New-York tribune., 1908-07-17
HUGHES ORDERS PROBE
State Embalming Board TO BE
Investigated.

Alb,nv Ju,v 1s-It was announced at the Ex-
ecutive Chamber to-day that Governor hughes hao
DESIGNATED his counsel. Owen L. Potter. to lnVes-
tigate the conduct OF Office Of the State Board OF
Embalming Examiners The members OF the ooaro
are Cornelius F. Burns of Troy, president; William
j. Phillips of Albany. secretary: Frederick HUI
berg Of New York: Charles F. Moadinger Jr.' OF
Brooklyn, and Lemuel A Jefreys, OF Rochester
Mr.. Potter is expected TO pesh the inVesussio"
at an early date.
The investigation is authorized under the So
called Moreland act. which gives the Governor the
right to examine in person or through a coh''i's
sion any state department. The Governor, IL WAS
stated has received many complaints from various
parts of the state alleging that the board has failed
to perform its duty required by law or give an
Official report of fees collected or money disourseo
Tie board was created in 1898 to regulate the
practice OF embalmins.
Governor Huehes's action regarding the investi-
cation into the conduct of the officers OF the state
Board of Embalrning Examiners was drecuy
due to a story recently printed In perlodical
devoted to the interests of undertakers. 1t was
learned yesterday. This article asked William j.
Phillips secretary of the state board, what had
become of the large amount of money coieeted
from licensed embalmers.
Mr. Phillips is alleged to have replied that the
cost of examinations was 80 person but failed
to say what had become of the remaining ~
which amount it is necessary for an embalmer TO
pay before he may get license. Aside from THIS,
the periodical among other questions had asked
Mr.. Phillips what had become of the money that
than 1000 undertakers, at $ person, had
to give up when the new law licensing undertakers
went into effect
Considerable interest was manifested yesterday
by the undertakers and embalmers of this city
One of the members connected with Frank r.
Campbell & Co. of No. 2A West 23d street said
when told of Governor Hughes's action that the
affair, following closely decision of the Court
of
at last the undertakers and embaners would
know where they stood
The decision referred to that of March H.
when Justices Olmsted Wyatt and Deuel. declared
the law passed by the State Legislature in 1ssS'
with its subsequent amendments, that undertakers
and embalmers shall be licensed by the State Board
OF EnbaImng Examiners. was unconstitutional
The decision the result of demurrer hled
In the of the People of the State of New
York agt. Michael T. Hefferman. charged with
embaming a body without license.
Mr.. Hefferman arrested about a year ago,
and his lawyer filed demurrer to the complaint
alleging that the legislative act requiring an exam
ination cf undertakers violation Of the state
constitution and of the Fourteenth Amendment TO
the Constitution Of the United States and not d
proper exercise of the police power of the state
Justice Olmsted. who wrote the, opinion in the
case, sustained the demurrer on all points He
held that the law tended to create monopoly IF
q lawful employment, in the exercise of which no
particular technical knowledge skill is required
The only excuse for the legislation. according to
the Court, was that some person turned over to
undertaken dead might be alive and might
be killed by the embaIming process. Cases of sus-
pended animation rare. the Court maintained.
and the law already provided sufficient protection
for such by requirements of examinations
and certificates of death by physicians. An under
taker. the Court pointed out, not necessarily
emba arher, and embalning not obligatory.
Charles F. Moadinger. jr. OF the members
20 Cfo{e InfE oIY,oirc III
his home No. lid FTatbush avenue, Brooklyn,
last night that the Governors action to
him When asked regarding the charges made
against the board he asked TO be excused saying
that while the whole matter had been thrashed out
several months ago, he could not quite remember
details