Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-10-12
OFFICE OF CORONER
LAWYERS Consider an Office as Need
less and Cumbersome.
RELIC OF ANCIENT TIMES
Medical Examiner and Police Court
Commitments Preferable.
II II E O L D L A w S

Members of the District bar generally ap-
prove the proposition to abolish the office
of coroner and the belief Is general that
The Star in inducing the District Commits
sioners to decide to recommend to Congress
that the office be abolished. has rendered
the people service Of inestimable value.
For long time they have believed that
the office was an ancient Inheritance of no
present value; one which has long since
ceased TO be necessity. and enc requiring
the expenditure annually OF no small an
amount. for which the people received prac-
tically no return Then. too. as member
of the bar expressed 1t to a Star reporter
today. the people will hereafter be spared
the ihfiiction of proceedings which have
not infrequently degenerated from solemn
judicial inquiries into mere farcical alb
surdites.
An Ancient Office.
The coroner or coronator, is very an
cient officer at the common law. and is so
called because he had in ancient times prin-
c:pally to do with the pleas Of the crown.
or such cases wherein the king was imme-
diately concerned.
The office of coroner in this country was
brought here by the colonstS, along with
the institution of the common law of Eng
land. and 1t may be said to exist in the
several states with all common law Incl
dents. except so far as they may have been
modified by statute, and such is the case
here in the District, the office having been
inherited from Maryland. The powers OF
the coroner, except, of course, where they
have been modified by statute, are said to
have been derived from the old English
statute of 4 Edward 1, section =. which
provides that where a death takes place
suddenly under suspicious circumstances,
the coroner shall. by his warrant. summon
jury to make due inquiry, upon view of
the body, into the manner of killing. who
were present, and to examine the body; and
that he may likewise commit any person to
prison who may be adjudged as the author
or the crime. and bind over the witnesses
by recognizanceS to appear at the next
term of the court
Duties Here.
These powers and duties are in effect
those of the District coroner. and his du-
ties may be said to be both judicial ard
ministerial. his original Jurisdiction being
judicial, and his duties, where he acts in
the place or stead of the sheriff (marshal
here) being ministerial The coroner IN this
District only acts in the place or stead of
the marshal when the latter is :ncapacitat-
ed from acting because he is a party to
the suit or is an otherwise Interested party
OF course. when the coroner acts fer the
marshal he receives the same ices as the
over him of pocketing them, while the
marshal Is required to turn them INTO the
L nlted States treasury. When he does act
for the marshal. generally in r-plevining
of goods seized by the marshal il is rare
that he is occupied more than d few mo-
men5s. Yet. his fees may, they not in
frequently have. amount to several hundred
dollars. SO, when the coronef's salary of
S2.Oub is added to such fees, it is seen that
the Office becomes one decidedly worth
cupyirE.
Under the common law, which is said to
largely apply here, the coroner is judge of
his court, and he is crtminally responsible
for corruption, misconduct or neglect of
duty. At the inquests held by him he has
the power of excluding, it is said. not only
individuals, but also the general public. and
where a person Is accused of crime, he
need not hold the inquest in the presence
of the accused. And as the accused has no
right TO be present, so 1T is said that he has
no right to even be represented by coun-
sci. nor to insist upon the examination or
cross-examination of witnesses. While it is
generally admitted that the coroner may
instruct the jury, he is bound to accept the
pIesentment which they make while on
the other hand they are not bound to obey
his Instructions either to the law or
facts. The coroner is, however, the sole
ju 7se of the necessity of holding the in
quest.
Cumbersome and Needless.
While 1t is we'll settled that great care
should be taken to secure an impartial
jury and trial, jurors are not challenge
able. Not even the coroner Is allowed to
participate in the consideration of their
verdict. and when 1t is rendered, it and the
testimony should be forwarded to the
proper authority. the United States district
attorney here. When the testimony is Of
fcfally reduced to writing, it is under the
circumstances, evidence against the party
tfere or thereafter accused. Yet the ac-
cused, although he be committed for trial
t1a6 To boo
fore another court in some Jurisdiction
this among others. IT Is claimed The prac-
tice here Is that the suspected or accused
party may be present at the inquest, and
may even, IL he so desires, make a state
ment to the jury. But he is ALWAYS eau
ioned that If he does so, the statement can
De used against him. He is also permitted
here to be represented by counsel although
the strict practice is that witnesses can
only be examined or cross-exam;ned nv
questions put to them by the coroner conn
sci being allowed, of course. to suggest the
From all this 1t is easily seen that a COR
orer's inquest, while 1t may have been
and doubtlessly was. IN ancient times a
very proper and perhaps necessary pro-
ceed1ng. 1t is at the present day a ra thor
cumbersome. slow and unnecessary relic
In some OF the states, noticeably in Massa-
chuSetts. the Office of coroner has for those
reasons been long since abolished In its
stead has been created that of medical ex
aminer. the duties of the occupant of which
are To examine the bodies of those dytn,
suddenly or under suspicious circumstances
and to report to the proper court or prose.
cutting officer That such should be the
case mere Is the opinion of the members
OF the bar the medical examiner being re-
CURED 10 report the result of his examina-
tion as TO the cause of death to the United
States district attorney or to the Police
Court In either event judicial inquiry
could be Immediately commenced in the
Police Court. the court having authority
and power. of course, to commit the sus-
pected or accused person to Jail to avail,
the action or the grand jury. Indeed. that
court possesses that power and AUTHORITY
now. and, even though a coroner's i,,ry
might decide that suspected or accused
person was not responsible. the court, 1t Is
SAID. could. even upon the same testimony
hold him for the action of the grand iury
Then. too. the grand jury is not bound in
the slightest degree by the action of the
coroners jury, and 1t has frequently han.
pened that persons exonerated by the LAT.
ter have nevertheless been indicted by the
grand jury. and. sometimes, convicted In
due course of trial.
Hence 1t Is clear. say the lawyers. thai
at best the office of coroner here Is really
nothing more than that Of a COMMITTING
magistrate (autopsies being made by hi.
ass1stanO. whose committing duties can hi
more effectively and expeditiously per
formed by the judge of the Police Court
In that tribunal the urSeou,Iy ra,,-lt,>,