The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-16
.DRUCE TOMB NOT OPENED.
Prohibited Until the Secretary of State
Issues q License.

London, Dec. 16.-The widespread as
sumption that Mrs. Druce after hav-
ing obtained permission from the &C.
clesiastical courts for the opening of
the tomb Of her father-in-laW, Druce
had accomplished all that was neces-
SaFy in order to exhume the coffin for
the purpose of ascertaining whether it
really contained human remains or not,
was dispelled by the order received to-
day by the management of the great
Highgate cemetery, from the home de-
partment, prohibiting the opening of
the grave until license had been
granted by the secretary Of state.
It appears that, according to old Eng
lish law, dead bodies become the pro-
perty of the state, and no matter
whether they are buried in private plots
or in public grounds, they can not be
disinterred without a license by the
secretary of state for the home depart
ment, which is only rarely accorded.
Were the bruce tomb to be opened
without this license all the people con-
cerned in the opening of the grave
would be severely punished by impris-
Onment and fined for a. misdemeanOr.
So strict is this law that in several
succession cases, where, as in this
Druce-Portland controversy the entire
issue hinges on the presence or alb
sence of human remains and of family
documents in collins, the parties inter-
ested have actually gone to the length
of having the tOmbs and family vaults
broken into by burglars at night in or
der to secure necessary evidence. An
instance in point is the LoVat peeraga
succession case.
In the present instance 1t may be
doubted whether the secretary of state
for the home department will be in any
hurry to grant the license to Mrs. bruce,
or to contribute in that way to the
furtherance of her claims to the duke
dom of Portland for her only son. The
matter is optional with the secretary Of
state. The duke of Portland, as master
of the horse to the queen, which is q
ministerial Office, may be regarded as
one of the mem bers of the present adj
ministration. Sir Matthew White Rid
ley, the home secretary. would natural
", therefore, be disincllned to do any
thing to injure a duke, who is not only
one of his colleagues in the administra-
ton, but who, as great territorial
magnate. possesses an immense amount
of parliamentary influence, which he
has placed at the disposal Of the Con-
servative party.
Mrs. bruce, 1t may be remembered,
contends that her father-fn-laW, the
furniture dealer, bruce, and the late
duke of Portland were one and the same
person, and she insists that her father
in-law survived as duke of Portland for
many years the alleged death and bur-
ial of the furniture dealer bruce. With
the object of proving that the latter's
burial was bogus, she has been endeav-
Oring to secure the opening of the
bruce tomb in Highgate cemetery.
which belongs to her. OF course, if the
coffin is found empty as far as HUI
have won a great step toward the prov
ing Of her case. If she eventually wins
the day, and succeeds in proving that
bruce and the late duke of Portland
We're one and the same person. then it is
her only boy, as grandson of the late
duke, who will become duke of Port
land, the present duke having been only
a distant cousin of the late peer. But in
that event there would be two dukes of
Portland. For the present duke Of
Portland, having been summoned by a
writ of the crown on the late peers
death to take his seat in the house OF
lords as duke of Portland, and having
signed the roll of the house of lords
as such. became ipse factO duke of
Portland by writ, and will remain such
to the end of his days, his dukedom be-
ing inherited by his son. 1t is the
bruce duke, however, who would enjoy
precedence, for his peerage, obtained
through inheritance, would in that case
date from the time of its creation in
the reign of King William III, prince
of Orange, whereas the present peers
dukedOm would only date from the time
when he took his seat in the house Of
lords, some eight of ten years ago.