New-York tribune., 1902-02-04
WOULD ABOLISH CORONERS
LAWYERS AGREE WITH DISTRICT AT
TORNEY JEROME-PREVIOUS LEGIS-
LATIoN THAT HAS FAILED.

Many of the prominent lawyers of the city
agree with District Attorney Jerome that 1t
is about time to have legislation to abolish the
coroners Office, and have the preliminary in
yestigations of suspicious deaths made by ply
sicisns attached to the Health Department.
Some OF them have expressed surprise that
there has been no legislation to that end, since
the constitutional convention several years ago
recommended 1t and the people passed an
amendment to the State constitution by which
such legislation was made possible.
It has been suggested that there would be
a great saving OF expense to the city by having
physicians Of the Health Department make the
necessary autopsies IN cases Of sudden or sus-
picious death, and have the regular magistrates
of the city take charge of the judicial inquiries
where such are necessary IN accident cases,
well as In homicide cases. and hold prisoners
for the grand Jury 1t is declared that in
important murder cases, where the testimony Of
chemical medical experts is necessary for
the prosecution Of the indicted persons. 1t would
be better TO have the testimony of officials
connected with the Health Department than
the costly testimony OF paid private experts.
Fl believe that the Coroners' Office is more
Of hindrance than a help to the administra-
ton OF the criminal laws in this city," said
De Lancey Nicoll, former District Attorney of
New-York County. yesterday. 'I believe that
convictions in cases Of homicide could be OBJ
tained with more certainty without the inter-
ference OF the coroners. The Coroners' Office
is an antiquated institution. relic OF prim-
itive age. and it should be abolished"
Mr. Eicoll said he favored a bill which was
drawn a few years ago TO abolish the Coroners
Office. and have all preliminary Investigations
OF sudden and suspicious deaths conducted by the
Health Board officials. He did not know why
the bill failed Of passage in the legislature
Growers quest has been a term of deris-
ion almost from time immemorial" said John
E. Parsons. 1T signifies what every one who
viii take the time to think knows about the
solemnity OF the judicial duties which the cor
oners assume belongs to them. We all recall
the idea attributed to a coroners jury that
sitting on inquest meant sitting on the body,
and the ignorance which this illustration
the part Of the jury affords is greater than
that sometimes exemplifled in the case of the
coroners themselves. Legislation to abolish the
coroners might now be seriously taken up and
put in proper shape, having due regard TO all
the interests concerned"
A bill to abolish the coroners was introduced
In the Assembly in February 1900, by DR.. Mel
son H. Henry, the Assemblyman from the With
District OF New-York County but it was killed
IN the Committee on Public Health. and the
Iesislatnre never mad an opportunity TO vote
on IT. Dr. Stephen Smith, of this city, had a
hand In the preparation Of the bill. In its first
section the bill provided that notices OF all
sudden or suspicious deaths should be sent to
the president Of the Health Board and referred
10 a medical officer appointed for such duty,
who should at once proceed to make an in
vestgaton. The section made It a misdemeanor
for any person. other than the medical officer
referred 10, to disturb remove a body or
wtlfully to touch, remove or disturb the cloth
ing or any article upon near such body"
without order by the health officials.
The bill was made applicable TO all the coun-
ties OF the State, and in of its sections
there were provisions for investigations by DO
lice justices. magistrates justices of the
peace, IN cases OF suspicious death, for the
sunmoniEg OF witnesses and for the holding Of
persons arrested on suspicion. There were pro-
visions. too, for the organization Of bureaus
IN health departments for the investigation of
cases which now come under the jurisdiction of
the coroners. One of the final sections of the
act the following:
From and after the passage OF this act no person
snail be elected TO I'LL the vacancy caused by the
Of any coroner I'm this State. and the Office va
Gated shall be abolished, and the duties thereof
shall thereafter be performed by the local board n
health with the cooperation Of any justice of the
peace, police Justice city magistrate as provided
IN this act 1t being the intent and purpose Of this
act TO secure the more prompt and accurate deter
rnation OF the causes OF death OF persons who do
crime by aboshing the office of coroner and re-
quiring local boards of health to investigate the
causes Of death in every where there a sus-
picion OF crime, and comforting upon justices Of
peace and city magistrates the powers heretofore
exercised by coroners in holding inQuests upon
dead bodies upon which an inquest is now required
20 be held.