The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-10-24
Of INQUESTS
WHAT DIR EMERSON SAYS Oh
THE SUBJECT.
Defines the Position of the Board of
Health and Quotes Law-Warmly
Defends That Position.

EDITOR STAR:-You are mistaken
i'm your assertion that The Board of
Health, after adopting the principle of
requiring Coroner's inquests i'm all cases
of unattended deaths and establishing
the practice for two or three months.
has allowed itself to lapse from this
commendable position. ." There
has been no lapse on the part of the
Board of Health. The position taken
by the Board was that it would with
hold permit to bury until certif-
cate, stating the cause of death. signed
by licensed physician, was produced
Failing that, the matter was referred
to the coroner. and the permit for bur
ial was granted only after that func-
tionary reported that he was satisfied.
The law on the subject is as follows:
Section 913 (Penal Code).-The Mar
shall, deputies marshal, sherfffs and
deputies-sheriff, and in all other dis
tricts than Honolulu and Lahaina, the
several district magistrates shall ex-
officio act as coroners, without extra
compensation"
Section 974.-As soon as any coron-
er shall have notice of the death of
any person. within his Jurisdiction.
supposed to have come to such death
by poisoning. violence, or in any suspi-
cious manner, he shall forthwith issue
his summons to six good and lawful
men of the district where such death
may have occurred, or in which the
dead body may have been found or is
at the time lying, to appear before him
at the time and place expressed in the
warrant, then and there to INQUIRE
upon the view of the body of the de-
ceased, when. how, and by what means
he came to his death. ."
To come now to the case in point
Doctor Mckibbin is a licensed physi-
clan of good standing in the COMMUNE
ty, and is there any reason why the
Board of Health should not accept his
certificate of the cause of death as well
as that of any other physician? or why
1t should go back of certificate signed
by him and on it's own authority. un-
authorized by law. set up an inquiry
as to the cause of death in the case of
any patient? Or. again, as to the ac-
tion-or nom action-of the coroner
were there in the case in point" any
circumstances that would lead to, or
warrant, the supposition that Captain
King came to his death by "poisoning
violence, or in any suspicious manner p"
II not where. pray, would the coroner
INA his warrant under the law for or
daring an inquest?
Granting. for the sake of argument
that there might be a reasonable doubt
as to whether Captain King came TO
ms death instantly from the effects of
the apoplectic stroke, or whether, hav.
ing been stricken down by apoplexy.
he simply drowned to death i'm the shall
low water in which he had been stand
ing, does that doubt make it incum-
bent on the coroner to set in operation
the machinery of the law and call TO-
gether six good and lawful men of the
district where such death" occurred for
the purpose of inquiring when. how,
and by what means" the deceased came
to his death?
1t would he too much to claim that
the law of Hawaii. governing coroners
lnquests is perfect; but before con-
demning the Board of Health. or the
coroner for the n-performance of
duty, would ii not be well to under
stand exactly what the law is? II
seems to me that a good deal of the
writing that has been done on the sinh
Ject of in0uests and death certificates
mas been based on a total misconcep-
ton of the law and the facts. of which
the case in point is a good illustra ton.
Neither the Board of Health nor the
marshal have the making of the law,
they only execute it. Possibly the writ
err or the editorial, which appeared in
your Yesterdays issue under the head
ing "A case In Point" has in mind a
law superior to that which regulates
inquests in this little Republic at the
present time, but it will not do for him
to judge Hawaiian officials by his as
sumed law Please confine yourself to
the facts and the law in the case in
future, Mr.. Editor.
y. r. EMERSON.
Inc Tnh Trt,,