New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-15
CHIEF JUSTICE BINGIIANrS DECISION.
THE DEPUTY CORONER: ACTS ILLEGAL-CLERKs
EEBUKED FOR THEIR CONDUCT AT

EEBUKED FOR THEIR CONDUCT AT
THE INQUEST.
Washington. June 14.-Cndcr the ruling made by
Chief Justice bingham OF the District supreme Court
this morning. there Is such officer as deputy
coroner. clothed with judicial power. and the april
cation for a writ Of mandamus against him asked for
by Colonel Ainsvorth Chief OF the Record and Pen
sion bureau Of the War Depart Wen was dismissed on
that ground but the Court, 10th to dismiss the APP
pcatiOn "A tcchnCaity, entered somewhat INTO the
merits Of the
Justice Bingham in his decision said that an ex-
animation Of the law only established what he had
never doubtcd-hat the coroner In holding inquest
sat ~ "A court. and was vested with the power ana
authority OF judicial officer. II was we'll proven
that In the absence Of express statutory provision
such an official could not delegate his authority to
another. Congress alone could authorize the trans
fer OF such power. An assistant deputy coroner
might the Court snid perform purely ministerial acts,
hut even this might be- questioned. although the
passage Of appropriation by Congress for such
deputy would seem to validate his acts In purely
mini >teris duties.
The ,hirf Justice then touched upon the impor-
tance 81 the Who'll. question To the community and In
connection With the great disaster thu; gave rise to
the Inquiry closed this part OF his decision With the
statement that he satisfied that nothing short OF
cypress legislation could confer upon the deputy cor
on.r the authority u act In judicial capacity. In
which capacity he WIS acting In the case at fnr.
Referring 10 the merits 81 the case, Chief Justice
Bingham said that the unicrtunat" calamity which had
caused these proceeding, to b" reviewed was one that
had rAccd the greatest public attention. and the
question raised 10y the Application for a mandam'as
one OF unusual importance. The coroner him
self when holding an Inquest. Was vested with al The
authority Of "A Judge To summon Witnesses punish
for contempt and disorierly conduct. lie had the
power to exclude any person whose presence he be
came convinced was an obstruction TO the inquiry for
which his court was ordered. II It apparent TO
him that the presence of any person prevented the
production Of the full testimony that might otherwise
be- pioduccd. his power, were sufficient for him To
say that for n time. least. while certain witne,se,
were t,,tlfylng. such persons should retire from the
court. Whether he should do - or not WAS a mat
ter for his discretion and Judgment and his alone.
and whether the circumstances detailed in the pcti-
ton Colonel hin,worth - su.hcicut 10 justify
lin In exercising hI- authority for the coroner
to decide and not for the court Mandamu,. said
the Court. does not lie against Discretionary power
bu, Is u.cd to compel the performance vi specific
duty Under the fact, set out In the petition al bar
niandamu> can issue.
chief Justice .ingham then addressed himself To
the audience, among whom number Of the
clerks. lie said It important they should undrr
stand that cOronrr's court wa, not Hike town meet
Ing. However d.plornblc the circumstance might
TO pay respect To the law. II only by fair
and impartial administration Of law that the rights
OF all citizens maintained. cOron.rs court
was not final. anu Whatever It's findings might be 1t
did not prevent any person agsrevcd from having
a full trial lie it not mean. he said. to BE- under
stood that II improper for the coroner 10 permit
the person apparently accused 10 BE- present, and
with counsel. and under all ordinary circumstances
to permit him 10 ask questions in the proper way.
RAT IN, ntl hal he not To NV
might be- circumstances when this would not do.
The coroner alone must DECIDE this
AS good Citizens said the Court. III conclusion.
should your feelings In The proper Wa!
am AT the proper time yet In all that !, done haNr
not be said that the people OF this capital. whether
mcr prrmanen' chnna or here but temporarily, are
not law abiding and law respecting
TIE application for II writ of mdndamus WAS then
refused the grounds that the Court did not find
power to conduct the proceedings described In 'h"
application. ana the Court therefore had no power
to take further procr,dng.
The Commit, eioncr, Of The District OF Columbia DE-
cidod this afternoon To order "a new inquest ana
10 assist CORONER Jefferson IN codnc,ins II. ~ view
OF ID at eran's II heal h. the Com Ills ,ners lh)ug
Iatterson's statement that hr conld conduct the IN
quest II Mr.. Thomas were allowed to assist NM
The bodies Of Lotus and fngan. two 81 The Victims
sim IN the vault M Fleetwood Cemetery an"
the officers of The ccmrer, were directed not T." bnry
Lirm without permission % the Cor,,rr Dr. Pattcr-
son decided 10 resnmmon tgc old jury. Mc,srs
Warner, Harvey Ayre. Kellogg. Schneider and >iily
on Of The bodies at Glchwood will be- viewed 10y The
Jury Tomorrow and the inquest ''eguil anew.
DIR. Patterson Is hard of hearing and has reached
old age and for som. time past Or. >,hncf"r has
C ed 10 II IT. IN I'm, ortant ca In al even rs :,
p,i SONS have been committed f)r mai>iaugltrr or
murder OF the warrant Of DR.. Schacnc. assuming to
act as DEPUTY coroner. All these commitments are
now Of course pronounced Illegal. and the beginning
ONLY Is seen Of the cntaiigl, mcntS that Will result
thcefrpu According the decision of Chief Justice
bingham the Coroner alone act NJ inlucsts. and
II follows that II d.. Patterson l. unable through dis
ability 10 conduct The Inquest over the old theatre
victims and refuses 10 resign MS 'fhc"' very
state oi affairs will cnsIc. .
vi. ingeart. the Assistant District Attorney. sa,d
today that the Disttct-,t.ornays Office would prob
ably begin no proceedings IN conncctcIi with me u,
until unding OF The coroner, jury hal been
filed there but that the District Attorney would not
be guided by the Jury verdict In any action he might
take II IS PRACTICAL. settled that the Dlstrlct-t-
orney viii present the facts relating 10 the DISASTER
10 the Grand Jury for acton
PREPARING FOR TIE COURT OF INQUIRY
Washington June 14.-Major Davis. Judge Advocate
OF the Army court Of inquiry appointed 10 nvesf'.
gate the Ford's Theatre disaster. Is now engaged