Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-11-02
Opinion OF District Attorney Corson
ON the Bill Of DIR. j. T.. Tucker, Cor

Optuuou VI DIShTACb <AbbOEHCy SoTIOu
on the Bill Of DR.. J. G.. Tucker, Cor
oncr.
The following is District Attorney Cor
sons opinion in regard to the bill of DR..
J. c. Tucker, Coroner, vetoed by l.. Her
mann, County Auditor:
To the Honorable Board of County COM
missioners of Storey County Il have had
under consideration the bill of DR.. ]. c.
Tucker, for services as Coroner from June
5th, 1865, to October 22d, 1866, and beg
leave to submit the following:
First-I find from an examination of the
bill, that a burial fee of So is charged in
each case, for ii cases, amounting to SO.
Section 10, chapter Al, Laws of 1861, pro-
vides that after the inquest, "if no one
takes charge of the body" it shall be the
duty Of the Coroner to see the body de-
Gently buried, for which he shall receive
So. Before this item can be allowed, the
Board should be satisfied, from competent
evidence, that deceased had no friends,
and it was necessary for the Coroner to
bury the body.
Second-I find an item of $40 charged
for inspecting the body in several cases.
This fee is not provided for and fixed by
statute, although the Coroner is authorized
to summon a physician or surgeon to in
spect the body" (Sec. 5, chap. Al, Laws of
1861. Where an inquest is held, as in
these cases, I think this item ought to be
rejected.
Third-The fees charged as travelling
fees should be cut down one-half, Doctor
Tucker having charged for travelling both
ways, when he is only entitled to travel
ing fees one way.
Fourth - The most important item
charged in the bill is an autopsy fee
amounting to $3.50. The statute makes
no provision for this service Except that a
surgeon may be called to inspect the
body, and no fee is fixed for the service
when performed; yet l cannot believe
that the Legislature intended the body Of
q person dying from symptoms indicating
that he had been poisoned, should be
buried without a medical examination of
the stomach to determine that fact and
so Of persons dying of gun-shot wounds,
and other injuries inflicted upon the per-
son, indicating violence. In such case, it
seems to me, there must of necessity be
some examination by a competent surgeon
or physician, and that, included among
the general powers of the Board. is an au-
thority to pay for such services.
But while l am Of the opinion that such
services should be paid for in proper
cases, l must object to the allowance Of
these items in this bill until strict proof is
made that the services were performed by
DR.. Tucker, and that the circumstances
attending The death Of the person were
such as to make the examination necessary
and that the fee charged is q reasonable
one. These examinations are not necessary
when a person has been killed by a fall
into a shaft in the presence of witnesses, or
killed in any other way where the means
by which he came to his death can be as
certained without such an examination /;
hence the Board must be satisfied from
competent evidence that the examination
pas actually necessary, and only aAoto for
such cases. If any other person than DR..
Tucker performed these services, then such
person should present his bill and a pay.
ment to DR.. Tucker will be no defence to
a bill presented by the proper persons.
There is no law requiring the county to
furnish the Coroner an Office. and the
question, as to whether or not the county
should furnish an Office for him should be
determined upon considering the nature
and duties Of his office, and whether the
public requires that such an office be kept
for their benefit. The object that the
county has in furnishing county offices,
is to accommodate the public in doing
their business with the officers of the
county, and not to accommodate the off,
GERS themselves.
All of which is respectfully submitted.
Your obedient servant,
D. CoRsoN, District Atty.