Sacramento daily record-union., 1889-09-30
BRUEER'S REASONS.
THE DISTRICT ATTORNEY AND THE
LATE GRAND JURY.
He Submits to the Attorney~General a
Full Statement of the Facts
in Issue.

Full Statement of the Facts
in Issue.
Some months since the Grand Jury of
Sacramento county filed report directing
the District Attorney of this county to
bring suits against certain officers and
others to recover moneys alleged by it to
have been illegally drawn from the county
treasury. The Grand Jury subsequently
filed a supplemental report, excepting
therefrom certain sums drawn by certain
persons that were included in the first re-
port. In forming its judgment on both
of the reports the District Attorney was
not consulted as to whether or not the
same was correct No report of the Grand
Jury has been filed since March 18th of
this year. and it does not officially appear
that any further business has been done.
The opinion of the District ATTORNEY
being asked by the Grand Jury upon the
matters, he reported that he did not be.
lieve the suits could be successfully main.
tained by the county to recover back the
moneys. The Grand Jury sent commit
tee of its body to the Board of Supervisors
at its regular session in August, asking the
Board to appoint special counsel to con-
duct the said suits. The District Attor-
ney was present and signifed his willing
ness to bring test suit to determine the
matter, but with this proposition the Grand
Jury was not content.
District Attorney Bruner, desiring to re-
lieve himself from the responsibility, some
weeks since submitted to Attorney-Ge General
johnson full report of all the claims for
| moneys alleged to have been illegally paid,
as appeared from the second report of the
Grand Jury. and asked his opinion thereon.
The District Attorney said that he did not
believe the moneys could be recovered, and
the Attorney-General then asked him to
present his reasons for his opinion in. full.
On Saturday last Mr.. Bruner filed with
the Attorney-General the brief which is
given below. The Attorney General was
absent, and will on Monday next depart for
Washington, d. c., but the Deputy Attor-
ney-General informed Mr.. Bruner that he
did not desire to decide so important uues-
tons himself, but authorized him so saw
publicly that it was of very doubtful pro-
priety, under the law presented, to COM
mence the suits.
The opinion of Mr.. Bruner is herewith
presented in full. 1t is of much interest
not only to those persons affected in Sacra-
mento county, but to the county officers
and Boards of Supervisors throughout the
State:
STATEMENT OF FACTS.
The consideration of the county claims
against A. L. Frost, Assessor present for ex-
animation and solution all of the questions in
yolved in each of the cases against the county
officers submitted by me to you.
flrst-A claim was presented by the Assessor
to the Board of Supervisors of Sacramento
county, under Sections 1865, 3728 1898 and 1872
of the Political Code, and was by them audited,
settled and allowed, and warrant drawn on
the treasurer in favor of said Assessor, which
was afterwards by the Treasurer paid.
Seeond-The same course was pursued on the
claim OF the Assessor under Sections 1897 and
1861, Political Code.
These claims having been audited, allowed,
warrants drawn on the County Treasurer and by
him paid, can the county recover back the
moneys SO paid?
POINTS AND AUTHORITIES
The several counties OF this State as they now
exist, and such other counties as may hereafter
be organized according to law, are bodies cor
porate and polite, and as such have the power
specified in this Act and such other powers as
are necessarily implied. (Sec l COUNTY Gov
Act.)
Every county is a body polite and corporate
and as such has the powers expressed in the
Code or in special statutes and such powers as
are necessarily implied from those expressed
Sec. 40J Pols ode u
To do and perform all other acts and things
required by law not in the Act enumerated, or
which may be necessary to the full discharge of
the duties of the legislative authority of the
Gov. Act)
Every other sum directed by law to be raised
for any county purpose under the direction of
the Board of Supervisors or declared to be a
county charge. (Sec. 4344, Sub. 10 Pol. Code.l
The Boards of Supervisors in their respective
counties have jurisdiction and power under
such limitations and restrictions as are provided
by law.
To examine, settle and allow all accounts
legally chargaole against the county except the
salaries of officers, and order warrants 10 be
drawn on the County Treasurer therefor (Sec
25. Sub. II. County Gov. Act.)
To fix the compensation OF all county officers
not otherwise in this Code or by general or
special law fixed, and provide for The payment
of the same, Sub. IS, Sec. 4046, Pol Codej
Also, to do and perform all other acts and
things required by law not in this title enum-
Grated. Sub. 26, Sec. 40i6, Pol. Code}
Supervisors must contract for
First-All county printing. (Sec. 4O47, Pol
When Board must not allow claims or con-
tract debts. (Sec 1910, Pol. Code)
Duty of Board-The Board must require the
Assessor to report to the State Board of Equali-
zation annually true statement OF the agricult-
ural and industrial pursuits and products of
the county, etc. tSec. so, County Gov Act
Sec. 408l, Pol. Code)
this Act are hereby repealed. (Sec. 25I, County
Gov, Act.)
Duties of Assessor-The Assessor must per-
form such duties as are prescribed in little TX
Part III of Pol. Cod. (Sec l53, County Gov Act
Sec. 43 20 Pol. Code)
Assessors to enroll persons subject TO military
duty. tSec. 1897, Pol Code.)
Comp ensation for above duty (Sec 1901. Pol
Code)
Among the duties prescribed by Title 9 Part
., Pol; Code for the Assessor to perform are
those laid down by Sec. 1865, Pol Code; also
Secs. 372S and 1882, Pol. Code Compensation
is provided therefor in Sec. 1898, Pol. Code.
All OF above sections are found in Title 9
and 1901.
In counties of the fourth class, county officers
shall receive as compensation for the services
required OF them by law or by virtue of their
Office the following salaries to wit The AS
SCISSORS 5000 per annum. (Sec. 166, pg. 1S6,
Statutes l,So7.)
The salaries and fees provided in this Act
shall be in full compensation for all services of
every kind and description rendered by the
officers therein named, either as officers or ex
otticio officers, their deputies and assistants.
unless in this Act otherwise provided and All
deputies employed shall be paid by their prin-
clpais out OF the salaries hereinbefore provided
unless IN this Act otherwise provided.
Ihen follows Assessor proyiso and other pro-
yisos.
And provided further tn at whenever in the
opinion of the Board of Supervisors the salary
OF any county officer in the fourth class as fixed
and provided in this Act is insufficient to pay a
reasonable compensation for the service re-
quired TO be performed the said Board shall
allow such oihcer deputy or such number Cf
deputies as in their judgment may be required
to do the business OF such Office in connection
with the principal, at salary not to exceed
slOO per month, 10 be paid at the times and in
the manner that SAID principal is paid
Proviso affidavit whenever the salary
or compensation of any officer
is increased or Diminished by the terms OF this
Act, the provisions hereof so increasing or di.
minishing such salary shall not apply 10 or
effect present incumbents, unless where other
wise in this Act expressly stated. (Am 1887, D.
207, amending Sec. oil. Comfy Gov ActD The
salaries and fees provided in this Act shall be
IN full compens alton for all services of every
kind and description rendered By the officers
therein named, their deputies and assistants,
and ell deputies employed etc.
Same as above, 1887, except proviso for aifida-
Wit. (s:st. 1885, p Is, Sec. I'll, County Gov.
Act)
The first question that presents itseIfis: Docs
the County Government Act present q complete
scheme for county government in this State?
That 1t does not, although ii was the intention
so to DO. is obvious from cursory examination
OF 1t, A single example will sufice. II Is made
the duty of the County Assessor 10 perform Ger
tain acts by Section 1897 of the Political Code
Section 30, County Government Act SAYS that
the Assessor shall perform such duties as a,e
prescribed in . tie TX, Part III of Political