Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-07
THE GRAND JURY.
IT INSISTS ON PROSECUTING THE AL.
LEGGED DELINQUENTs,
Despite District Attorney Burners AID.
vice as to the instability of
Some of Its Demands.


The committee representing the Grand
Jury appeared before the Board of Super
yisors again yesterday to renew the de-
mand for special counsel to prosecute the
cases in which the Grand Jury alleges
certain parties have been illegally paid
various sums of money for extra services,
etc.
Mr.. Boyne, of the committee, stated to
the Board that if allowed an attorney the
Grand Jury wanted him to do all the work
or none.
District Attorney Bruuer was present,
and replied that. unless the Board took
the matter out of his hands entirely, he
would not consent TO any such procedure.
At the last session of the Grand jury he
reported to that body certain cases in which
recovery could be had, and others in which
suits could not be maintained. He wanted
the jury to have each case considered
separately on its own merits, but they
would not consent thereto. The Jury then
demanded that he bring suits against all
the parties alleged to be indebted to the
county, which he declined to do. As the
law officer of the county, he was sworn
not to bring useless or unjust suits on the
part of the people; and, aside from that,
Ike knew, as a lawyer, that some of the
prosecutions urged by the Grand Jury
were not right nor legal. Yesterday he
had proposed to the Grand Jury that if the
Supervisors should see fit to employ coun-
sci to prosecute that class of suits they
might do so, but it would be against his
nd will
the other cases-those in which he be-
lieved the county could recover Judgment
he was amply able to attend to them
himself, and required no aid from special
counsel. OF the suits recommended by the
Grand Jury there were three in which he
was absolutely certain no action could be
maintained.
Mr.. Baker, of the committee, said that
Mr.. Bruner was absent most of the time
the Grand Jury was in session, and could
not be consulted.
This the District Attorney denied, and
mentioned the different occasions on which
he attended and consulted with the Grand
Jury.
Mr.. Baker said the jury wanted these
cases taken up, to see what could be done
with them. Some of those indebted to the
county have promised to pay. but haven't
as yet done so. The Grand Jury wanted
an attorney to take hold now and push
these cases. There had been some feeling
between the District Attorney and the
Grand Jury, and the result was that moth
ing had been done. If man was behind
he didn't want to press him, but was will
ing to give him time in which to pay up
Mr.. Bruner-"Do you know that to bring
suit against man would entail upon him,
if he lost, the costs thereof and penalty
of 20 per cent?"
Mr.. Bsker-"I do not"
Mr.. Bruner-"That is why these men
have been given time in which to settle'
Mr.. Boyne admitted, in response to an
inquiry from Mr.. Bruner that the Grand
Jury had instructed its Secretary to notify
the District Attorney that all those alleged
to owe money should be treated alike.
Mr.. Bruner said he asked the jury il they
proposed TO extend the time for payment
TO one person and refuse it to another. The
jury discussed the matter, and the next day
he heard that they had instructed theil
Secretary to notify him to give time in
cases where the parties expressed willing
ness to pay. That was only about month
ago. If the Grand Jury think they have
waited long enough, he could bring the
suits before tomorrow night. But with
the instructions of that body to bring the
suits recommended, he could not con
sGentiously comply. AS a lawyer, hs
knew there were no grounds of complain
against some of them. The Grand Jury
were right in extending the time as to those
who ale willing to pay. There was no in
territorial infraction of the law in any case
These men believed they were entitled Il
the money allowed them, and if not able tt
return it at once, they should be given
reasonable time in which to do it. He haG
reported against the demands made upor
A. ]. Johnston & Co., II. S. Croker d Co
and Coroner Clark, because there was M
possible ground of complaint, and suit
could not be maintained against those par
ties. As to the other cases, if the Crane
Jury think they have waited long enough
let them fix the date on which they wan
suits commenced, and it shall be done.
Mr.. Baker" All we ask is that the Dis
trict Attorney shall go on and collect all h.
can. When he finds he can get no more
then suits can be commenced"
Supervisor Bates-'If / were the Grant
Jury, | would instruct the District Attorne'
TO commence the suits in five days in al
cases where the money can be collected
When l got into the county they didn'
give me any time at all, but pushed the sui
against me. And, after l had defeate
them in two actions, PAID the $500, rathe
than pay ont more than that to stand a.
appeal to the Supreme Court and posi-
bic decision against the constitutionality c
the law under which the salary was pal
me-"
Mr.. Bruner-"If the Grand Jury will f
the time, l will give notice to these partie
to-day on what date the money must b
paid in
Supervisor Tebbets addressing the com
mittee)-"After hearing the statement {
the District Attorney, do you still insis
upon the employment of special cour
SELF"
Mr.. Boyne-"Thafs our instruction fror
the Grand Jury"
Supervisor Greer thought the matter wa
now better Understood. On the day befor
it had been made to appear that the Di:
trict Attorney had not been diligent in tn
matters recommended by the Grand JURY
But to-day Mr.. Bruner-in the presence
a committee of that body and the Super
visors-declares that he is ready TO CON
mence the suits whenever instructed b
the Grand Jury to do so. If anybody hs
illegally received any public money, Il
him be made to return il. 1t would NJ
be right to employ special counsel over th
head of the District Attorney, who is th
legal adviser of the Board of Supervisor
and does not recommend the employmer
of such special counsel in this matter. NJ
Bruner says he is ready to collect in ce
tain cases, and that is enough.
Mr.. Bruner-"In June last / placed
the hands of the Grand Jury copies of-nC
tees to be sent out to the parties said to
owing money to the county. Then tn
Jury decided to give these men time i
which TO pay up without suit, and cour
fernandez the sending out of the No
tees"
Mr.. Boyne did not think the records
the Grand Jury would bear out his CO
league, Mr.. Baker. and the District Alto
ney. and he had TO differ with them. NJ
Baker was a kind-hearted man, and ev
IDENTIFY desired to be easy with the delir
ouents, but the Grand Jury had desire
the District Attorney TO push these cole,
tons.
Mr.. Bruner said it would be simpl
matter for the Grad Jury to say whetht
or not they had given all the time they d.
sired to give. After all that had been sait
he did not even now understand the
wishes in the premises.
Supervisor Greer" Has this committe
full authority to represent the Gran
Jury?"
Mr.. Boyne-" Only in this matter
Supervisor Greer" Then you must hay
power to instruct the District Attorney
go ahead. Is the jury now in session ~
Mr.. Boyne--" Ii isl
Supervisor Greer" Then, why not E
and Law this matter before them and Il