuniary stand-u, stand-u, form this office the corruption of ihc omnment officials took tho form of fa-rir.g fa-rir.g gei-rlch-qulck concerns and similar ilndllng schemes; in other words, tho imlnals whom It was the sworn dutv of it Government officials to prosecute, iM them for permission to tleeco tho pub-: pub-: unmolested." As to Verdict of Jury. Of the criminal charges on which you ivb been dec arcd Innocent by a Jury In rourt of law. the verdict Is final as re-pas re-pas all citizens, Including the President, pere Is. however, a wide difference herein he-rein mltconduet which Is criminal and tawed such by the courts, and mlseon- i duct which, though it does not render the wrongdoer liable to tho criminal law, yet requires hl3 Immediate separation from the Government service, and Justifies his severe condemnation by tho general community com-munity on moral grounds. You wcro acquitted ac-quitted of conspiring with Barrett to do certain criminal deeds. You wcro not acquitted ac-quitted of doing tho deeds. That those., gct-rlch-qulck concerns which employed Mr. Barrett were Improperly Improp-erly favored In your office seems to admit of no doubt. In the case of the Arnold turf concern, whore Mr. Barrett received J6000. a committee of tho Missouri Senate which Investigated the matter In March, 1903, reported as follows, after commenting comment-ing upon a report of the postofflce Inspector In-spector adverso to tho concern In question: ques-tion: Inspector Overruled. "That the ruling of the department was not In accordance with his recommendation; recommenda-tion; that from the evidence It appears that the department at Washington, by some process or other unknown to your committee, overruled the recommendation of the Inspector, dismissed the case pending pend-ing against these companies and they were allowed to proceed with their process pro-cess of absorbing the people's money. Had the department at Washington acted promptlj and properly upon the recommendation recom-mendation of tho Inspector, millions of dollars would have been saved the people of the State of Missouri and othor States." Secretary Loeb's letter recites the connection con-nection of Barrett, Tyner's nephew, with tho revocation of fraud orders, and declares de-clares that the record warrants the statements state-ments that "your (Tyner's) removal was Imperatively demanded In tho Interest of honest and efficient government" Tha letter continues: Alleged Burglary Cited. "There are certain matters which could not come before the Jury which nevertheless neverthe-less It was and Is necessary for tho President Presi-dent to consider when you request him to taite any action looking to the rehabilitation rehabilita-tion of your character. One of thcBe is the burglary committed by Mrs. Barrett. Mr. Barrett's mother, nnd by Mrs. Tyner at your direction. Mrs. Tyner came to the Postofflco department, entered your private room In the office, and then admitted ad-mitted Mrs, Barrett and a safo expert and tho three then rifled the safe. The Department of Justice has never been able to know exactly what documents wcro at that time abstracted from the safe. The President has the right to as-aume as-aume that they would not have been abstracted ab-stracted In this manner bad they not been of a character such as would gravely In-crlmlnale In-crlmlnale you nnd Mr. Barrett As regards re-gards this and all the other actions, tho President was at one time Inclined to excuse ex-cuse you on the ground of your falling powers, but as you made common causo with Mr. Barrett It was dlfllcult to sco how thl3 excuse could bo put forward. "Moreover, certain otner actions wi. yours wcro brought to the President's attention at-tention which seemed to show 6uch gross lack of the senso of official propriety on your part as not to warrant him in making mak-ing a presumption in your favor. For instance, in-stance, on March 29. 1902, you. writing on the paper of tho office of tho Assistant Attorney-General for tho oPstofflco department de-partment to tho postmaster at Portage, Wis., asking that your daughter bo retained re-tained in tho Portage postofflce, wroto In part as follows: Cites Letter From Tynor. " 'But I don't want my daughter to remain re-main at Portage except with your fun acquiescence. 1 can secure a transfer for her to probablv any other office I may select In fact." one of two such transfers are arranged for and are held in abeyance. abey-ance. If sho goes elsewhere, the money that pays her salary will go to the offlco to which sho shall bo transferred. If she remains at Portage I shall add slightly to the salary and of course securo an addition ad-dition to the allowance- for salaries at the office to pay the Increase. The allowance to pay her present compensation le made specifically for her by name, as would bo an addition to the same. " 'I thought It proper to write you thus franklv before you take the oath of office. of-fice. Up to the close of department hours yesterduv (Saturday) no official notice of vour confirmation by tho Senate had been received Therefore, there Is ample tlmo to receive your reply hereto, which I have the honor to request may be given promptlv. Hoping to know you percon-allv percon-allv In a short time, and to be able to do you official favors-Holds favors-Holds Bequest Improper. "This request was a grossly Improper one lor a man In your position