The morning call., 1891-03-25

tive than 10 promote the public welfare, there
fore the charge Of accepting bible does mol lie
against him.
cit is in evidence that Mr.. Bruner admitted 10
his brother. when they were in the library office,
that the certificate was, as he supposed. 4 part
OF the scheme TO entTap him; So that lie had
received some money In connection with the
affair with the Examiner or its reporters. The
evasIve answer gwen 10 reporters by MIR. Bruner
might lie explained fIOm the fact that lie was
not fully aware Of the method OF attack which
had been made upon him, or was uncertain as to
how he would meet II.
I'VE find from The evid nee that Mr. Bruner
suspected that the certificate OF deposit was
probably portion OF tile Examiners plan 10
ensnare him, and thar lie was Keeping his own
counsel with regard TO the mat er aud avail Ing
results In a contest between himself and That
paper. There Is considerable evidence that goes
TO prove that Mr.. BruEePs purpose was 10 get
even with the Examiner in Its efforts 10 entrdp
him The fact that he had be II warned but
few days before that mere was something Drew
ing In tie newspaper caldr0n WIN regard 10
police appointments 10 San Franchises; the TACT
that he had spoken 10 bis brother and Judge
Armstrong with regard TO the matter; the fact
that the transactions In the library were FRIED
Oh without any particular effort AZ cOucellment;
the FACT That Mr.. BruneE told his brother on TWO
occasions that lie considered tie certificate OF
deposit 10 have been given him IN connection
with tile Examiners scheme. about which they
had conversed on previous OCCASION the fact
that lie must have known that the bank certih-
cate could be easily traced 10 him IN case there
WAS snare laid 10 entrap him; The fact that
he deposited the balance-S250-wlth State
Printer JOhDsOns Instead of putting II III his own
pocket. and told him that he would explain the
circumstances later, when he well knew that
Johnston might nave had Ills suspicious aroused
by what occurred in the library otic. the pre-
Yous evening, and he further fact That he is
man Of more than ordinary Intelligence ana
sagaCty, all cOuSplTe TO render Il doubtful that
the real purpose in Burners mind was 10 appTO-
prate the money 10 his own use.
1--WE also find that, In The event that the certih-
cate should prove to be good aud given 10 good
faith, MI. Bguner might nave kept tile $3.50, or
have returned it 10 The mau who obtained IL from
lie bank, at his option. We do not thlnk mat
Mr.. Leake was liable 10 lose $500, even II Mr..
Burners theory Of Tue certificate being i forgery
was correct. Adopting Mr.. Burners theory, we
would hardly exp CT that lie would sacrilce The
$3.50 that he gave Beau unless lie thought that
he could prove against the Examiner case OF
conspiracy. In such All event II Is probable That
Mr.. Leake would have no ground Of Otiease.
- We do not Thick 1t strange that MI. Bruner
did not proclaim the whole matter to the Assem-
bly, at once, II he were innocent OF The intent TO
appTOpTi te The money TO MS own use. HAD ne
done so how could the transaction have been
traced TO the Examiner? Mr. Stlllwell testified
that lie went under an assumed name aud affixed
All assumed name to the ceriIncdte OF deposit
when he indOrsed IL, and In every way tried 10
conceal his Identity and connection with The EN-
amiuer II ad the matter been published 10 The
world by Mi. Bruurr on the Wednesday follow
Ing the evening Of the transaction II is probable
that The Examiner would never have been known
IN connection with tile affair, unless ferreted out
by skilllul detectives; and had the Examiner
been aware that tile certificate had been through
Mr.. Ledke'S hands without beng ihdOrssd by
lied with Mr.. Johnson, It Is likewise probable
that the Examiner would have hestated 10 make
The publication that IL did with regard to tue
matter.
considering all the evidence in the case we
cannot but entertain Il reasonable doubt as 10 tue
charge that Mr.. Bruuer Intended To appropriate
the money TO his own Use. such being the case
we desire to give the accused the benefit OF The
doubt. But IN DOING 50 We would charge MN
with culpab'e negligence in failing 10 contde the
whole matte: TO some OF his many friend IN the
Assembly. Furthermore, he IS deserving OF the
censuIe OF this Assembly Ia not hdYng secured
himself and Inc body of which he Is i member
against tie scandal which has been spread
broadcast over the state"
The report is signed by j. G. Mccall, T II.
Barnard aud W. II. IiIibTaitu. GalbTaItn Is the
author OF II.
READ AND ADOPTED.
Bruse OF Sacramento moved that the report
be read and adopted, and his motion VAS carried
In sweet fOrgeuuluess OF The fdct that Tue ma
joriiy report, presented three days ago had not
been re nor printed IN the journal.
