The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-02-28
COrOner's Inquests

AT common law the coroner was
required to summon a jury to in
quire as to the cause of sudden
death whether violent or not. This
law has long been changed by stat
, ute in many of the states, including
this of Washington, and yet the
law is popularity supposed to re-
main as it was years ago. Here in
this state the officials charged with
the execution of the law seem to
be equally persistent in their ad-
herence to the old custom as the
attorney general has found it neces-
sary to issue circular to prosecut-
ing attorneys, coroners and county
commissioners, defining the cases
in Which an inquesta is necessary.
After quoting the section of the
code governing the subject he says:
You will observe from the lam
guage Of this section that tine coro-
ner is only authorized to act when
two conditions are found. to exist,
namely:
First That the cause of death is
unknown.
Second-That there exists rea-
sonable grounds for the belief that
such death has been causedby un-
lawful means at the hands of an
other.
t. When the coroner acts in the
absence of the existence of these
conditions, his acts are in excess
of his authority and illegal.
Your attention is particularly
called to the provisions Of this sec
ton, for the reason that the prac-
tice has grown up in this state for
holding inquest in nearly all cases
where death was not the result of
strictly natural causes. 1t is the
observation Of everyone who has
given any attention to this matter,
that inquests have frequently been
held in cases where the cause OF
death was fully known, and in
many cases a result of crime.
Also in many cases where there
was no reasonable ground whatev-
CT to believe that death was pro.
duced by unlawful means at the
hands of another.
In the first case suggested,
namely: where the death is the re-
suit of known cause and that
cause crime, the investigation
should be conducted, not by the
coroner, but by the prosecuting
attorney of the district, in the
courts.
If an autopsy is to be held in a
case the administration of public
justice demands that it be held un
der the direction of the prosecu-
ting attorney, upon whom will H.
timately devolve the duty of pre-
senting the facts and the evidence
disclosed by such autopsy to the
courts, and not under the direction
eff the coroner, who is not pre-
sumed to be learned in the rules
of evidence or investigation Of
'crimc.
Public justice is often seriously
embarrassed by the unwarranted
interference Of the coroner in this
regard. Crime is sometimes
whitewashed over by verdicts rem
dered in pursuance Of an investi-
cation which is not conducted in
accordance with the forms of law.
or of well established rules of as
certained facts.
In other cases the reputation of
individuals upon whom should
rest no stain or imputation OF
crime is besmirched.
Costs incurred by the coroner
when acting beyond the scope of
his authority are not legal charge
against the county, and shonld
not in any case be paid.
Our law is a very wide depart
ure from the old common rule.
The section quoted by the attor-
hey general is as follows:
When informrtion is given to
any coroner that the body of any
person lis tound) the cause of
whose death is unknown, and there
shall exist reasonable grounds for
the belief that such death has
been caused by unlawful means at
the hands of another, he shall 90
to the place where the body is
and forthwith summon six good
and lawful persons qualified by
law to serve as Jurors to appear be-
fore him forthwith at the place
where the body of deceased is, to
inquire into the cause of the death.
Chronicle.