Omaha daily bee., 1903-02-05
FUNERAL CHARGES TOO HIGH
Supreme Court Administers Rebuke to a
Cedar Rapids Undertaken
LAWYERS TALK REvERsES A VERDICT
Glenwood Institute for Feeble Minded
sends Some Samples of work Done
by Inmates-MemoriaI for
Judge Hubbard.
(From a Stan Correspondent


DES MONIES. Feb. 4.-(Special.) )-The
supreme court Of Iowa has fixed a limit
on the cost of funerals for men OF lowly
station. Cedar Rapids undertaken
ramed Foley had been called to take
charge Of the funeral of one Edward Lynch
who had been a janitor' at a railroad sta
tion. but who left property valued at about
$1,000, with no relatives The undertaken
thought It was a good time to have a big
funeral and he sent in bill for $685. which
the administrator refused to pay, because
the expenses were extravagant and foolish,
considering the deceased's estate and his
social standing and station in life. The
undertaken got a judgment for S455. The
supreme court today declared that even
this was excessive and that it was evident
the undertaken had given the deceased the
best he had without regard to expense
merely because he believed nobody would
complain, as there were no known rela-
tives The court said: The idea that
man dying leaving an estate of less than
IS 000 should have casket costing $425
and that his estate should be burdened with
funeral expenses amounting to 1926 is lit
tie short of ridiculous. Courts will not per-
init such an injustice to be perpetrated,
no matter what the findings of the jury"
Undertaken Foley is given the option Of
scaling his bill to $3.50 and paying all the
costs of the appeal or having another try
at it with the jury.
Escapes Judgment for Damages.
The court also reversed the case OF Sulli-
van against The Rock Island Railroad
Company, from Guthrie county, where the
plaintiff secured a judgment OF $500
against the company on account of injuries
to his spine by falling as he was getting
off train. The attorney for the plaintiff
made improper statements to the jury in
opening the case, referring indirectly to
the enormous income of the defendant COM
pany, and, although the trial court ruled
this out as Objectionable, the supreme
court says 1t was prejudicial. There were
other errors and new evidence after the
trial was sufficient on which to secure
second trial.
Court Decisions.
The following were the decisions Of the
court rendered today:
Michael O'Mela against NJ. c. Hoffmeyer
ct al, appellants; Muscatine county, jude
House; affirmed; opinion by Ladd.
Roy c. Jenckes appellant, against john
f. Rise, Polk County, Judge Holmes; ac-
ton on note; affirmed by Sherwln.
J. p. Foley against j. G. Brocksmit, ad-
Thompson; claim for funeral expenses; re-
versed by Deemer.
Island & Pacific Railway. appellant; Guth-
rie county, Judge Applegate; damages for
personal injury; reversed; by Bishop
Follis A. Wood against Rankin Bros, ap-
pellants: Page county, Judge Green; af'
firmed. by Mccain,
State against Il, Kuhn, appellant; Scott
county, Judge Bollinger. conviction for
criminal ASSAULT, reversed, by Weaver.
Memorial to Judge Hubbard.
In the supreme court next Monday fore
noon some time will be given over to me-
mortal addresses in honor OF the late Judge
N. NJ Hubbard OF Cedar Rapids. for many
years the Iowa attorney for the Northwest
ern railroad. 1t will be the day fer the
submission Of cases from the Eighteenth
judicial district, in which he lived for many
years. Addresses will be delivered by Judge
Cook. Judge Trimble, Colonel Clark and
others.
GIenwOOd school Exhibit.
superintendent Powell of the State In
stitution for the Feeble Minded, has just
sent to the State Board of Control a fine
collection of the work Of the inmates. This
includes woodwork, carving, turning, burnt
wood decoration, joining and fitting and the
making of many articles; baskets woven in
many shapes. boxes and tools; fancy work
with the needle in cotton and WOOL includ-
ing lace, and fine sewing. The work all
shows a degree OF skill among the pupils
OF the school and inmates OF the institution
far in advance OF what is generally sup
posed. An exhibit OF similar goods is to be
taken to the st. Louis exposition, and the
state board will secure this during the COM
ing year.
Want n Law Enforced.
The executive committee of the funeral
directors Of the state will meet in Des
Moines February 19. at the time OF the
meeting of the State Board of Health and
besides setting the date for the annual con-
vention and arranging the program, will
ask the Board OF Health to rigidly enforce
the laws. The one particular matter which
the committee will bring to the attention
OF the board is in respect to the shipping
OF bodies where the death has been caused
by some communicable disease. In such
cases the bodies can be shipped only by a
licensed embalmer after artery and cavity