The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-08-22

Columbus, o., August lZ.-ln ooulplr
ance with request from Auditor OF State
Williams, Attorney General Pillars has
rendered an opinion upon the power and
duties of Coroners. The opinion is as
follows:
Columbus, August 10, 1878.
Hon. JAMES WILLIAMS, Auditor of
State-Sr: Yours of the I'd inst. in
closing the letter of j, T, Irwin, Esq'r
Auditor of Muskingum county, of the
Both ult., in relation TO the powers and
duties of Coroners in holding inquests
and also calling attention to the abuses
which are sometimes practiced by Coro'
ners in unnecessarily holding inquests,
has been carefully considered by me-
The powers and duties of Coroners in
holding inquests upon the bodies of dead
persons, one would suppose, at this time
should be well understood; but that there
are many inquests held unnecessarily
and without any valid authority of law
l have no doubt.
The Coroner is one Of the ancient Off
GERS of the common law, and was origin
ally an officer of great dignity and only
filled by the nobility of England, who
served without compensation.
The first statute defining the duties
and powers of Coroners was passed by
Parliament in the fourth year of the
reign of Edward l. (l27S).
It was then made the duty of the Cor
oner, with the assistance of jury, to
hold an inquest upon the body when
any person was slain, die6suddenly, or
in prison, concerning the manner of his
death" and it was further made the du-
tv of the Coroner, that if the investiga.
ton looked to the guilt of any person in
causing the death, he should arrest and
commit to prison such person for further
trial. Thus the Coroner's inquest an
swered the purpose Of an examing Court.
And such, | believe, has substantially
remained the law of England until this
time. 49,,
While the Office of Coroner has always
been known to the laws of the various
States of the Union, yet his powers and
duties have been much more limited
than in England. Even the ancient and
useless CoronCr's jury was maintained in
Ohio up to the 10Th Of May last, when it
was abolished,
The powers and duties of Coroner in
Ohio as to holding of inquests are clear
ly and we'll defined by statute.
The act passed by the General AS.
sembly May Is, 1878, rs o. L., 57O)
provides:
"That whenever information shall be
given to any Coroner that the body Of
any person whose death is supposed to
have been caused by violence has been
found within his county, he shall appear
forthwith at the place where such body
shall be and proceed to inquire how the
deceased came to his DEATH"
This is but the language Of the Oldest
statute in Ohio on the subject, and points
out precisely under what circumstances
it is made the duty of Coroner, or when
he is invested with authority to hold an
inquest, The investigation, unlike that
under the English law, is not criminal
proceeding. 1t may develop facts which
may result in criminal proceeding.
The inquest is held solely to ascertain
whether the death of the person whose
body has been found, and the cause and
manner of whose death is unknown, but
is reasonably supposed to have been pro.
duced by violence, aOaS, IN fact, produced
by vioIence, and If so, By 1OhOm.
If, upon the examination, the statutes
provides "the Coroner shall find that the
deceased came to his or her death by
force or violence, and by any other per-
son or persons, and if the person or per-
sons shall be there present, itshall be the
duty of the Coroner to arrest such person
or persons, and convey him or them inn
mediately before proper officer for ex-
animation according to law; and if said
person, or any Of them, shall not be pres.
ent, it shall be the duty of the Coroner
forthwith to inform one or more Justices
of the Pace and the Prosecuting Attorney
of the facts 30 found, in order that the
persons may be dealt with according to
law"
A Coroner is authorized by law 10 hold
an inquest only "When he has credible
information that the dead body of per-
son has been found within his county,
supposed to have come to his orher death
by violence" This is the language ofthe
statute. The body must have been found,
in the Well.defned, established and eV-
ery.day use of the term. If person
come to his or her death in the presence
of others, easily accessible, and the cause
and manner Of the death is manifest,
whether it be by sickness, casualty, or
criminal violence at the hands Of anoth-
er, in all such cases neither the spirit nor
the letter of the statute ContempIates nor
authorizes an inquest to be held upon the
body. The dead body is not "found."-
The cause and manner of the death is
known. If it is by criminal violence it
is the duty of the proper officers to ar
rest the guilty party at once and pros.
eCute him.
In such case the Coroner's inquest can
accomplish nothing that can not be done
in the preliminary examination had be-
fore a Justice of the Peace or Police
Judge.
am we'll aware that practice has
grown up all oyer the State, and espeCi-
ally in the larger cities, of holding an
inquest in almost ever case of violent or
sudden death, let it occur, however
openly and in public view it may.
Inquests in such cases are not author
lied by law, and the practice should
cease. They are not only unauthorized
but accomplish no possible good; are
often improper intrusions and outrages
on the feelings of the family and friends
of the deceased, especially where post
morteme Examination is had; and then
large and unnecessary costs are made to
be paid out of the public funds.
tits only, l repeat, when the dead body
is found, supposed to have been caused
by violence, but the manner of the death
unknown, that the statute authorizes an
inquest to be held,
Should the Coroner go beyond his
power and hold an inquest not author
ICED by law, am of opinion there is no
mode by which he could enforce pay
ment of fees to him for such services.
Should county Auditor be clearly sat.
isfied that an inquest had been held in
IL 1. l. L