311 
PARK AND CEME TERY. 
public street, regardless of graves, mon- 
uments, and the feelings of the living 
through one of our puldic cemeteries, 
would be shocking to the moral sense of 
the community, and would not be toler- 
ated except upon the direst necessity. 
Yet the right to do so must be con- 
ceded, if the action of the city in the 
present case can be vindicated. The 
right to take one part of a cemetery im- 
plies a right to take another, and the 
right to take one part implies the right 
to take the whole.” 4.’’) Conn. 240, 21 
.\m. Rep. 643. 
In the present case, it appears that 
the whole tract was devoted to the pub- 
lic use, when the defendant corporation 
organized, and purchased the land under 
its charter. The plan is an entirety. 
The destruction of any part would mar 
the whole. It is true that the whole area 
has not yet been beautified, but plans 
have been devised for this purpose. It 
is also true that only a small part of the 
cemetery has been put into actual use 
for the burial of bodies ; but no one can 
doubt that, situated as it is, so near a 
large city, all of its domain will be 
eventually needed for the purposes of in- 
terment. Such a forecast is not to be 
compared to the cases cited in plaintiff’s 
brief : Colorado Eastern Ry. Co. v. 
Union Pac. Ry. Co. (C. C.) 41 Fed. 293; 
Chi. & N. W. R. Co. V. Chicago R. R. 
Co., 25 Am. & Eng. R. R. Cases, 154 — 
wherein it was held that one railroad 
coinpanj^ could not hold an undue quan- 
tity of land for future possible use, 
against the present and urgent need of 
another railwa}^ company, but must suf- 
fer such surplus land to be condemned 
and taken. The future needs of busi- 
ness are problematical. The demands of 
(.leath are certain.” 
For the reasons stated, the court held 
that the writ of certiorari to prevent tak- 
ing the land should be granted. Judges 
Wilkes and Shields concurred in the 
above opinion, but based their conclu- 
sions on different reasons which they 
state as follows ; 
"We concur with the conclusion 
reached in the opinion, but prefer that 
the decision be placed upon broader 
grounds. In our view, real estate in 
Tennessee conveyed for cemetery pur- 
poses forever, whether to a public or 
private corporation, or to a board of 
trustees to have perpetual succession, is 
ipso facto as a matter of law dedicated 
to a public use of a sacred character, 
and forever withdrawn from all the in- 
cidents to which other real estate may 
be liable, so far as inconsistent with its 
use for burial purposes, including the 
liability to be taken, or condemned, un- 
der the power of eminent domain or for 
secular purposes. Whatever may be the 
statute of any other property, public or 
private, the right to condemn ceme- 
tery property for railroad, commercial, 
or secular purposes does not exist under 
any general law giving a right of con- 
demnation, so long as the use or dedi- 
cation of the property continue, as is 
said in the opinion. We do not believe 
that any Legislature of the state of Ten- 
nessee will ever undertake to authorize 
such invasion and the condemnation of 
such property, and we do not desire to 
appear to hold that such an act would 
be sustained, if passed. We do not 
think that the fact that the use of such 
property may be necessary, either ab- 
solutely or conditionally, can have any 
To The Members of the Association of 
American Cemetery Superintendents, 
Greeting : — 
The executive Committee of our As- 
sociation which has in charge the ar- 
rangements for the next convention in 
Chattanooga, Tenn,, has, after extensive 
correspondence and mature deliberation, 
found it necessar_v and most appropriate 
to return to the original date for the 
convention and has definitely announced 
the same to be Oct. 12-13 and 14. 
Because of its location this conven- 
tion ought to attract a large attendance 
of members and others interested in 
cemetery work, not yet represented in 
our association. 
A tentative outline for a program has 
been made by the committee which, 
among other attractive features, will 
embrace addresses, papers and discus- 
sions on topics pertaining to cemetery 
advancement. 
An evening with the “Cemetery Beau- 
tiful,” illustrated by stereopticon, is 
probalde. Several papers are arranged 
for, but there is much room on tlie plat- 
form for others. 
While the helpful advice of older and 
experienced members is earnestly solicit- 
ed, we especially request and are par- 
ticularly anxious to have the support 
and active participation of younger and 
newer members. 
We therefore appeal most earnestly to 
those who would favor the convention 
with a paper on subjects that would be 
of interest, provide instruction and 
prove helpful to members, to communi- 
cate at once with the Secretary or the 
committee, so that the latter may be 
enabled to complete the program at an 
early date. It goes without saying that 
it is the duty of every member, in jus- 
controlling intluence in giving such right. 
No emergency or contingency or neces- 
sity can justify the condemnation and 
invasion of the resting places of the 
dead. We do not think that such prop- 
erty can be taken, even though provi- 
sion should be made for opening the 
graves and removing the bodies of the 
dead, no matter how decently done, so 
long as the dedication continues. In 
short, we are of opinion that the law 
and spirit of our government and civil- 
ization, as well as the dictates of sound 
public sentiment, demand that cemeteries 
shall never be invaded for railroad, or 
other secular purposes, so long as they 
remain dedicated to the repose of the 
dead. The wheels of commerce must 
stop at the grave." 
tice to himself and his fellows, to up- 
hold in every possible way this associ- 
ation and to promote as far as lies in 
his power its best interests. 
Our gatherings at these conventions 
give zest to our work, add to our e.x- 
perience, enrich our literature and bring 
into contact with each other cemetery 
officials from all parts of the country, — 
thus moulding and assimilating the con- 
crete wisdom and experience of all. Be- 
sides, members are brought to a more 
lively sense of their duties and to a 
better and clearer understanding of 
what is possible through the medium of 
a well-supported organization, to the 
end of promoting a more correct un- 
derstanding and a Ijetter appreciation of 
the nobility of our calling. Our ideas 
are broadened and improved b}- spend- 
ing a few days at the convention. 
Cemetery officials cannot make a bet- 
ter investment than to send their su- 
perintendent or some other official to 
these conventions and to pay their ex- 
penses. 
Headquarters for the convention will 
be at Hotel Patten, which is centrally 
located in the business section of Chat- 
tanooga. The rates are $1.50 per day 
and upwards (European Plan.) 
In closing we again appeal to those 
who will volunteer to present a paper 
to communicate at once with the Secre- 
tary or the Executive Committee. 
The executive committee is composed 
as follows : Daniel E. Bushnell, Forest 
Hills cemetery, Chattanooga, Tenn.; 
Dr. R. N. Kesterson, Knoxville, Tenn., 
and John R. Hooper, Richmond, Va. 
Sincerely, 
Frank Eurich, Secretary. 
John Reid, President. 
Detroit, Mich., June 7. 1910. 
A. A. C. S. CONVENTION DATES 
