Evening journal., 1911-08-02
REGISTRARS
In CONFLICT
Dr.. Frantz and Secretary
MalCOm at LOeGerheadS
ever Burial Certificates
CITY OFFICIAL WILL
ASK FOR LEGAL OPINION

Undertakers are in quandary Just
now over an apparent conflict in the
authority of the city and state regis
trsrs Of deaths occurring in the dis
trict of Wilmington. DR.. A. f. Frantz
is the state registrar for Wilmington
and Secretary c. William Malcolm, of
the local Board of Health, the city
registrar.
DR.. Frantz contends that under the
law q burial certificate issued by him,
where a person dies in the county out
side Of Wilmington, Is all that is re-
quired to inter the body within the
city. The cemetery companies, how
ever, will not accept a body for
burial without burial certificate is
sued by Secretary Malcom, the local
registrar.
Undertakers have been taking burial
certificates issued by DR.. Frantz to Mr..
Malcom to get certificates which the
cemetery companies will accept, but
he does not feel that he should issue
permits on another permit, the city or
dinance setting forth that he must is
sue such permits on physicians certi-
icates of death only. Mr. Malcolm. how
ever, while he is not favorably in
olined to issue a permit under such
conditions, said today he would do so,
rather than cause the undertaken any
embarrassment. He said, however, that
he proposed TO take up the matter with
City Solicitor Hastings to learn just
what he should do in such cases.
While discussing the subject Secre-
tary Malcom said:
"The act of the Legislature was
passed during the session of 1909. II
empowers the State Board of Health
10 divide the state into registration
districts and appoint local registrars
for each district. For the return Of
the death certificate by the local
registrar to the secretary Of State
Board of Health on the fifth day of
each month, the local registrar is al
lowed the sum of twenty-five cents for
each certificate. The secretary of
the State Board of Health is Dr. A
Z. Frantz, and he is also the local
registrar and for the rem Of the
death certificate from himself to him
self he is allowed the sum of twenty
five cents.
During the session of 1911 the
Legislature repealed the act by which
the State Board Of Health issued
transit permits for the removal Of the
dead from Wilmington. Dr. Frantz
charged the sum of 81 for each per-
nit he issued and now that this fee
has been taken from him he is notify
ing the undertakers TO file the death
certificates with him, where the
death occurs outside of Wilmington
and the body brought into the city for
burial.
The act of the Legislature passed
April 10, 1888, provides for the ap-
pointment of a city registrar of vii.
mington and defining his duties, states
that no undertaken. sexton or ans
other person shall bury or assist ir
the burial of any body except upor
the production to him Of a burial per,
nit signed by the city registrar. II
also requires that the permit shall
only be issued by the registrar upor
presentation of the death certificate
DR.. Frantz has notified the undertaken
10 file the death certificate with him
and he then issues a burial permit
which the undertaken brings to me
but under the law I cannot issue
burial permit upon a burial permit
but only upon the death certificate ol
when the body is shipped into vii
mington."