New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-09-04
ohMuNroArEp j
The Coroner VS.. The City.

Messrs Edors-As there appears to be great deal of
Misrepresentation in the public mind in regard the
Of facts ont Of which such dsporabe results arisen
as the seizure Of the public property to satisfy the
ton issued the judgments obtained against the city by
the Coroner have taken some trouble to investigate the
subject for the purpose Of coming to conclusion In my
mind the situation Of affairs in that mat
ter II appears Of record in the court of the Hon. L.
Gaienns First Justice the Psacs that the Coroner has
nsuted upwards of Ave handrsd suits against the cty
claiming the sum Of seventeen dollars in each in the
Frat quits thereabouts and in all the others twenty
dollars In each case After service of citation, Mr.
Outlet appeared on behalf Of the city, and filed plea
that the Coroner had already instituted suit against the
city for the Of action; that the Justice was
therefore, without Jurisdiction to try the cases. These
exceptions we're oyerrulsd being untenab after hear
ing tbs argument of coanss Of the PARTIES and final judy
ent rendered against the city for the amount claimed
BY the plaintiff In about fifty cases.
BY tho act Of the Legislature 18th March, 1852 II Is
provided that the fees of the Coroner for holding nquess
the city Of New Orleans and in the several parishes
shall be paid by the said city and par0chial authorities
and that the Common Council of New Orleans and the
different paroeha shall nix the fees to DO paid
to the Coroner The fees afterwards fixed by the
city Of New Orleans at the rate Of seventeen dollars in
Guiding pbysicans costs ETC. Thus the law stood until
the session of the Legislature In which two conflict
ing acts were passed on that the entitled
act to define and regulate the duties Of Ooroners
approved 18th March, 1882 the 18th section of which
provides that the Common Council Of the city OF New
Orleans snd the parochia authorities Of the par
shes shall the power to Ak the fees salary of the
Coroner and all expenses as.snaihg sne INQUEST,
session. entitled San act to regulate sss and costs
gsnerayn the 25th section Of which provides That
for every inquest the Of the parish of Orleans
sha receive twenty doArs inclusive Of a burial fees
and when no inquest Ia actually held shall receive 1--WE
dollars for view OF the body, and for burial shall be
SLOWED ave dollarsn Which Of these two conflicting
scts passed at the session Of the Legislature In
force question for the judiciary TO decide and upon
which We will not venture 20 hazard opinion except
that when subject is acted upon by legislative
body ID la irregular 30 bring the suhisst up again
during the session in which such action was taken
The next question for consideration the right of the
Coroner to divide his account for fnausss held
bring separate suit against the city for the amount
due for each inquest According to humble view Of
the law he clearly has no such right The legal maxim
that the law abhors multiplicity Of astionso is too
well founded in reason to need any somment from ss and
is consecrated in the textua provision of the Code of
Practice act 1865 of which says: III demand less
than is due him and do not amend his petition In order
augment his demand he shall lose the ovsrpusn Com
sense as well as the genius Of the law revolt at the
idea of person being allowed to divide
to bring suit upon each separate item and thus muist
party in an amount OF cost In many larger than
the amount sued for and il idle to say that there h 40
corrective or preventative for such abuse of Judicial
power in the Justices Of the writ Of prohibition
from the court having appellate jurisdiston 10 the proper
remedy and refused when properly applied for an ap-
peal the Supreme Court from the Judgment refusing the
writ would at least the Obtaining Of tho judgment
Of the tribunal OF the highest resort upon question
which, in isa present shape has tendssey 10 inos
great amount Of injustice the corporation Of the city
% wsll % upon individuals, IN HATE.