P A RK AND C EM ET ER F. 
no 
graves. When the person so emplo 3 ed re- 
quested permission from those in charge 
of the cemetery to dig the graves, he was 
denied the privilege of doing so, for no 
other reason than tliat, under the ordi- 
nance last mentioned, no person was au- 
thorized to dig graves or construct ^•aults 
other than the city brick mason and grave- 
digger. 
In these circumstances, the Supreme 
Court decided the following points : 
The holder of the certificates for the 
burial lots did not by virtue of such cer- 
tificates become the owner of the fee in the 
lots, but merel_\- of a right therein for the 
purpose of burying the dead and maintain- 
ing the grounds as a burial place, sulq'ect 
to reasonable control and regulations by the 
city. 
The right of the holder was subject to 
the subsequent regulation imposed by an 
ordinance providing that no person, other 
than the city brick mason and grave di.g- 
ger should dig graves or construct vaults 
in the citv- cemetery. 
The provision of the ordinance was not 
unreasonalde, solely because of its exclu- 
siveness, and was not in violation of the 
due process clause, or the equal protection 
clause, of the Constitution of the United 
States (Fourteenth Amendment), or of the 
Constitution of the state of Georgia (ar- 
ticle 1, sec. 1, par. 3). 
Liability of Cemetery Stockholders 
Wlien a creditor has sued a cemetery 
corporation at law to judgment, and had 
execution thereon returned "No property 
found," such creditor may proceed in equity 
to compel payment by stockholders who 
have surrendered their stock and taken 
assets of the corporation in lieu thereof, 
so that a stockholder who has paid up his 
subscription with propert},' at an inflated 
value may be subjected by such a creditor 
in the same manner to the extent of the 
amount due the corporation. (Alabama 
Supreme Court, Bellview Cemetery Com- 
pany vs. Faulks, 73 Southern Reporter, 
027.) 
Rights of Burial Lot Purchaser 
Where plaintiff purchased a burial lot 
from defendant church trustees’ agent, 
whose authority was limited to the care 
of the cemetery and sale of lots, and who 
had no authority to sell any part of the 
ground under an old church, which covered 
a portion of the lot purchased by plaintiff, 
nor authority to bind the defendants by a 
contract for the removal of the church,, 
plaintiff was not entitled to an injunction 
requiring the defendants to remove the 
building from his lot or denying defendants 
the right to repair or remodel it. It would 
he an unwarranted exercise of the powers 
of the court to specifically enforce an agree- 
ment requiring the removal of a $1,500 
building to release a disputed fraction of 
a $12 lot, instead of awarding compensa- 
tion in damages, since specific perform- 
ance of an agreement will not be decreed 
when the injury to the defendant will he 
far greater than the benefit which plaintiff 
might derive. (Maryland Court of Ap- 
peals, Smith vs. Meyers, 90 Atlantic Re- 
porter, 038.) 
Historic and Modern in Vincennes Cemetery 
LAWN VIEW, VINCE'XXES CE.AtETERY. 
ENTIIAXCE. CITY CEMETERY, VIXCEXXES, IXD. 
The most beautiful and picturesque place 
in or around the historic city of old Vin- 
cennes, Indiana’s oldest city, is its ceme- 
teries. The\' are owned and controlled by 
the city, the superintendent being appointed 
b\' the mayor and his cemetery board. 
There are 100 acres of modern landscape 
and lawn and 50 acres in the old cemetery 
which have been a burial ground long 
before Vincennes was a city or Indiana 
was a state, when the Indians roamed the 
neighboring forests. 
Alany renowned Indianians are resting 
beneath the old headstones, some of 
which date a century back. This part is 
laid out under the old plan of squares, but 
the new cemetery, which onl\’ twenty j'ears 
ago was a corn field and sand hills, is 
laid out on the modern park plan, and its 
fine appearance attracts visitors from a 
wide territory and is the pride of the citi- 
zens. 
The old cemetery is rolling ground with 
subsoil of black loam, sand and gravel un- 
derlying. It has been in use over 130 years. 
The old cemetery was taken by the town 
IXTERSECTION OF DRIVES, 
VIXCEXXES CEMETERY. 
of Vincennes before it was incorporated; 
in 181(1 was added to. Later more terri- 
tory was acquired and placed under trus- 
tee control. The new cemetery was opened 
in 1890. 
The new cemetery was devised by the 
council and laid out by O. C. Simonds of 
Chicago in 1890. The new cemetery is 
very carefully carried out so that there is 
a succession of bloom from early summer 
to late in fall, followed by red berries that 
continue throughout the winter months. 
There are about 250 interments a year, 
with a total since records were kept of 
about 5,562. 
The principal trees and shrubs in the new 
cemeterv' include pines, maples, plums, syc- 
amore, spiraea, sumac and winter berry. 
In the old cemetery is a vast forest of 
maples and cedars. 
C. M. Gilmore is superintendent. 
. ■ ■ 
