The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-04-11
CORONER GOES
BEYOND LAW.
PROBE SHOWS
0versteps His Authority in
EmbaIming Bodies, is
Attorneys Finding.
CLASHES WITH RELATIVE
Deputy and Sister, in-LaW
Of Accident Victim Have
Verbal Battle.
By DICK MILLER

Verbal Battle.
BY DICK MILLER
In taking charge Of bodies and
sending them to his own morgue,
often 20 be enlbalned, Coroner Fred
W. Vehling has oyerstepped the
legal authority Of his office. attor-
neys said today
Perusal of the Indiana statutes
on the coroner's duties and author
tty, discloses that Yelling has no
right, under the law, to take any
action other than to inquire, after
viewing the body Of a victim Of
violence or casualty, and determine
how and in what manner the per-
son died.
Howard M Meyer, attorney, has
prepared an opinion in which he
states "the coroner is not the Gus
todian of dead human bodies"
After the coroner has viewed the
remains and has inquired into the
cause of death, he must report his
doings to, and record the informa-
ton he has obtained, with certain
designated officers" the opinion
reads. THE coroner has no further
duty to perform so far as the body
is concerned"
Law Is Clear
Meyer not only considered the
Indiana law in preparing his
opinion, but also searched records
for Indiana court decisions and
other states
Thes Indiana law reads: Every
coroner. as soon as he shall be no.
titled that the dead body of any
person supposed to have come to
his death by violence os casualty is
within his county, Immediately
shall proceed to inquire, upon view
Of the body, how and in what man
ner he came to his death
However, in his opinion, Meyer
states that if no friend or relative
is present at the scene Of death,
the coroner may make temporary
disposal of the body as a measure
OF decency.
If no friend or relative is pres
ant and no officer other than, or Of
superior rank to, the coroner is
present or known, the. coroner would
have the right to, as would any other
officer, order such temporary de-
cent disposition of the dead body
as would tend to protect the health
and sensibilities of the community"
Meyer stated.
Family Has First Right
"But let it be understood def
nitely that when friends or rela-
tives claim a body when there is
no cause for suspicion that death
occurred from violence or casualty,
or II death did occur by violence or
casualty and an inquest has been
held, such friends or relatives have
a superior right to designate the
disposition of the body with respect
to it's proper care"
Applicable to Vehling's recent &C
tivities is the excerpt from the
opinion: "There is no statute au-
thorizing the coroner to contract
for the care and burial of dead
body, and none would be inferred
If any proper person was ready, able
and willing to care for the body and
decently dispose Of it legally"
An instance in which Vehlings
authority was questioned was re-
lated today by Mrs. E. V. Massey,
1924 Bellefontaine street, who en-
gagged in a verbal alteration with
a deputy coroner following the
death of her sister-in-law, Mrs.
Daisy NcCord, 434 Kaufman place.
Bars Daughters Signature
The accident in which Mrs. Nc
Cord was killed, occurred at New
Jersey and South streets, and the
body was taken to Engine House 80
A friend of Mrs McCord's instructed
hremen to tell Vehling to have the
body sent to a certain undertaking
este blishment.
While the friend and Mrs. Nc
cords 12-year-old daughter were at
Mrs. Massey's residence, an hour
or so after the death, deputy COR
oner arrived and refused to accept
the daughters signature, as the
nearest relative, for release Of the
body.
The other nearest relative was a
sister of Mrs. McCord, living IN
Cincinnati.
well, We will leave the body then
until morning, when the sister ar
rives," the deputy said, according to
Mrs. McCord.
Claims Embalming Right
why DO we have to leave that
body until morning, when we al
know where it will go?' Mrs. Massey
said she asked.
Tt will be all right the deputy
told ME. We've embalmed it and
we can take care of it and carry
on the burial o. *.
What right did you have to
embalm that body?" Mrs. Massey
ing but the coroner"
well, we embalmed the body and
the fee will be S25,' the deputy
stated.
well, Vehling is not going to
:. have charge OF that funeral, be-
cause We have had the same under
taker several years" Mrs. Massey
said I'VE don't know thing about
vehling-he may be a blacksmith
for all we know"
"Its a shame an undertaken has
to be the coroner" Mrs. Massey told
The Times. All he wanted with
that body was to make some money
and we didn't let him get away with
IT, He didn't even have any business
enlbalnling it, and he did it mighty
quickly, too, within two hours after
she was killed