Elwood Bruner
Encyclopedia
Elwood Bruner was a California State Assembly
man in the late nineteenth century.
, to Joseph Asbury Bruner, a Methodist minister, and Margaret Morris Bruner and in 1856 went with his family to Marysville, California
. In 1863 and 1864 Reverend Bruner was preaching in Sacramento
. Young Elwood graduated in 1874 from the University of the Pacific, when the campus was in San Jose
. He then studied law in the office of Moore, Laine, Delmas & Leib, and in April 1877 he was admitted to practice before the State Supreme Court. In 1881 he became a partner with W.A. Cheney. He became Grand Master of the Stanislaus unit of the International Order of Odd Fellows in May 1887. He was married to Lillian J. Flint in March 1880; they had three daughters. He died in February 1914 or on January 15, 1915, in Byron Hot Springs, California.
, and in 1883 he was elected to the board of directors of the Sacramento public school system. He was elected district attorney
of Sacramento County in 1886. A Republican, he was chosen for the Assembly again in November 1890.
In his first session after he was seated, he introduced bills that would (1) "appoint an inspector of petroleum or any product of it used for illuminating" and (2) give Boards of Supervisors "discretionary power to increase the police force and Police Commissoners to appoint." He was also made chairman of the Assembly Judiciary Committee. Bruner's police-force bill, which would have a major effect on the City and County of San Francisco, passed the Assembly on February 13.
In March 1891, the San Francisco Examiner published a story alleging that Bruner was promised he would be able to appoint six San Francisco policemen for his aid in pushing through the police-force bill. The allegation was made that Bruner received the sum of $400 from one Thomas Stoley for the Assemblyman's recommendation that Stoley be appointed to the force.
In a dramatic scene on March 6, 1891, in the midst of a packed State Assembly chamber — even the State Senate had adjourned its session to allow members to view the proceedings — the 36-year-old Bruner denied the accusations and instead charged Andrew M. Lawrence, the Examiner's Sacramento reporter, with attempting to blackmail him. The Assembly voted to establish an investigative committee, and Lawrence said he would be relieved of his duties by the Examiner, at his own request.
The next day, another Examiner reporter, E.J. Stillwell, filed a suit in San Francisco stating that he himself had played the part of Thomas Stoley and had paid Bruner $400 for a job on the police force but "the lawmaker has failed to keep his contract and deliver the position."
Two weeks later, after a series of hearings, an Assembly investigating committee submitted both a majority and a minority report. The majority document, signed by members A.J. Bledsoe, A.J. Jackson, F.H. Gould and John R. Mathews, found Bruner had "the intention of selling a position on the police force of San Francisco and appropriating to the use of himself and accomplices the proceeds thereof." During the session, the Assembly dissolved into "the greatest confusion," with Bruner weeping and Speaker Frank Coombs
splintering his gavel "in a wild attempt to restore something like order, and several ladies were borne from the chamber in a fainting condition."
On March 24, however, the Assembly, by a vote of 40-21, rejected the majority report and adopted the minority report, which cleared Bruner of any wrongdoing except "culpable negligence in failing to confide the whole matter to some of his many friends in the Assembly" and opined that "he is deserving of the censure of this Assembly in not having secured himself and the body of which he is a member against the scandal which has been spread broadcast over the State."
The Examiner returned to the attack in June 1891, claiming that Bruner had been promised $1,000 by "ticket brokers" for his help in squelching a bill "designed to abolish the ticket-scalping business." And in October of that year Bruner was indicted by a San Francisco grand jury
— one count of perjury
committed while giving testimony and the other of malfeasance
in office, in connection with a claim by a San Francisco ticket broker that Bruner, "in connection with McCall of Alameda" had attempted to blackmail him out of $1,000. The prosecution failed, however, when the State Supreme Court ruled that the grand jury had been improperly chosen. A new grand jury was impaneled in January 1892 but was discharged in April when it could not agree on what to do about Bruner.
In April 1892, however, warrants were issued in San Francisco on the complaint of John P. Dunn charging Bruner and former Assembly member J.E. McCall with asking a $1,000 bribe from Adolph Ottinger, a "ticket scalper," to defeat an Assembly bill titled "An Act to Prevent Fraud on Travelers." After trial, the jury disagreed, and in February 1893 a judge dismissed all charges in the case.
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
man in the late nineteenth century.
Biography
Bruner was born September 27, 1854, in Zanesville, OhioZanesville, Ohio
Zanesville is a city in and the county seat of Muskingum County, Ohio, United States. The population was 25,586 at the 2000 census.Zanesville was named after Ebenezer Zane, who had constructed Zane's Trace, a pioneer road through present-day Ohio...
, to Joseph Asbury Bruner, a Methodist minister, and Margaret Morris Bruner and in 1856 went with his family to Marysville, California
Marysville, California
Marysville is the county seat of Yuba County, California, United States. The population was 12,072 at the 2010 census, down from 12,268 at the 2000 census. It is included in the Yuba City Metropolitan Statistical Area, often referred to as the Yuba-Sutter Area after the two counties, Yuba and...
