Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-07

which actions could be maintained. He
was willing 10 make formal demands for
the money, if the Grand Jury desired it.
but he could not honestly, nor under his
oath of office, prosecute suits that he knew
TO be illegal and useless.
Supervisor Ross-"You don't want to
bring on litigation where you are satisfied
you cannot maintain an action-is that it?"
Mr.. Bruner-"Yes. that's about it. can
not maintain an action in cases which
have already reported against"
Mr.. Boyne-" The jury rests its claims
upon the opinion of Judge Armstrong,
While he holds as hesdoes, the Jury will
insist on its demands"
Supervisor Tebbets Ito Mr.. Bruner)-" If
suits were brought against Johnston & Co .
Croker & Co., and County Coroner Clark,
and lost by the County, would the defend
ants have grounds for damages"
Mr. Bruner-"Not exactly, but they
would have Judgment for the costs in
cured
Mr.. Boyne-" Well, what does the Dis
trict Attorney say he will do in the matter"
Mr.. Bruner-"In the cases which have
reported against, and do still-as lawyer
and the county's legal adviser, advise
against will make q formal demand for
The sums claimed by the Grand Jury, and
in the other cases am willing to push the
suits if the Grand Jury think they have
waited long enough. But, right here, l
beg to differ with the juryman who says
they are following Judge Armstrong; ad-
vice in the matter. The Judge had not in
vestigated all the facts when he rendered
his opinion twenty-four hours after the
Grand.Jury's report was laid before him.
He said that if the facts were so and so
certain results could be made to follow,
but the facts are not such as he had been
led to believe. His opinion was only a
hypothetical one, and my personal investi-
cation of the cases has satisfied me that
no grounds exist for bringing suits in some
of the cases recommended by the Grand
jury
Supervisor Bates-"Why not go ahead
and push the suits that you consider can
be maintained, and then if the others re-
fuse to pay, cannot the Grand Jury prose-
cute them by special counsel, if they see fit
to do SOP"
Mr.. Brunette be sure. But up to
this time the Grand Jury has wanted to
give them time to come forward volun-
tarily and repay the money. If they have
got through waiting, and want these suits
pressed, can start them tomorrow"
Supervisor Greer said he did not regard
it as good hnanciering for the county to
spend good money in doubtful attempt
to regain an equal sum of bad money. If
there is anything legally due the county
and there is reasonableshow to recover it,
he was willing to vote the necessary out
lay, but was opposed to any foolish ex-
penditure of money in litigation that did
not promise good results.
Supervisor Tebbets said it worked a Sc
we're hardship on persons who had rem
dered the county valuable service, under
the instructions of the Board of Super
Visors, to prosecute them to recover the
money paid for such services. There may
be some law for it, but there certainly is no
equity, and in his opinion such prosecu-
tons would work great injustice to inno-
cent palties.
Supervisor Bates thought that possibly
the Board had made some mistakes. For
instance, more copies of the Great Register
were ordered than it afterwards appeared
were needed, and hence the printing bill OF
Johnston & Co. was large. But if the
Board, even through its own error, orders
something done and pays for it, that ends
it; the county can't collect the money from
those who receive it.
Mr.. Bruner-"There is a long line OIL
Supreme Court decisions, running back for
thirty years, On this point You can't col.
lect dollar paid out in that way. If the
Supervisors have power to order work
worth $40, and pay out $1,000 for it, the
county could not collect the 1890 over
paid"
Supervisor Tebbets-"Superyisors are no
responsible for all the supposed extrava
gance. The last Legislature made one Law
that will double our election expenses
Under it no polls can be held in saloor
building, ard the owners of all other build
ings charge about two prices for their prem
Uses"
Juror Runyon-"You have to go out
side the city limits to find polling places.
Mr.. Bruner-''If can possibly find new
light in this matter that will warrant MI
in pushing suits against the parties reported
against by the Grand Jury. l will do So"
Supervisor Bates Ito juror Boyne)-
''Then you withdraw your demand for tn
special COUNSEL"
Mr.. Boyne-"Yes, until after the 18th.
This ended the matter, and the commit
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