161 
PARK AND CEMETERY. 
deed did not describe the land pur- 
chased by said trustees, but land in an- 
other quarter of the same section ; that 
in 1905 said Meyers executed a deed 
to said trustees correcting said mistake, 
and said railroad company had full 
knowledge of said facts long prior to 
the location of its said road and right 
of way therefor ; that' said Adams, Gal- 
yan, and Welch hold and have held the 
real estate for cemetery purposes since 
its purchase in March, 1902 ; that there 
are 12 or 15 graves and monuments on 
the west part of said one acre of land 
so purchased of Meyers, adjacent to 
the old part of said cemetery; that said 
appellants are about to and will, unless 
enjoined, construct a railroad on and 
over the east part of said one acre of 
land so purchased of Meyers, but not 
on or over the part thereof where said 
12 or 15 graves are located. The act 
of 1899 (Acts 1899, p. 15), being sec- 
tions 4708d, 4708e, and 4708f, Burns’ 
Ann. St. 1901, provides : 
“Section 1. That no person or cor- 
poration shall locate or construct a rail- 
road on any real estate held, used or 
occupied as a cemetery. 
“Sec. 2 Any person or corporation 
shall be perpetually enjoined from locat- 
ing or constructing a railroad on any 
ground held, used or occupied as a cem- 
etery, or held for cemetery purposes, 
upon complaint of any person. 
“Sec. 3. Any person or corporation 
violating the provisions of this act shall 
be fined not less than fifty nor more 
than one hundred dollars.” 
It is evident that, since the taking 
effect of said act, the construction of a 
railroad on any real estate held, used, 
or occupied as a cemetery or for ceme- 
tery purposes, is unlawful and can be 
enjoined under section 2 of said act. 
Egypt St., 2 Grant’s Gas. (Pa.) 455; 
Brown v. Lutheran Church, 23 Pa. 495. 
This protects not only that part of the 
cemetery where there are graves but 
the part intended for burials in the fu- 
ture, and includes all reasonable addi- 
tions, to an existing cemetery, even 
though a part thereof is not occupied 
by graves, but is held for cemetery pur- 
poses. A cemetery is defined by 5 Am. 
& Eng. Ency. of Law (2d Ed.) pp. 781, 
782, to be “a place or area of ground 
set apart for the burial of the dead, and 
includes not only lots for depositing the 
bodies of the dead but also such ave- 
nues, walks and grounds as may be nec- 
essary for its use or for ornamental 
purposes.” 
Some question is raised by appellants 
as to who holds the legal title to said 
real estate; but, under the statute, this 
is immaterial if it is land held, used, 
or occupied as a cemetery or for ceme- 
tery purposes. There was evidence 
showing that the one acre of ground 
was purchased in 1902 as an addition 
to Mt. Gilead Cemetery, and has been 
held by said Adams, Galyan, and Welch 
since that date for cemetery purposes. 
Whether they held the absolute title to 
said real estate, or held the same in 
trust, is, as we have said, immaterial. 
On appeal, it was held that the court 
did not err in overruling the motion, 
and the temporary injunction was af- 
firmed. 
Injunction to Prevent Cemetery Exten- 
sion. 
In an action by Jesse Lowe and oth- 
ers against the Prospect Hill Cemetery 
Association, of Omaha, Neb., in which a 
perpetual injunction was granted re- 
straining defendant's from using certain 
land as a cemetery. By a proceeding 
summary in character, on motion, the 
defendant association has applied for a 
modification or vacation of a final order 
of the district court of Douglas county 
rendered April 2, 1896, granting a per- 
petual injunction restraining the de- 
fendants from using a certain strip of 
land adjacent to Prospect Hill Cemetery 
in Omaha, for the purposes of burial 
of the dead. On appeal to this court 
from the order of the district court al- 
lowing a perpetual injunction in the 
original action, the decree complained 
of was affirmed. Lowe et al. v. Pros- 
pect Hill Cemetery Association et al., 
58 Neb. 94, 78 N. W. 488, 46 L. R. A. 
237. Upon the filing of the motion to 
modify or vacate the order for a per- 
manent injunction theretofore granted, 
a notice or citation to show cause why 
the same should not be granted was is- 
sued and served on the attorney of rec- 
ord appearing for the plaintiffs in the 
original action, who appeared specially 
and objected to the jurisdiction of the 
court over the subject-matter, and, to 
its authority in such a proceeding to 
modify or vacate the order entered long 
prior thereto, and after many subse- 
quent terms had intervened, contrary to 
th$ provisions of section 602 et seq. of 
the Code of Civil Procedure. These 
objections were overruled, whereupon 
the plaintiff filed formal objections to 
the granting of the motion, and travers- 
ing many of the averments of fact 
found therein. Upon the issue thus 
formed affidavits were filed, and, after a 
hearing to the court upon the motion 
and objections thereto and the affidavits 
filed by the respective parties, the court 
sustained the motion, and entered an 
order vacating the injunction thereto- 
fore allowed, and denying to the plain- 
tiffs any relief whatever. The plaintiffs 
appealed and the decision was reversed 
and the case dismissed. 
METAL ON MONUMENTS 
Editor, Park and Cemetery : J. H. 
G. in October Park and Cemetery, p.- 
143, mentions the rusting of iron in 
mausoleums. 
No metals other than copper or stand- 
ard bronze should be permitted in the 
construction of any monumental work. 
Any structure designed to contain 
bodies of the dead should have perfect 
internal drainage to a sand or gravel 
stratum or to a sewer. Such sights as- 
your correspondent saw would then be 
unknown. 
St. Paul, Minn. F. D. Willis. 
FINE SCULPTURED FOUNTAIN FOR A CEMETERY 
The decorative possibilities both of achitecture and of 
landscape architecture at the entrances to cemeteries are 
seldom realized to their fullest degree. The illustration 
on the cover of this issue is a striking object lesson in 
making an attractive entrance. The handsome little 
sculptured fountain, executed by Mr. Karl Bitter, of New 
York, one of the American masters in decorative and 
architectural sculpture, stands immediately within the en- 
trance to Woodland Cemetery, Dayton, O., and its artistic 
treatment in connection with the entrance and surround- 
ing landscape, makes a remarkably attractive introduc- 
tion to these well-kept and handsome grounds. 
The beautifully wrought little kneeling figures, and the 
inscription tablet between them, have been treated with 
rare decorative grace and sculptural refinement. The 
structure is built. of granite, Tennessee marble and bronze. 
It is about eight feet high and four feet wide. The marble 
tablet above is about four feet square and has this inscrip- 
tion : “For the cool of the waters that run through the 
shadowy places we give thanks and adoree thee, God of the 
open air.” Around and below and at the side of the tablet 
is effective scroll work that makes a fitting background. 