BedsOe protested against the leceptlOn OF the
minority report, In which the testimony addueed
had been ignored, but no attention was pad 10
him and the "wnllewIsh." which really injured
BruneT more than lie was iuju eq by the ma jOT-
lily report, was adopted by lie following vote:
Ayes-AeXander, Barnard, Bunett of san
Francisco, Bainett of SOnOma, Beecher, Brown,
BTusle Bryant, CItgil, Clark, Culver Cunning
ham, Daily, Dennis, Dlbble, Dow, Burner, Esley,
Galbrath, Glynn, Hawley, Hayes, Hooking,
Hoey, Johuson, jones, Lewis, Lowe. Lux.
lbs, Smith Of Butte, Steltz, StuIteVAnt, Tennis,
Weston, YounG-4O.
NOes-Arms Baughman, BledsOe, Dunn, Free
man, Carver, Gordon, Gould, Hunewill, jack
son, Kellogg. Martin, Mathews. Mordecal, Rem
fro, Rice, Robertson, Shanauan, Smith Of Or
ange StableT-20.
Excused-Doiy and Speaker McCoombs.
POLICE PENSIONS.
The Police Pension BIZ was passed this morn
ing. Ii provides that The Chairman OF The Board
OF Supervisors OF the county, city aud county,
city or INCORPORATED town in which there Is no
Board OF Police Commissioners, The Treasurer
OF the county, city aud county, or Incorporated
town, and tile Chief OF Ponce aud their success
sOrs III office hereby constituted a Board of
Trustees Of The Police Relief or Pension Fund
OF the Police Department 10 provide for the dis
DuToemeut OF he same aud 10 designate the
benenclaIteS thereof, as hereinafter dITec ed,
which board shall be known the Board OF
Police Pension Fund COMMISSIONS 81 provided,
however, that where there ~ IA any county, city
and county, city town Board OF Police Com
missloncrs, then such BODY shall constitute said
Board OF Trustees of the Police Relief and
Pension Fund OF the Police Department.
They shall organize "a such board by choosing
one OF their number as Chairman and by appoint
lug Seer etary. The Treasurer OF the county,
Ct y and county, city or town shall be ex-Utticlo
Treasurer OF SAID fund. Such Board VI Trustees
shall nave charge OF aud administer said fund,
aud TO order payments heTeirOm IN pursuance OF
the provisions Of This act They shall report an
nuailY, iu IN. month OF june to the Board of
Supervisors or other governing authority OF the
county, city and county, city or INCORPORATED
town The condition OF the Police Relief aud Pen
sion Fund, and tie receipts aud disbursements
on account OF the same, with u fun and complete
list oil the benehciarles Of said Iund aud The
amounts paid them.
WILL BE LESS TRAIN-wRECKING.
The bill making train-wrecking a capital
ofiense was passed his morning.
Senator Berry's Registration Bill was passed.
1t requires the Registrar OF Voters To show for
each person registered: l. The name al length;
2. The age, emitting fractions OF years; 3. Tie
height; 4. The complexion; .. The color vi eyes;
6. The color oil hair; T. Ine visible marks or
scars II any aud locaiity; s. Tue country OF
nativity 8. The place OF residence giving tile
ward or preclncD; 10. III natnrallzed, the tine
and place OF naturalization; III. Tue date of
Tue entry OF each person, eacn name NUT bc
numbered In the order oil It's entryi ". The
PUstotlce address Al date OF entry Of each per
son.l
- SKILLED" LABOR AT FOLSOM.
The Springer Clam Bill anu the bill appropri-
ating $500 FOR the purchase of land adjacent to
San Quentin Prison have Ueen passed
The ole bill TO APPROPRIATE $4,000 TO pay the
" skilled wolkmen who built the Folsom dam
was also passed, III spite OF the fact that II was
shown that tile work was done by convict labor.
The bill 10 establish court OF claims came up
In the Assembly yesiei day afternoon. aud was
warmly advocated By Btuner and others, who
Claimed that It's passage would put an eud 10 the
presenting of claims to the Legislature. Speaker
Coumba took the floor againS the bill. He began
by nlinaiiug that his political career was ended.
lie said that lie would never again speak for or
against bill on tue EOOr of he Assembly but
lie would speak against that bill, because ii
made The STATE liable for damages The bill WAS
defeated By an oYer "heImlng majority.
The Assembly has passed Tie Senate bill en-
towering The Board OF SttIe Harbog Commits SION
ers TO rectify the alignment o. East street from
Pacific 10 Market III The city and county Of San
Francisco, aud TO sell, acquire aud condemn
adjacent property. The bill providing for The
establishment OF free library IN every county
Of The State was defeated.
OF INTEREST TO BLYTHE LAWYERS.
The Legislature has passed the following Dill
OF great importance 10 the lawyers and tie
others who Interested In tile Blythe case.
Tie following presumptlOnS aud no others are
deemed conclusive:
tirst-trUm lie delIberauon aud the commits
sion OF an unlawful act for The purpose OF ln-
turiDg another comes the presumption OF ma
liciuus and guilty nteut.
Spennd-A written Instrument hnfMepn the