Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-08
MAKE REPORT ON BILL
COMMISSIONERS ACT ON MEAS
URE RELATING TO CORONER.

In report to Chairman Babcock Of the
District committee Of the House today
upon the bill recently introduced at the In
stance OF former United States Attorney
Henry E. Davis. which provides to amend
the code Of law of the District In relation to
the coroner Of the District and inuuis,tions
before him. the Commissioners made known
their disapproval Of the proposed legisla-
ton. "The coroner has been an officer of
the District for period of thirty-five
years." they stated, land we see no sub
stantial reason to make a change in the
appointing power to this Office. now vested
In him. as is proposed by this BILL"
Fhe Commissioners added that the pro-
posed measure Is believed to be out Of har-
mony With the general trend Of legislation
IT b proposed in this bill that the appoint
ing power Of the coroner be vested in the
District Supreme Court, and tina. the coro-
ner ne refused the- power to apprehend and
detain witnesses and a few other minor
changes In his powers" it is explained. :
why should not the coroner have initial
power to apprehend or detain q person
caused the death Of another under circum-
stances which indicate criminal responsible
ify? The code does not expressly give this
power, but 1t does give power to summon
witnesses. compel their attendance and to
require them to give recognizances to an
pear and testify in court after inquisition
Is found. The coroner should the Commits
aoners believe, possess the express power
OF apprehension which this bill proposes to
DENY; and should also have express power
to commit for trial persons charged by the
lnQulsition with murder or manslaughter."
Neither Apprehends Nor Detains.
The Commissioners explained thss. under
the present practice the coroner neither ap-
prehends nor detains persons other than as
witnesses. II witnesses be guilty, they
may protect themselves by refusal to give
testimony on the ground that their evil
dence may subject them to criminal prose-
cutfon; and they are, or should be- cau-
toned that they are not obliged to testify.
and that what evidence they give may be
used against them. So far as the Commits
sioners are advised. the coroner has never
done more than observe these rules The
commissioners point out that in Virginia
II the party charged with crime by the
inquest Is not In custody the coroner NAV
order his arrest. and II he is in custody the
coroner may commit him for trial Similar
powers, they state are vested in the coro-
ner by statute in Iowa. Louisiana, Missis-
Delaware.
In concluding their report the Commits
sioners state that the proposed change in
the code will constitute the coroner a com
hitting magistrate and tend to hamper
rather than promote, the summary inyesti-
cation intended to be made by that officer.
Under the proposed amendment" the
Commissioners say. the formalities of a
trial will be speedily introduced, with all
the delays that counsel may suggest. in
stead of a procedure of more investigation.
The party affected is apparently regarded
as accused and on trial; may produce wit
nesses. etc. The officer is thus constituted
a court with jury, contrary to the Com
missioners understanding of this story of
the office of coroner justifying this in prac-
tfce.
Practice in Iowa.
I'm Iowa the taking Of testimony is Sc
cret. and the general practice is, 1t is I'M
derstood. in effect that the coroner con-
trolls the proceedings and conducts the ex
aminatons. and that counsel have no right
to interfere. The practice in this District
is TO permit the attorney Of the United
States to directly interrogate witnesses to
the extent that he deems proper. and coun-
sci for parties affected have also been al
lowed to examine witnesses.
'Under the proposed bill. II on this trial
the proceedings do not suit the person af-
fected. he would have the right to petition
the court to take charge Of and conduct the
proceeding. which would increase the wo-k
Of the Supreme Court Of the District, with
out any corresponding benefit to the COM
munfty."