Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-15
GRIER AND THE LAW.
The Controllers Fight Against the
Deputy Coroner and His Fees.
TIE MANDAMUS CASE ARGUMENT.
Questions as to the Right of the Coroner to
Appoint an Assistant.
A SCENE IN THE CONTROLLERS OFFICE

Judges Collier and Slagle, in Court of
Common Pleas No. l. Yesterday heard the
application ior rule upon Controller Grier
TO show cause why mandamus should not
be granted to compel him TO pay Deputy
Coroner Berry certain fees Tor holding an
inquest The test was made In the case of
John Mikauzin, upon whose body an in
quest was held by the Deputy Coroner, who
sent to the Controller for approval his bill
oi S11 35 for fees The court took the
papers and will render decision later on.
Controller Grier was present with his
counsel, John S. Robb. while the Coroner's
Deputy WAS represented by Colonel Moore
aud l. A McClelland. Coroner Mcdowell,
together with number of city officials aud
others Interested, were also present. The
proceedings were opened by Mr.. McClel-
land, who read the petition for man.
damus, and then Mr.. Bobb read the answer
OF the Controller. After acknowledging
the facts contained in the first part of the
petition as to the position occupied by Mr..
Berry, the answer goes on TO say that the
Controller, in refusing to sign the Deputy
Coroner's bill, was acting under the law
OF 1871.
Must Deputize a Justice.
This act provides that in all cases where
it is not possible for the Coroner TO be pres
eut IN person, the inquest shall be held by
Justice of the Peace, who shall have the
same power and collect the prescribed fees
and costs, provided that no fees or costs
shall be paid until submitted to the Court of
Quarter Sessions The act of 1856, supple
mental 10 that Of 1871 provides that in Allie
Cheny county the Coroner may deputize JUS
tlce nf the Peace where he finds ii impractical
bic to attend.
No person. it was insisted under this act
could be deputized but Justice of the Peace.
l. Goes not empower the Coroner to appoint
deputy. 1t is contended that the law of 1889
which empowers the appointment of deputies
70 hold lnquests, does not repeal the law of
lSil with its supplement. The act does not ap-
ply TO Aileeeny county. After reciting the
Cutles of the Controller, Mr.. Robb said that
Mr.. Grler, upon taking office. had found
certificates Of claims by Berry amounting TO
S2o4 95 for services during December last Not
beng Justice of the Peace he was not en-
titled TO the fees and his bills had not been ap-
proved by the court.
In conclusion Mr. Robb said that the act of
1871 was general law, while the act of 1856 ap-
plies only 10 this county. The Deputy Coroner
was IN an anomalous condition. The records
showed that in December his fees amounted to
S2S3, while those of the Coroner footed up only
SluS. 1t was in view of all those circumstances
Tat Controller Grier refused 10 approve the
bIIl
Too Much Work for One Coroner.
Colonel Moore contended that the act of 1889
repealed all previous acts. Its wording was
plain beyond all mistake. 1t gives the Coroner
power to deputize any additional person in his
stead. He is the only judge. and he alone has
authority to appoint Mr. Moore denied that
there were now any special laws applying to
AlleCh~ny county. The Controller has no right
TO pass upon The authority OF the Coroner to
appoint deputy. 1t was practically Inpossi-
bic TOR the Coroner to hold all the inquests in
the county. when il was considered
that IN 1889 there were 2094 inQueSis and IN
1890 there were 3,227. 4 deputy was necessary
and his fees should be paid.
Mr.. RoDb closed the case by declaring there
was nothing in the act OF 1889 TO repeal the law
of 1881, and the court took the papers.
Coroner Mcdowell, IN speaking about the
case, remarked that it was absolutely necessary
for him to have deputy. While it may not
have been necessary under previous Coroners
the business of the Office has increased TO such
an extent that 1t was utterly impossible for one
man to do the work. Mr.. Berry had been doing
tins work for the past year. and the training
has made him very valuable. 1t expedites the
work greatly. In Philadelphia there are IA
persons connected with the office, and each are
given the powers of deputy. That is as it
Lhnptd hu