State v. Bd. of Police Com'rs of Jersey City

• Decision Date: 09 June 1902
• Parties: STATE (WYSE, Prosecutor) v. BOARD OF POLICE COM'RS OF JERSEY CITY.
• Court: New Jersey Supreme Court

52 A. 281

68 N.J.L. 127

STATE (WYSE, Prosecutor)

v. BOARD OF POLICE COM'RS OF JERSEY CITY.

Supreme Court of New Jersey.

June 9, 1902.

(Syllabus by the Court.)

Certiorari by the state, on the prosecution of Stephen P. Wyse, against the board of police commissioners of Jersey City, to review certain rules of the defendant board. Rules affirmed.

Argued February term, 1902, before FORT, PITNEY, and HENDRICKSON, JJ.

John J. Mulvaney, for prosecutor.

George L. Record, for defendant.

HENDRICKSON, J. The prosecutor, who is one of the coroners of the county of Hudson, seeks to have certain rules of the defendant board set aside as infringing upon his rights and duties as such officer touching the control and disposal of the bodies of those found within his jurisdiction who have met with violent, sudden, or casual deaths. The rules in question, as appears by the return to the writ, were adopted for the government of the Jersey City police department November 16, 1900, and read as follows:

"Rule 56. Dead bodies of persons found in the water will be brought to the shore, and removed to the morgue, or delivered to the friends or relatives, as soon as practicable. Bodies found upon the streets or in public places will be treated in the same manner.

"Rule 57. All unknown or unclaimed bodies must be sent to the morgue, accompanied by an officer, who will witness the searching of the body, and report to his station house a full description of the deceased, and also any further information that may lead to identity.

"Rule 58. In all cases of violent or sudden deaths, the county physician will be notified in writing of the fact, stating the whereabouts of the remains, as in such cases the body cannot be removed from the county until the county physician has given permission for its removal."

"Rule 251. School of Instructions. The officers, before dismissed from the School of Instructions, are expected to be able to answer intelligently the following questions: Q. What disposition is made of the dead bodies of persons unknown? A. Sent to the morgue. Q. When dead bodies found in public places are known, what disposition is made of them? A. Given to relatives or friends of the deceased. Q. Who is the custodian of property found on the unknown dead? A. The morgue keeper. Q. Who is the proper person to be notified in all cases of violent and sudden deaths? A. The county physician."

The defendant board is organized and derives its general authority under section 21 of "An act concerning the government of cities of this state," approved April 6, 1889. 1 Gen. St. p. 734. Under the above act the rights and powers then existing in the board of police commissioners in Jersey City under the previous charter (P. L. 1871, p. 1094) became invested in the defendant board. Under the ninety-ninth section of the charter of 1871, power is conferred upon the board to establish and enforce such regulations as they may deem necessary for the protection of the health within the city, and that shall tend to preserve peace, good order, and decency within said city, provided they are not inconsistent with the laws of this state. So that the material question which arises in this case is whether the rules in question are inconsistent with the laws of this state relating to the rights and duties of coroners. In order to answer this question, an examination of the state of the law on the subject would seem to be necessary.

The prosecutor relies largely upon the act respecting coroners (1 Gen. St. p. 897), section 5 of which makes it the duty of the coroner, or a justice of the peace in his absence, on being informed of the violent sudden, or casual death of any person within his county, immediately to proceed and view the body, etc., as directed in the act. It must be observed, however, that under an act respecting county physicians, approved April 21, 1876, and the supplements thereto (1 Gen. St. pp. 1918-1020), in certain counties of the state, where a county physician has been elected under the provisions of said act, such county physician has the exclusive right and power to make all views and inquiries theretofore made by coroners and justices of the peace, with the purpose of ascertaining whether an inquest should be held; and no precept for a jury of inquest can be issued by any justice or coroner except by the written request of such county physician, who is made a sworn officer under the act There is a section giving power to the coroner or justice to act in case of a vacancy in the office of the county physician, from death, resignation, or failure to elect, or in case such county physician's presence cannot be obtained within six hours after written notice given to him by the coroner. And it is further provided that no coroner in such county shall be...