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THE MODERN CEMETERY. 
Constitutionality of Condemnation for Cemetery Pur= 
poses. 
It seems to be settled law that lands may be con- 
demned for the purpose of a public cemetery where 
the public in general have a right to obtain inter- 
ment, according to a recent decision of the Supreme 
Court of Indiana in the case of Farneman v. Mt. 
Pleasant Cemetery Association, and that lands tak- 
en for the purpose of enlarging a public cemetery is 
devoting it to a public use. The court then goes 
on to hold constitutional such a statute as that of 
Indiana, which provides that whenever, in the opin- 
ion of the trustees of any corporation owning or 
controlling any public cemetery in any county of 
the state, it becomes necessary to purchase real es- 
tate for cemetery uses, such trustees may file a peti- 
tion in the Circuit Court of said county, asking for 
the appointment of appraisers to appraise and assess 
the value of such real estate. This neither confers 
judicial power in the officers of the corporation, as 
the statute does nothing more than confer on the 
corporation-the right to file a petition seeking an ap- 
propriation when, in the opinion of its officers, the 
public necessity may require it, nor does it deprive 
an owner unjustly of any of his rights, where pro- 
vision is also made permitting him to except to the 
report of the appraisers for any cause and to have a 
trial thereon in the court. That the statute in ques- 
tion did not make provision for damages to land 
from which the condemned land was to be taken, 
the Supreme Court refused to consider in this case 
because there was nothing showing it that the tract 
ought to be condemned, was not all the land that 
the person had. This ground of unconstitutionality 
therefore remains to be raised in some future, prop- 
er, case. 
Questionable Burials. 
A startling condition of affairs has been brought 
to light in England by the recent trial of a compara- 
tively insignificant case. The evidence given shows 
that in one cemetery about one hundred still-born 
children were buried during the year, all received 
from midwives, whose certificates or declarations 
were taken, without any inquiry as to their qualifi- 
cations, with the children, which were buried in 
common graves. The question of the proper mode 
of registration of the deaths of still-born children is 
said to have recently been before Parliamentary 
committees. This is a matter of great importance, 
not only across the water, but in our own country 
and those in charge of cemeteries, whether there is 
any legislation on the subject or not, cannot be too 
careful in order not to encourage the commission of 
crime. 
One stone at a grave is sufficient. 
Winter Care of Trees and Shrubs. 
There is no better time than the present, to ex- 
amine groves and groups of trees, in order to deter 
mine whether they are becoming overcrowded, and 
to designate those which should be removed to make 
room for the rest. 
The axe is the only remedy for crowding among 
trees, and when this heroic treatment is necessary, 
no considerations of sentiment, should be allowed 
to interfere with its use. At this season, too, it is 
easier to find where branches are growing too thick- 
ly on a tree, and where they are rubbing each other, 
than it is when they are in full foliage, and in the 
warm days of midwinter, pruning can be done to an 
advantage. When it is necessary to remove large 
branches, they should be sawed close to the trunk, 
and the edges cut smooth with a sharp knife. Coal- 
tar applied to the wound, will keep out moisture 
and fungi, and thus prevent decay. Any kind of 
ochreous paint will answer almost as good a pur- 
pose, and it can be easily applied with an ordinary 
brush. All sprouts should be cut from the trunk 
and all suckers from its base, but the dead twigs in 
the heads of the trees can be more easily detected in 
the summer. Of course all diseased limbs should 
be amputated, and so should the branches of such 
trees as Hawthorn or yellow-wood that are badly 
infested with scale. 
A top-dressing of loam, or fine well-rotted stable 
manure, spread over the roots, will encourage a 
vigorous growth next year. The dressing should 
be scattered over a circle as far as the roots extend. 
Shrubs, too, must be well fed, if they are ex- 
pected to make luxuriant growth and show their 
highest beauty. No cultivator thinks of obtaining 
a fair crop, in garden or field, without fertilizing 
his land, and yet too many persons starve their 
shrubberies, and then wonder why they are thin and 
unattractive. Of course the shrubs like Coryopsis, 
Forsythia, VanHauttes, or Thunberg’s Spiraea, 
Cersis, the bush Honeysuckles, and other shrubs 
which flower early, should not now be cut in severe- 
ly, since the buds for spring flowers are already 
formed, and if we cut away the branches we destroy 
the possibility of flowers next season. If late flow- 
ering shrubs have not yet been pruned the work can 
still be done and this will encourage the growth of 
wood, which will bears flowers later in the season. 
In this class are the Althaeas, Hydrangea Panicula- 
ta, Indian Tamarisk and others. The pruning of 
roses which are liable to be killed back to some ex- 
tent had better be post-poned until spring, so that 
we can be sure to cut below the dead-wood. R. A. 
ill Garden and Forest. 
A neglected cemetery is a reflection on the com- 
munity. 
