PARK AND CEMETERY 
217 
Cemetery Notes. 
The annual report of the treasurer of Riverside Cemetery, 
Cleveland, Ohio, shows the receipts for the year to be $17,- 
567.33, and expenditures $8,513.51 . The association has as- 
sets in cash and book accounts alone amounting to $57,826.80, 
and no liabilities. It was organized in 1875, and had a 
large indebtedness to pay during its early years. 
* * * 
The annual report of the Evergreen Cemetery Association, 
Riverside county. Cal., shows a prosperous condition of af- 
fairs. The cash on hand amounts to $4,892.02, and the total 
assets are $40,000, with no debts. The reserve fund is in- 
creased at the rate of $100 per month, and is to be used 
to build a receiving vault. W. A. Hayt is president of the 
association. 
* * * 
The Elmwood Cemetery Company has been incorporated 
in Winnipeg, Man., with a paid-up capital of $50,000, and 
will begin at once the work of laying out a modern cemetery 
on plans prepared by Frank H. Nutter, of Minneapolis. The 
tract is located on what has been known as McIntosh Gar- 
den, and embraces 36 acres of territory, sufficient for about 
25,000 interments. Plans for the mortuary chapel, receiving 
vault, administration buildings and stables are being pre- 
pared by the architect, and the grounds will be thrown open 
to the public next summer. Mr. Arthur Stewart, of the 
Board of Directors, has visited Minneapolis, Chicago and a 
number of other American cities in the past month, and 
announces that progressive methods of management as seen 
in the best American cemeteries will prevail. 
* * * 
The following additions and improvements to cemeteries 
are reported this month: A bill appropriating $1,500 for the 
extension of the Loudon Park National Cemetery near Balti- 
more has been introduced into Congress by Representative 
Schirm. * * The exterior work on the new administration 
building in process of construction at the Island Cemetery, 
Newport, R. I., is nearly completed. * * Oakland Ceme- 
tery, Little Rock, Ark., will annex adjoining territory and is 
to spend $8,000 in improvements. * The Pasadena 
Cemetery Association, Pasadena, Cal., has just completed a 
four-mile line of water pipe and a 750, coo-gallon reservoir. 
* * Oakwood Cemetery, East Aurora, N. Y., has pur- 
chased additional territory, and now embraces fifteen acres. 
* * Hoboken Cemetery, New Durham, N. J., will add 
forty acres of adjoining territory to its grounds. * * 
Blossom Hill Cemetery, Concord, N. H., has just finished 
the construction of 1,400 feet of iron fence, and has graded 
another large section and planted many trees and shrubs 
during the year, 
NEW CEMETERIES. 
The Chicago Cemetery Association has been incorporated 
at Chicago, with a capital of $100,000, by Eric Rosen, N. A. 
Nelson and Kent M. Olson. * * Walter S. Carter, a lawyer 
of Brooklyn, N. Y., has presented the town of Barkham- 
stead. Conn., with land for a new cemetery, and has given 
$7,000 toward its improvement. * * Fifteen acres of the 
Heck estate, Louisville, Ky., has been purchased for $20,000, 
to be used as a cemetery for colored people. * * Walnut 
Ridge Cemetery has been incorporated near Fayette, Mo. 
The officers are: J. B. Denneny, president; U. M. Williams, 
vice-president; W. W. Cloyd, secretary; H. K. Givens, 
treasurer. * * Twenty-three acres of land will be laid out 
as a cemetery near Dublin, Ga. * * The Oakland Ceme- 
tery Association has been incorporated near Ensley, Ala., 
with a capital stock of $10,000. The incorporators are: 
E. W. Whips, J. J. Walker, of Ensley, and H. M. Horton, 
of Woodlawn. * * The Hickory Grove Cemetery has 
been organized at Mamaroneck, N. Y., by Joseph L. Robert- 
son and others, of Bronxville. * * A stock company has 
been formed at Durand, Mich., to establish a cemetery. A 
site just east of the town will be purchased at an expenditure 
of $5,000, and the work of improvement will begin in the 
spring. * * Greenwich, Ohio, has just established its first 
cemetery. It is under the management of the town authori- 
ties. 
CEMETERY PROPERTY CANNOT BE REACHED THROUGH 
COURT OF EQUITY, 
As the supreme court of Michigan puts it, in the case of 
Avery and others against the Forest Lawn Cemetery Com- 
pany, 86 Northwestern Reporter 538, it was sought by the 
aid of a court of equity to acquire rights in the lands of the 
cemetery company which the parties bringing the suit could 
not have or obtain in an action at law, and in lands which, 
by the statute, were exempt from levy and sale on execu- 
tion or any other final process of a court. It was alleged 
that the company had not sufficient funds with which to con- 
tinue the maintenance of the cemetery; that it had no claim 
against any of the stockholders, because the stock in their 
hands was fully paid ; that these parties had proposed to 
the other stockholders that all should unite in paying a 
sufficient sum to insure the maintenance of the cemetery; 
that about three-fourths of the stockholders in value were 
prepared to pay such assessment as might be necessary for 
that purpose, but that the remaining stockholders were un- 
willing to make any advances, and the majority were un- 
willing, therefore, to make any payments which should inure 
to the benefit of the minority unless the latter contributed 
their proportion. What was asked of the court was that, in 
order to preserve existing burial rights in the cemetery, the 
lands might be sold, with such provision as the court might 
deem proper for the preservation of burial rights ; that the 
proceeds of the sale be applied to the payment of a judg- 
ment for some $18,519, which had been obtained by the 
parties suing against the company. The circuit court found 
by its decree that the company had the lands described, 
but that they had been laid out as a cemetery, with burial 
lots, ornamental grounds, roads, and pathways, and that 
it had no other property, and it held that the sale of the 
lands or any part thereof, under its decree, for the purpose 
of satisfying the claim mentioned, was forbidden by law, 
wherefore it denied a sale thereof, either directly or through 
a receiver or other officer of the court. And the supreme 
court holds that the decree of the lower court must be af- 
firmed. It says that it is the settled policy of that state, in 
common with the universal sentiment of mankind, to pre- 
serve and maintain the burial places of the dead. The legis- 
lature has by express enactment prohibited the sale, except 
for burial purposes, or mortgaging, of lands set apart for 
cemetery purposes. It has also in express terms provided 
for the exemption from levy and sale on execution, or upon 
any other final process of a court, of all cemeteries, etc., 
while in use as repositories of the dead. This was withm 
the power of the legislature to do, and so careful has the 
legislature been to preserve such properties for burial pur- 
poses that it has also in express terms taken it out of the 
power of the court of chancery to decree satisfaction of any 
judgment out of such exempt property. 
