Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-14


have given some attention to this question upon
its merits and l am somewhat 10th
to dismiss this proceeding on account Of
this technical obstruction without making a
word Of comment The unfortunate calamity
which has caused the proceedings which we
have been called upon to review by this sppli-
cation is one which has excited the public at
tenticn naturally and caused the questions
which are raised by this application to be Of
unusual Importance.
THE POWERS OF THE CORONER.
Now. the coroner Of this District, in holding
his court. is unquestionably invested with all
the authority that the judge of court is in
dcrly and regular proceeding in his
court. He would have power to punish
for contempt: he would have the power to quell
any boisterous conduct in his court room. 1t
is not only within his power. but it is his duty.
| 1t would be his duty 10 conduct the pro-
ceedings which the law authorizes him
to conduct in as orderly and quiet
and dignifed a manner as would be the trial Of
any individual who might be indicted for some
high crime or msdemeanor in a regulsr
court of justice. think that the coroner
has invested in him by authority of his Office
all the power that any Judge might have
| In reference to conducting his court. He
| would have the right to exclude persons, to
quell boistercus conduct and those interfering
| with the regular proceedingt in the court He
| would have a right. l think. to exclude any
person whose presence he was convinced Was
an obstruction and prevention to the regular
inquiry for which his court was organized. II
it became apparent to him, clearly a. matter
Of Judgment, that the presence of that
person prevented the production Of the full
| duced, think that his powers are sufficient to
authorize him to say that that person must, at
least for the present, when certain
| persons are being examined, retire from
| the court, but whether the circumstances
require it is a matter entirely for his own judg
| ment. It is q matter not within the control of
| any other court. 1t is not ministerial matter,
but matter Of judgment and discretion in the
proper conduct of his court. Whether the cir
cumstances are sufficient even as detailed in
this application is question for his judgment
| and not a question for the judgment Of this
court.
MATTER FOR THE CORONER TO DETERMINE.
think that mandamus would not lie upon
| the facts stated in this application. do not
think that We are empowered to issue a man.
| damus In any case where the duty involves
| the exercise Of judgment or discretion
on the part Of the respondent 1t must
be a clear, plain duty provided by law, to be
performed unconditionally, and not dependent
| upon the exercise Of the judgment Of the re-
| spondent in order to authorize this any
other court which may have the power to issue
! q mandamus to do so.
| Now. it is conceded by all the authorities,
even the strongest authority, that there are
| circumstances under which the court will
be justified, the coroner's court, in
| holding his court in secrecy. There are
| circumstances under which he may exclude all
| except such as may be necessary in order that
| the proceedings shall go on. and be may exclude
persons for disorderly conduct. He may ex-
the reason Of which connects itself with the
| proper conduct of the proceeding in
b nd, and which affects it, and which would
affect il injuriousv unless the exclusion could be
made. But it is all matter Of discretion and
judgment, responded the coroner, who
this respect clothed with the whole re-
sponsibility, as think he has the great power
necessary. And the coroner should exercise
| that power with great caution and with the best
judgment Of which he is capable. He should
| be entirely conscientious and impartial IN Its
exercise. and only do it for the public good
for the purpose Of subserving the integrity Of
the proceeding which he 10 conducting.
NOT TOWN MEETING.
Another thing, it is important that this
should be understood because il ought to be
well understood in this community and all
others that q coroners court Is not like q
town meeting, whatever the circumstances
may be. however great the crime. however great
| the Indignation persons may feel, who are suf-
fering by reason Of what has happened, and by
reason Of the circumstances which are sur.
| rounding the investigation of a coroner, it is
the bounden duty Of every citizen, as good
| citizen. to pay respect to the laws Of
| the land. The law is the protection Of every
citizen. and it is only by the faithful, fair and
| impartial execution Of the law, free from all
| interference, free from all violence and free
| from all interruption that the rights Of the
| citizens can be maintained.
| 1t is then the duty of every citizen to pay
Ia %H,,lv -,
| tribunals that are lawfully organized and pro-
ceeding in an orderly and regular manner, to
| pay them such respect as the law requires;
| not to interrupt the proceedings; not to inter
fere with the proceedings except as they may
do 80 in regular, orderly and legal way.
The coroner's inquest is not final matter 1t
is a mere matter Of inquiry. 1t leads to some
thing sometimes;it it leads to recommendations
on the part of the coroner's jury
and arrests sometimes follows. But
before q person can be convicted after
arrest he must be indicted first. then he must
have a regular trial before a jury Of his coun-
try. So that the parties whom it is desired to
accuse or investigate are not by the result OF a
coroner's inquest prevented from hav-
ing fair and free trial thereafter.
do not mean to be understood
as saying that it is proper for the coroner to
| refuse to permit q person 30 accused, or who
may be by the testimony, to be present and
represented by his counsel, or that 1t would be
improper, but it will be right under all ordinary
circumstances at least that the accused or
| his counsel should be permitted to ask the wit
nesses questions in a proper way, in . way
over which the coroner will himself MAIN
tain control, any other court should. But
do not. on the contrary, mean to soy that there
may not be circumstances under which
the coroner would be justified in not doing it.
But he must be the judge to that. He has
the discretion invested in him, think, by law
to determine these matters, and it is not for
this court or for me as a justice having the
power to issue the writ OF mandamus to
determine by the writ Of mandamus that
matter or upon what evidence he shall act.
THE WRIT REFUSED.
The writ Of mandamus will be refused, how
ever, distinctly upon the ground that We do not
find that the person named in this
application is Judicial officer, having
the power to conduct the pro-
ceedings such as are described in the
application. And it will follow, as a matter Of
course, that we shall have no power to issue .
writ Of mandamus to compel him to do what
he has not the power to do.
A WORD TO THE PUBLIC
In connection with the merits Of this applica-
ton l have to observe the existence of some
| feeling, perhaps, in this community, and a word
Of caution | desire to address to the public
| from this bench. 1t is the duty of all
persons. whatever may be their situation.
! to go quietly about their usual occupations and
to permit this proceeding to proceed orderly