. In 1863 and 1864 Reverend Bruner was preaching in Sacramento
Sacramento
Sacramento is the capital of the state of California, in the United States of America.Sacramento may also refer to:- United States :*Sacramento County, California*Sacramento, Kentucky*Sacramento – San Joaquin River Delta...
. Young Elwood graduated in 1874 from the University of the Pacific, when the campus was in San Jose
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...
. He then studied law in the office of Moore, Laine, Delmas & Leib, and in April 1877 he was admitted to practice before the State Supreme Court. In 1881 he became a partner with W.A. Cheney. He became Grand Master of the Stanislaus unit of the International Order of Odd Fellows in May 1887. He was married to Lillian J. Flint in March 1880; they had three daughters. He died in February 1914 or on January 15, 1915, in Byron Hot Springs, California.
Political career
Bruner began his political life in 1879, when he was elected to the California State AssemblyCalifornia State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
, and in 1883 he was elected to the board of directors of the Sacramento public school system. He was elected district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
of Sacramento County in 1886. A Republican, he was chosen for the Assembly again in November 1890.
In his first session after he was seated, he introduced bills that would (1) "appoint an inspector of petroleum or any product of it used for illuminating" and (2) give Boards of Supervisors "discretionary power to increase the police force and Police Commissoners to appoint." He was also made chairman of the Assembly Judiciary Committee. Bruner's police-force bill, which would have a major effect on the City and County of San Francisco, passed the Assembly on February 13.
In March 1891, the San Francisco Examiner published a story alleging that Bruner was promised he would be able to appoint six San Francisco policemen for his aid in pushing through the police-force bill. The allegation was made that Bruner received the sum of $400 from one Thomas Stoley for the Assemblyman's recommendation that Stoley be appointed to the force.
In a dramatic scene on March 6, 1891, in the midst of a packed State Assembly chamber — even the State Senate had adjourned its session to allow members to view the proceedings — the 36-year-old Bruner denied the accusations and instead charged Andrew M. Lawrence, the Examiner's Sacramento reporter, with attempting to blackmail him. The Assembly voted to establish an investigative committee, and Lawrence said he would be relieved of his duties by the Examiner, at his own request.
The next day, another Examiner reporter, E.J. Stillwell, filed a suit in San Francisco stating that he himself had played the part of Thomas Stoley and had paid Bruner $400 for a job on the police force but "the lawmaker has failed to keep his contract and deliver the position."
Two weeks later, after a series of hearings, an Assembly investigating committee submitted both a majority and a minority report. The majority document, signed by members A.J. Bledsoe, A.J. Jackson, F.H. Gould and John R. Mathews, found Bruner had "the intention of selling a position on the police force of San Francisco and appropriating to the use of himself and accomplices the proceeds thereof." During the session, the Assembly dissolved into "the greatest confusion," with Bruner weeping and Speaker Frank Coombs
Frank Coombs
Frank Leslie Coombs was a United States Representative from California.-Life:Frank Leslie Coombs was born in Napa, Napa County, California, the son of Nathan Coombs and Maria Isabel Gordon. He attended the public schools in California and Dorchester High School in Boston, Massachusetts...
splintering his gavel "in a wild attempt to restore something like order, and several ladies were borne from the chamber in a fainting condition."
On March 24, however, the Assembly, by a vote of 40-21, rejected the majority report and adopted the minority report, which cleared Bruner of any wrongdoing except "culpable negligence in failing to confide the whole matter to some of his many friends in the Assembly" and opined that "he is deserving of the censure of this Assembly in not having secured himself and the body of which he is a member against the scandal which has been spread broadcast over the State."
The Examiner returned to the attack in June 1891, claiming that Bruner had been promised $1,000 by "ticket brokers" for his help in squelching a bill "designed to abolish the ticket-scalping business." And in October of that year Bruner was indicted by a San Francisco grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
— one count of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
committed while giving testimony and the other of malfeasance
Malfeasance
The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.-Definition and relevant rules of law:...
in office, in connection with a claim by a San Francisco ticket broker that Bruner, "in connection with McCall of Alameda" had attempted to blackmail him out of $1,000. The prosecution failed, however, when the State Supreme Court ruled that the grand jury had been improperly chosen. A new grand jury was impaneled in January 1892 but was discharged in April when it could not agree on what to do about Bruner.
In April 1892, however, warrants were issued in San Francisco on the complaint of John P. Dunn charging Bruner and former Assembly member J.E. McCall with asking a $1,000 bribe from Adolph Ottinger, a "ticket scalper," to defeat an Assembly bill titled "An Act to Prevent Fraud on Travelers." After trial, the jury disagreed, and in February 1893 a judge dismissed all charges in the case.
See also
- List of California public officials charged with crimes