Untitled Texas Attorney General Opinion ( 1958 )

0 EXAH
Dr. Henry Holle
State Department of Health
Austin, Texas
Opinion No. W-449
Re: Is a certificate stating
that an autopny w&a per-
formed or that no autopsy
wan neoerrary required In
only thou0 ltdanoes where
an lnquerrt wa8 held? Muit
the owner or operator of a
orematory,before oremating
an body, demand and be
9 urnished with a oertifioatc
rigned by th8 MedLoal Exam-
iner, if the death ooourred
in a oounty having the of-’
floe of Medlorl Examiner,
stating that an autopuy wa8
performed or that no autop-
Dear Dr. Ho110 1 8y wa8 neoesaary?
In your rromt rrquert for an opinion from this
offioe, your lettrr road aubrtantlally a8 follows:
In oountlrrrwhioh a r eluthorleed to entabllah and
malntaln thr olflor of Medloal Examiner a8 pro-
vided In Artiolr 98ga, Vernon18 Code of Criminal
Proordurr,a quratlon haI been railed by one of
the ormatorlrr a8 to the proper lnterpretrtlon of
Srotion 10 of thr Artlolr.
II a orrtlfioatr rtatinq that an autopsy wa8 per-
formed or that no autopry WLI moerrary required
In only thorr lnrtanosr where the death reoord
rhowr that an lnqurrt wa8 held? Muat the owner
Dr. Henry Holle, Page 2 (WW-4491
or operator of a crematory',before cremating an
body, demand and be furnished with a certlfloa
-i+
e
signed by the Medical Examiner, stating that an
autopsy was performed or that no autopsy was
necessary?
Section 10 of Article,98ga, Vernon's Code of Crim-
inal Procedure,provides, In part, as follows:
"Before any body, uporiwhich atilnqueat Is
authorized by the provisions of this Act, can be
lawfully cremated, an autopsy ahall be performed
thereon as provided in this Act, or a certificate
that no autopsy was necessary shall be furnlahed
by the Medical Examiner. Before any dead body
can be lawfully cremated, the owner or operator
of the crematory ahall demand and be furnished
with 8.certificate,signed by the Medical Exam-
iner,of the county in which the death occurred
showing that an autopsy was performed on said
body or that no autopsy thereon was necessary.
It shall be the duty of the Medical Examiner to
determine whether or not, from all the clrcum-
stances surroundingthe death, an autopsy ie
necessary prior to Issuing a oertlflc~teunder
the provisions of this seation . . .
The statute Is somewhat ambiguous. In discussing
the dissolutionof ambi ltiee the Court said, in Lon orla v
State, 126 Tex. Crlm. 3%& 363, 71 S.W.2d 268, 26g-(+JTJ?
"We further observe that in accordancewith
settled rulea of interpretationof etatutes, even
when the language used is susceptibleof two
meanings, the aourts are to give It that meaning
which will conform to the scope of the act and
oarry out the purpose of the statute. Mr. Black,
In his Hornbook on Interpretationof Laws, p. 56,
lays down the rule that, where the language used
la ambiguous, or admits of more than one mbanlng,
It ie to be taken in such a sense a8 will con-
f,ormto the saope of the aot and carry out the
purpose of the statute."
Dr. Henry Holle, Page 3 (WW-449).
For further discussion con&$rnlng the construction
of statutes Bee also Texarkana & Ft. S. Ry, v. Houston Gas &
Fuel Co., 121 Tex. 594, 601 51 S W 2d 284 287 (1932) d
IiidalgoCounty Drainage Dl&. No.‘l’v. Davidson, 102 Tei?
, 4,l . . > 1 (1909).
The Le lslature, In our opinion, in passing House
Bill 539, Aota 5&th Leglalature,Regular Session, 1955, Chap-
ter 159, page 524 (codifiedas Article 98ga of Vernon’s Code
of Criminal Procedure)considered only those Instances in
which inquests were authorized to be held. To hold otherwise
would require a Medloal Examiner to Issue a certificateas to
facts unknown to him in the absence of an Investigationon
his part. An Investigationwhich would reveal those facts Is
not authorized by the statutes except In connectionwith
inquest proceedingd.
The opinion of thla office is that a certificate
stating that an autopsy was performed or that no autopsy was
necessary should be requlred In only those instances where
the death reaord shows that an Inquest was held. The owner
or operator of a orematory,before cremating any body, Is not
required to demand and be furnished with a certificate signed
by the Medical Examiner, If the death occurred In a county
having the offloe of Medical Examiner, stating that an autopsy
wan performed or that no autopry was neoepIaary,except where
the death record shows that an inquest was held.
SUMMARY
A oertiflaate stating that an autop-
sy was performed or that no autopsy
was neoessary should be required In
only thoae Instance8 where the death
record show6 that an Inquest was
held. lhe owner or operator of a
crematory,before cremating any body,
Is not required to demand and be
furnished with a certificate signed
by the Medioal Examiner, stating
Dr. Henry Holle, Page 4 (WW-449).
that an autopsy wae performed or
that no autopsy wa6 neaesaary,
except where the death record
shows that an Inquest was held,
Very truly youra,
WILL WILS,ON
Attorney General of Texas
Asslatant
BF:am:jl
APPROVED:
OPINION COMMITTEE
Gee. P. Blaakburn, Chairman
J. Arthur Sandlin
Richard B. Stone
REVIEWEDFOR THE ATTORNEY CENERAL
BY:
w. V, Geppert