The Permit That Died With the Doctor
A Seattle family wanted to move remains out of a valuable cemetery plot. The health board said the paperwork required a physician’s statement—from a doctor who was already dead.
An application was made to the Board of Health yesterday afternoon by Arthur Schnerr for a permit to remove remains from the family lot in Mason Cemetery to a smaller lot, so that the larger and more valuable lot could be sold. The board declined to grant the permit, and Mr. Schnerr announced that he would ask the court for a writ of mandate compelling the board to act.
The matter was argued before the board. Dr. Holmes, the health officer, said the city ordinance required a statement from the attending physician or coroner. Fred H. Peterson, representing Schnerr, said the attending physician was dead, making such a statement impossible. There was no opposition except from Fred Hasch, brother of Mrs. Schnerr; the younger sister owned the lot, and Hasch had nothing to do with it. It was Mr. Schnerr’s idea to move the bodies from the large, valuable lot to a smaller one.
Peterson read the law and argued that it did not cover the case. Dr. Miller thought the matter had better be taken into court. “I must not dare to assume the responsibility of granting a removal permit under the circumstances,” said Dr. Holmes. The board then formally denied the permit, and Peterson said an application would be made to the court requiring the board to grant it.
“I must not dare to assume the responsibility of granting a removal permit under the circumstances.”
Cemetery plots are still a kind of real estate, and fights over who controls a family grave can still end up in court. This 1895 dispute also shows how public-health rules could freeze a private family decision until a judge sorted out the paperwork.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.