PARK AND CEMETERY. 
165 
Another witness said that in the potter’s 
field the grass looked as though it had not 
been taken care of through the entire sum- 
mer. He was one of the party who went 
into the cemetery and drove a sharp steel 
rod into the graves, to ascertain how deep 
they were buried. 
Henderson, another witness, whose testi- 
mony on ocher points has already been re- 
ferred to, described everything as “wild 
looking, in a wild, chaotic condition” ; “I 
don’t think they spent five cents a day on 
it.” His visit was on the Monday before 
I the trial began. Henderson saw pools of 
water there, “and weeds and reeds and 
brush, and everything like that,” in the 
north end of the cemetery, and he saw 
green scum. 
Such additional evidence as may be nec- 
essary for a proper presentation of the law 
and facts of the case will be mentioned 
in connection therewith, in the opinion 
' which is to follow. 
OPINION. 
I. 
There are many questions of fact and 
propositions of law presented and ably dis- 
cussed by counsel for the respective par- 
ties to this suit ; but after all, when re- 
j duced to their final analysis, they tender a 
I simple controverted fact for determination, 
and that is : Is the ordinance which was 
duly enacted by the Common Counsel and 
approved by the Mayor of Kansas City, on 
July 14, 1910, prohibiting further burial 
within the territory embraced within the 
terms of that ordinance, reasonable or un- 
reasonable? 
If that question is to be answered in the 
j affirmative, then it will become the duty of 
the court to hold that said ordinance is 
1 valid and binding upon all parties con- 
cerned, while upon the other hand, if we 
| should answer that question in the negative, 
then it would equally become the duty of 
the court to hold said ordinance invalid and 
inoperative. 
Preliminary to a disposition of that ques- 
tion it becomes necessary for the court to 
determine a certain legal proposition inter- 
posed by counsel for defendants, as a bar- 
rier against the right or authority of the 
court to inquire into the question of the 
reasonableness or unreasonableness of the 
ordinance in question. 
Counsel for defendants insist that the 
law conclusively presumes that the Com- 
mon Council of Kansas City, which is the 
legislative body thereof, fully investigated 
the conditions that existed in and about the 
Union Cemetery, and the effect those con- 
ditions had upon the public and the health 
of the city; that it must have found that 
further burials in said cemetery were detri- 
mental to the public health, and that in the 
exercise of the police power of the city 
it enacted c aid ordinance to preserve the 
health and well-being of the city. 
In support of this insistence we are cited 
to several provisions of the city charter 
and adjudged cases from this and other 
states. 
Without stopping to review those au- 
thorities, it is sufficient to say that what- 
ever may be the rule in other states in 
regard to that matter, it is fully settled, 
and that it is no longer an open question 
in this state, that the courts hereof have 
the undoubted right to inquire into the rea- 
sonableness of any ordinances, though duly 
enacted, by any and all cities of this state. 
This question was ably presented to this 
court en banc, in the case of the American 
Tobacco Company et al. vs. The City of St. 
Louis et al., not yet reported, involving the 
reasonableness of an ordinance separating 
the railroad and street crossing at Tower 
Grove Park and other points in that vicin- 
T'ne eighth annual convention of the 
Railway Gardening Association will be 
held in New York City, August 11 to 14. 
A complete program has been prepared and 
many interesting and instructive letters 
pertaining to this work will be read and 
discussed. 
The headquarters while in New York 
will be at the Hotel Breslin, Broadway and 
Twenty-ninth street. The management has 
given us the use of their convention hall 
for the meetings and. very reasonable rates 
for rooms. 
Partial Program. 
Tuesday, August 11. 
10:00 a. m. to 12:30 p. m. — Opening meet- 
ing. 
2 :30 p. m. to 5 :0Q p. m. — Business meeting. 
If necessary, part of the evening will be 
devoted to business meeting. 
Wednesday, August 12. 
9 :00 a. m. to 12 :00 m. — Business meeting. 
2 :00 p. m. to 5 :0Q p. m. — Business meeting. 
Evening — Go as you please. 
The Fairmount Park Art Association, of 
Philadelphia, in its last annual report an- 
nounces that by the will of Mrs. Ellen 
Phillips Samuel, who died October 1, 1913, 
the association became the legatee to 
$500,000 to erect on the east bank of the 
Schuylkill River, at distances of 100 feet 
apart, on high granite pedestals of uniform 
ity. After a careful review of all the au- 
thorities the court unanimously held, in 
conformity to its previous rulings, that the 
courts of this state possess the power and 
authority to investigate and pass upon the 
reasonableness of any ordinance enacted by 
any city, town or village in this state. 
Counsel for defendants have not shown 
or suggested any good reason why the 
ruling of this court in the case mentioned, 
which is in harmony with the previous 
rulings, should be departed from or 
changed. Nor have we, in the investiga- 
tion of this question anew, discovered any 
substantial reason which would justify a 
departure from that ruling. 
We, therefore, rule this insistence against 
defendants. 
(To 6e con tinued .) 
Thursday, August 13. 
9 :00 a. m. — Business meeting, election of 
officers, etc. 
Adjournment. 
1 :00 p. m. — Trip on Central Railroad of 
New Jersey to Somerville and Dukes 
Farms and Gardens, stopping en route 
to have photo of party taken by Mr. 
Morris, at Fanwood Station. 
Each member of the party will be pre- 
sented with copy of photos with compli- 
ments of Central Railroad of New Jersey. 
Friday, August 14. 
9:00 a. m. — Trip to Ocean Grove via Sandy 
Hook boats and train, compliments of Cen- 
tral Railroad of New Jersey. 
Afternoon — To Coney Island or suit in- 
dividual tastes. 
Members are requested to kindly advise 
President F. W. Vail, of Dunellin, N. J., at 
the earliest possible moment as to whether 
they are going to attend so that he can 
complete the program for all business and 
social features. 
shape and sLe, statuary emblematical of 
the history of America, ranging in time 
from the earliest settlers of America to the 
present era, arranged in chronological or- 
der, the earliest period at the south end 
and going on to the present time at the 
north end. 
EAST BANK OF SCHUYKILL BELOW GIRARD AV. BRIDGE, PHILADELPHIA; SITE 
OF PROPOSED ELLEN PHILLIPS SAMUEL MEMORIAL. 
RAILWAY GARDENING ASSOCIATION CONVENTION. 
PROPOSED FAIRMOUNT PARK MEMORIALS. 
