Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-02-18
PRESIDENT OF STATE UNIvER
sITY CLASHES WITH THE
COURTS.
REFUSED TO DELIVER BODY
ON ORDER OF THE JUDGE
Attorney Makes Affidavit In Case
Showing MaeLean Used visorou.
Language and Expressing Contempt
For Iowa statutes-MacLean Elk
plains Hi. Position.

| Iowa City, Feb. 1S.-A petition in
equity asking that President George
E. MacLean of the state university
be cited to appear for contempt of
court was placed in the hands of Judge
| Powell of the district court late yes
terday afternoon The action is based
on President MacLean's refusal to
obey a writ of replevin served on him
last night by Deputy Sheriff Harry
Rowland, demanding that he turn over
| to the sheriff the body of Rollin c.
Caldwell, who died in this county, Jan.
II, and whose body was sold to the
medical college by Mrs. Caldwell for
$50.
The writ of replevin was issued at
! the instance of Mrs. NJ. c. Main of
Chicago. Caldwelrs daughter, after
President MacLean refused to have the
| body turned over to Undertaken e. D.
Murphy. Mrs. Mains agent.
j In his affidavit, Attorney Lee
Rancks swears to the legal service OF
| the writ of replevin and says: That
the said George E. MacLean has will
| fully and contumaciously refused to
obey said writ in this, that he con-
| cealed, prevented and refused to allow
| the sheriff to take possession of said
body under pretense that it could not
| be identified and that he said to al
fiant, that he would give up the body
when the time came Saying that he
cared nothing for the statute, mean
! ing the statue of Iowa covering said
case. and further said that it was the
State University of Iowa that was
speaking and when told that the writ
of replevin was directed against him
personally and individually, he said,
L am the State University of Iowa
You can sue and be ID, you VIII
not get the body sooner.
President MacLean claimed the oooy
could not be identified in the absence
of the professor of anatomy. tho Mur-
ply. the embalmer and ]. j. Eatcn'
friend Of the deceased, were present 10
identify the remains.
DR.. Lord assistant professor Of anat-
ony, was ordered by President Mac
Lean TO debar the deputy sheriff from
the morgue Judge Powell has not We.
signed the order TO have President
MacLean cited to appear. The case may
go to the lpreme court.
President MacLean states that he
1 had no desire to have the body re-
tanned, but wanted a delay until FRO
| lessor Prentiss returned to the CITY,
| and that upon his return at Il:SV
| o'clock Wednesday night he teiephoned
the sheriff to come and get the BODY.
Mac Leans Side Of the Case.
Special TO Times Republican.
Iowa CITY Feb. 1S.-"I know OF no
contempt proceedings. We did every
thing according to the statutes OF the
state of Iowa. What more could be
asked?" Thus President George y.
Mac Lean. of the University of Iowa,
explained the story appearing IN an
Iowa City and other papers to the Ell
feet that he would he cited to apDear
before Judge r. B. Howell to snow
cause why he, should not be punished
1 for contempt Of court.
| According to this story the basis OF
! the action was President Mac Leans
refusal to obey writ of replevin served
upon him demanding that he turn over
to Sheriff Rowland, of Johnson county.
the body of Rollin c. Caldwell, de-
ceased, which was in the hall OF anat-
orny in the medical college.
THE notice Of replevin was served
upon me at 10 o'clock Wednesday eve
ming" said President Mac Lean laR
night II told him that as soon as pos
sible we would notify DR.. II. J. Prem
tiss. the only person who could ioehti1y
the BODY. At 1880 Dr.Prentiss called up
the sheriff and told him he could have
the body The shelf did not want to
go to the medical building then. In
The morning the sheriff was again mott
fed that he could have the body They
did not get the body until Thursday
afternoon
i The writ of replevin, according to
the local papers version was issued at
! the instance of Caldweifs daughter,
Mrs. NJ. T. c. Main, of Chicago, thru
her friend, J. J. Hatch. When asked
the truth of the contempt story pub
lished in the iowa City paper. Mrs.
Mains attorney said every word was
true with the exception that the state