The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-26
A CONFLICT OF AUTHORITY.

THE QUESTION OF JURISDICTION BETWEEN THE
POLICE JUSTICES AND THE CoRoNERs-oPIN-
ION OF DISTRICT ATTORNEY PHELPS.
Tho present Board OF Police Justices have, on
several occasions since thcir appointment, into
conflict with the Board Of Coroncrs questions OF
jurisdiction AMI II finally determined by the
police Justices inform themselves on the law In re-
gard TO the matter, with the view. IL possible OF
1ning the duties OF Tho coroners aud limiting their
power within proper bounds case came up on the
9th inst at the Fty seventh Street Police Court before
Judge Kasmrs which has given the Police Board the
opportunity they desired Of putting end 70 the dis
putc On the day mentioned Charlcsehiods, driver
OF the Christopher ana Cross Town Railroad CON-
mittcd by Judge Kasmrc to await tho result Of injuries
inflicted by him on one James J. Plunkett, who was
run over by Shields' car. When the Court
desired 10 hold. an examination in tho
for the prisoner but he had already delivered up
to Coroner Eckhon, who claimed Jurisdiction over
him because OF the death OF PIupkett Judge Kas-
miro was also informed that Coroner Eickhon having
held inquest and found that Shields was innocent or
any wiliu intention to inJure the deceased, he had
discharged the accused The result that Judge
Kasmre addressed note TO District Attorney Phelps,
asking his opinion several questions Of law relating
TO the conflict OF jurisdiction between the police JUS
ticcs and the coroncrs The OF the District At
torncy was In substance as follows when a police
officer arrests person without warrant on charge
OF murder, he should take him Immediately before
police justice police justice proceed with
examination In the case OF person brought before
Him on charge OF murder, manslanghcr or assault,
Just as ordinary OF felony. TO await the coro-
ncrs action would help him. US Is would throw light
upon facts
The coroner has no power 10 issue warrant for
person already undcr commitment OF police Justice
on charge OF murder, nor has be power to remove
such offender from the legal custody OF the police
justice except as witness at the inquest for tho
purpose OF Identification, and only tempo.
rarlIy. prisoner committed by the magistrate
not be discharged by action or the coroner what
ever may be the issue OF the inquest Tho duty OF tho
coroner rs simply 10 hold an Inquest TO ASCERTAIN the
OF death and TO issnoa warrant II the result OF
thai inquest shall show that anybody not already in
custody is charged with crime, and, further, where
there danger apprchcnd the escape OF the per-
son chargcable with the offence no may warrant
IN Of the Inquest THIS jurisdiction, however,
cannot properly interfere with tho jurisdiction Of tho
police justice 10 issue warrants complaints made for
icloncs.
In answer to the question whether has au-
thorly issue warrant for the arrest Of suspected
murderer opt when he is AZ large. and that, too
after tho jury by their verdict have designated the Of
thory issue Tor the arrest OF any
peeled OF homicide unless he be at large II he Is In
custody there Is no Tor the coroner issuing hts
warrant nor has he amy authority 10 do So The cor
oners jury can compel tho production before them OF
any person whose presence may tend 10 throw light
upon subject OF their inquiry. but tho jury may
proceed without regard 10 the presence OF aruspcctd
person because ne not be the person who at the
conclusion Of the inquest will appear TO be guilty.
In CONCLUSION, the District Attorney says that there
need be M conflict of Jurisdiction between tho mags-
aud coroners when they have intelligent COM
prrtfustuu OF tuciF Iunctt0uA Inc oDictt 10 DO
secsfcd Of homicide tho detention OF the
piy charged With the crime and, f he be once law
July m custody. there Is no necessity for any other
warrant process 10 be issued Tor his apprehension
The questions presented are not cnircv free from
difficulty but he thought that there could be doubt
about the correctness of tho views which he had ndi
Gated, unless may be with regard tho power Of tho
coroner TO advance Of the nnding OF
the jury. That question IS not wholly Tree rom
doubt
Ju 1so Kasmre sent copy Of the opinion TO Coroner
Eickhon, accompanied BY the Following letter.
ForGrn DTsrRirr roLrcx CouRr
NEW iowK. May 70, 1916.
ANTHONY EfcKHorr Esq. Coroner. &c. -
SiKEncioscd you wall please hnd true copy OF the
District Attorneys opnion In reference 10 the law III
should guide the and police Justices u the city o
New York in the legal and proper performance Of their
respective autics aud magistrate.
We public and such first duty 20 tho
pm he arrive understand II our duties
that be abc administer oucc according
las aud not 10 follow much abused and illegal practice
will inform what right hsdeitncr
Law under the statutes Of ths Staseo discharge RON