to make of a postmaster and your letter certainly Implies Im-plies that favors may bo given or withheld with-held In the discretion of tho man making tho request." The postmaster at Portage, according to Secretary Loeb's letter, declined to make the arrangement proposed, and Miss Tyner Ty-ner was transferred to Chicago and the position she held at Portago abolished and no appointment to the vacancy mado. "It appeal's clear," says Mr. Loeb's lotler. "that you were keeping your daughter In the postal service simply for tho aako of giving her the salary, and that when sho did not occupy the position Is was not doomed necessary to fill It at all, and you actually called the attention of the postmaster post-master at Portago to this fact In order to Induce him to retain your daughter, pointing point-ing out to him that, as actually happened, he would lose the appropriation for the position unless he acted as you desired. "On April S of the same year you wrote to the postmaster at Ware, Mass.. requesting re-questing that ho anpolnt one Cora Wat- son as a clerk In his office on condition that ho was provided with an allowance to pav her salary. In this letter you. tho law o'fficer of the Poslofllco department, deliberately Instructed tho postmaster to violate the law by appointing Cora Watson Wat-son In tho Ware poatoftlcc. whore her services ser-vices were not needed, subsccjuently to the office having been classified The furtlvo ness of your action is shown by this statemont In your letter to tho postmaster: postmas-ter: " 'You can do as you wish about giving out the Impression that. she Is there as a representative of tho Postofflco department depart-ment to assist in the establishment of frco delivery. It Is only frank, however, to say that she Is not a postofflce expert.' -"It was not a bona lido appointment, but ono designed Improperly to get M!ss Watson In tho classified servlco. When tho postmaster objected, you nssumed an offended tone In your letter to him of April M. asking him why ho wished so much 'coremony' and why he was 'tlmul' In tho matter, assuring him that the appointment ap-pointment was proper and correct nnd warranted by law. because you were the law advisor not only of tho Postofflce dc-parcmcnt. dc-parcmcnt. but of the entire postal service, and yet you could not possibly havo been Ignorant that the transaction was an illegal ille-gal one. Cannot Comply With Request "For the reasons above set forth the resident regrets to have to Btato to you that he cannot comply with your request. re-quest. The question of your guilt on tho criminal charge on which you were tried having been passed upon by a Jury, the President, of course, acquiesces in Us findings but tho evidence seems to him overwhelming that you wero guilty cither of moral obliquity in the performance perform-ance of your duty, oi of tho greatest inefficiency. in-efficiency. Very truly yours. "WILl-lAM LOEB, JR.. "Secretary to tho President." Tyner Makes Statement. Mr. Tvner tonight Issued a statement to the Dubllc In which ho ufllrmed that the President had misstated facts In tho letter made public today. He declared that tho statement that he favored Mr Barrett's clients was untrue and that the records showed that In about about twenty Instances where Mr. Barrett had presented plans of business for rulings they were In most cases passed on by Ty-rcr'a Ty-rcr'a assistant and subsequently approved ap-proved by tho Attorney-General. The allegation that his wifo had committed com-mitted a burglary at tho Postofflco department, de-partment, Mr. Tyner said, was "as unmanly un-manly as It was uii.1ostine.-V Mrs. Tyner's Ty-ner's visit, ho said, was In office hours, and was perfectly open, and she 4ook nothing from tho safo except hlu prlvato papers and a batch of semi-official papers, which he returned at once, and also sent tho private papers tc tho Postofflco department de-partment for examination, nlthough they conHlstcd of nothing except letters and plfts to his wife. Ho denounced no Indefensible In-defensible tho suggestion that somo Incriminating In-criminating papers wero in tho safe. As to tho Letters Cited. In conclusion tho oiatemert says: "Half of tho President's letter lo devoted to extracts from correrpondence with certain cer-tain postmasters relative to two appointments appoint-ments and comment!' thereon. These appointments ap-pointments were entirely in accordance with tho law and civil service rules, nnd my letters speak for themselves," Mr. Tvner closes his statement by saying1 say-ing1 "Tho President has not seen fit to do right, to give a 'square deal." It la to his detriment, not mine." The acts for wh'ch Mr. Tynor was placed on trial were alleged to have taken place while he was Assistant Attorney-General for iho Poslofllco department, depart-ment, from which office, no tho result of the general investigation of the postal "service- he was removed l. April, 1903, following tho talclnr of papc-s from th safe In that office by his wife. Mr. Tynor twice held tho office of Assistant Attor-ncy-Goncrnl. having been "ucc First Assistant As-sistant Postmaster-General, and was Postmaster-General under President Grant. Ho was niso n postofflce Inspector under Llncoln'H adnSnliUran, and afterward af-terward wjs elected a member of Congress, Con-gress, where ho servr d for several years, and was on tho Committee on Postofllcea and Poatroada, |