38 
PARK AND CEMETERY. 
“St. Peter and St. Paul's Cemetery: 377 
buildings ; length of exterior boundary of 
cemetery, 2,480 feet; 15 buildings to each 
100 feet of boundary; the buildings are 
mostly residences.” 
There are twelve or fifteen acres of the 
ground not yet encroached upon by graves 
in the Union Cemetery, which, in fact, is 
the bone of contention in this case, and 
were it not but for this fifteen acres, this 
case would never have been here. 
There is also in different parts of the 
cemetery where lots have been sold vacant 
and unsold ground suitable for graves. 
There is also, in lots already sold, unoc- 
cupied room for 3,600 graves, the vacant 
spaces in these lots representing, at present 
price, a value or $35,000 or $40,000. 
The inspiring cause for the passage of 
the ordinance is not difficult to discover. 
Certain persons living or owning property 
in the neighborhood of the cemetery, and 
particularly south of it, deplore its pres- 
ence there because they regard it as a par- 
tial obstruction to the progress of improve- 
ment and growth in the direction of their 
own holdings, and therefore as preventing 
them from realizing the additional values 
which they think their own property would 
possess if the cemetery was not there. 
They also do not like it because the prop- 
erty is, by provisions of section 9 of the 
charter of the association exempt from 
taxes and assessments, and because by the 
same section the opening of any street, 
road or highway through the ground is 
forever prohibited, without the consent of 
the incorporators. They think streets 
ought to be opened through the property, 
and they are also irritated because it has 
been held by the courts, in obedience to 
the mandate of a legislative act, that taxes 
cannot be assessed against the property; 
these people think that the property ought 
to be taxed like other property, notwith- 
standing the legislature has declared other- 
wise. Many of the principal witnesses for 
the defendant were persons of this class. 
That the ordinance complained of is un- 
reasonable and oppressive and was not en- 
acted for the health, comfort or well- 
being of the city, but was passed at the 
instigation of and for the benefit of per- 
sons residing or owning property in the 
neighborhood of the Union Cemetery, and 
particularly south of it, who believe and 
contend that its presence obstructs and im- 
pairs the progress of the city, delays im- 
provements and retards its growth in the 
direction of their holdings, and thereby pre- 
vents them from realizing the additional 
values which they think their property 
would bring if the cemetery was not there, 
also wish the cemetery abated because sec- 
tion 9 of the act incorporating it exempts 
its real estate from all taxes and assess- 
ments, and because the same section for- 
ever prohibits the opening of any street, 
road or highway through or across said 
lands without the consent of the incorpo- 
rators. That they caused the City Council 
to believe that streets should be opened 
through said property and that the same 
should be taxed and assessed for benefits 
received by improvements made by the city, 
just the same as other property in that 
vicinity is taxed and assessed, notwithstand- 
ing it is expressly exempt therefrom by the 
act of incorporation. 
There were many witnesses who so testi- 
fied at the trial ; also that they presented 
petitions to the Common Council embody- 
ing those views and stating that the “con- 
tained use” of said property for cemetery 
purposes was greatly detrimental to the 
property interests of that section of the 
city; that “the expansion of Kansas City is 
injured by the fact that Union Cemetery 
lies exactly in the path of the city’s great- 
est development. Its continued use as a 
cemetery, in the heart of the city, is not 
only against property values, but against 
public welfare, as recognized in every com- 
munity.” 
(To be continued.) 
AND CONTRIBUTIONS 
J. J. LEVISON, Brooklyn, N.Y., Sec.-Treas. 
OFFICIAL COMMUNICATIONS 
H. S. RICHARDS, Chicago, President 
A. A. P. S. EXECUTIVE BOARD MEETING. 
At the meeting of the Executive Board 
of the American Association of Park Su- 
perintendents, held at Hotel Astor, New 
York City, March 9, there was a large 
representation of local members and visit- 
ors, and the meeting, in the absence of 
President Richards, was presided over by 
Vice-President W. S. Manning, of Balti- 
more, Md. 
Secretary Levison was authorized to 
send out notices to all members, notifying 
them of the proposed changes in the con- 
stitution, in accordance with the resolutions 
passed upon at the last meeting in Denver 
and recorded in the Fifteenth Annual Pro- 
ceedings of the Association, on page 35. 
The date of the next annual meeting was 
decided upon to commence on Monday, Au- 
gust 24, at 3 p. m., and terminate on Thurs- 
day, the 27th. In this connection a com- 
mittee consisting of Messrs, Merkel (chair- 
man), Austin, Beatty, Burgevin, Coldwell, 
Haible, Zartmann and Levison was select- 
ed by the chairman to take care of all de- 
tails and arrangements for the entertain- 
ment of the members. 
A transportation committee consisting of 
Messrs. Richards, Merkel, Wirth, Paul, 
Stinhauer and McLaren was appointed by 
the chairman and suggestions were made 
that the matter of making this committee 
a permanent one be brought to the atten- 
tion of the association at its next annual 
meeting. It was the intention in selecting 
this committee to represent every section 
of the country. 
It was decided that at the next annual 
meeting the association be urged to select 
its Executive Committee from members lo- 
cated as near as possible to the meeting 
place of that year. 
The matter of charging for publications 
issued by the association was discussed in 
view of the fact that there has been an 
unusual demand for special copies by mem- 
bers and outsiders. It was decided to 
charge cost price for all copies outside the 
one regularly sent to each member of the 
association. 
Five new applications for membership 
were approved, two resignations accepted 
and two appeals for a change from special 
to active membership were tabled until the 
annual meeting. The resignation of John 
W. Dunbar was not accepted and deferred 
for consideration at the next meeting. 
It was decided to have a very simple 
form of badge for the next annual meeting. 
Commissioners Ward and Eliot, in per- 
son, and Commissioners Ingersoll and 
Whittle, through their representatives, all 
of New York City, extended their hearty 
welcome to the members and promised 
every possible assistance in providing auto- 
mobiles and other facilities for viewing the 
parks in the city of New York. The 
mayor of the city of Newburgh was also 
very cordial in his invitation and promised 
to extend every possible courtesy in his 
power. 
In view of the fact that there are many 
members still in arrears and that the treas- 
ury needs their remittance, the secretary 
was asked to send out a third notice in the 
form of a letter urging the members to 
pay at their earliest possible convenience. 
The business of the meeting was trans- 
acted with very little loss of time and the 
