306 
er of the other half, and if the owner of 
the other half would agree to take the 
east half, instead of the north half, that 
the company would change the certifi- 
cate and disinter and rebury the Irody at 
its own expense. 
The owner of the north half was a 
widow who had purchased the lot for the 
burial of her young daughter. The owner 
of the south half saw the son of the 
owner of the north half and they came 
to the office of the cemetery company 
together and agreed to the change. But 
the son testified that in agreeing to the 
change, he asked that it be done without 
notifying his motlier as he was afraid of 
the effect it would have upon her health. 
The cemetery company, in accordance 
with its usual custom, wrote a letter to 
the mother giving notice of the time 
when the disinterment and reburial of the 
daughter would take place. The mother 
and her daughter-in-law attended at the 
time designated and made no objection. 
When the coffin was raised out of the 
grave, the mother caught hold of it and 
asked to be allowed to see her dead 
daughter, but was gently restrained. 
A park should be educational as well as 
recreational. This would largely increase 
its value of charm. 
Recently I made a suggestion to Mr. 
Wirth, superintendent of the splendid Min- 
neapolis parks, where he had plenty of 
room to carry out the plan. 
Parks should be sectional. For twenty 
years I spent much of my time among the 
Rockies studying the trees, shrubs and 
flowers of that region. The Rockies are a 
section of themselves. There is a new or- 
der of vegetation as you enter them. There 
is nothing like them in the Eastern forests. 
Enter them and you enter a new and de- 
lightful world. It would seem as if Provi- 
dence had kept the best till the last. 
Now suppose you have in your park a 
Rocky Mountain section. This should be 
on a northern slope, if possible. 
INIost of the Rocky Mountain evergreens 
do well in our Northern states and, if well 
sheltered, on our rich prairies. The Engle- 
man spruce and the sub-Alpina fir will per- 
haps in some places need some protection 
from the afternoon sun. 
At the entrance there should be a fine 
lot of the stately bull pine with their long 
needles of deepest green. Then the Dery- 
das spruce. There is perhaps no single 
species with such a rich variety. Some are 
deep green, others a lighter shade. Some 
are erect and somewhat rigid in form and 
others are of a pendulous habit. 
Next we have the picea pungens wdth its 
royal robes of silver and sapphire glisten- 
ing and shimmering in the sunlight. Then 
the scepulorum or silver cedar, in form 
much like the Irish juniper, radiant in its 
silvery frostings. 
PARK AND CEMETERY. 
The suit was brought by the son as 
next friend of the mother to recover the 
sum of $10,000 damages from the ceme- 
tery company on the ground that as a 
result of the cemetery company selling 
the wrong lot, and by reason of the said 
mistake the mother had suffered great 
mental anguish and had been made per- 
manently insane. Plaintiff’s declaration 
contained six counts, two being based on 
the theory of trespass to the real estate, 
and four alleging breach of contract and 
negligence in selling plaintiff the wrong 
lot. 
The trial judge dismissed the suit on 
the hearing. Attorneys for the cemetery 
company invoked the well-known rule 
of the common law that there can be no 
property in a dead body, and that when 
a dead body is buried, it becomes a part 
of the earth to which it is committed, 
“Earth to earth, ashes to ashes and dust 
to dust.” That consequently the only 
damages recoverable, if there be any lia- 
bility, would be only the extent of the 
damages done to the lot. The trial judge 
EDUCATION 
While young the puryisis is the most 
beautiful tree on earth. After about thirty 
years the lower limbs begin to die and it 
looks rigid and must go to the brush pile. 
At the Arnold Arboretum at Boston quite 
a lot outgrew^ their usefulness and beauty 
and had to be cut down. But here comes 
the stately concolor or silver fir. This is 
like the genuine Christian, growing more 
and more beautiful and symmetrical with 
age. I have seen them 75 feet tall and 4 
feet through, grand and imposing. These 
are fine drought resistants. I have seen 
them growing robust and beautiful in the 
sod in a Nebraska cemetery. There are 
fine specimens on the Hummel estate at 
Wellesley, Mass. They are so grand and 
imposing money could not buy them. 
The Flexilis or limber-twigged pine is 
something like our Northern white pine, 
though much more hardy for the West. I 
have raised them by the thousand from 
the seed and as far west as the 100th 
meridian they have done well. This tree 
has an immense cone which adds to its pic- 
turesqueness. One day, climbing up the 
side of a high mountain with a friend, we 
saw in the distance a remarkable tree. We 
were tired and out of breath, but we went 
to it, and, lying on the ground, we laughed 
at it. It was as if a thousand foxes had 
rushed to a common center and left their 
tails outside, and they had all turned green. 
This was the Aristata or foxtail pine. 
Another evergreen of pale green and 
erect halut is the pinus contorta, so named 
because when the lower limbs die they 
seem to writhe and twist like serpents. 
This is identical with the lodge pole pine 
of the Yellowstone Park. 
held this to be the well settled rule in 
the absence of any proof of a willful 
tort. The trial judge stated that the law 
regarded with great disfavor any disturb- 
ance of the graves of the dead. The po- 
sition was taken that the law regards any 
such disturbance wdth so much disfavor 
that, if a dead body be wrongfully buried 
in a lot, the lot owner could not have 
the body removed, the only remedy of 
such lot owner being to sue for damages 
for burying a strange corpse in his lot. 
Not only that, but the family of the de- 
ceased wrongfully buried could not dis- 
turb the grave without the permission of 
the owner of the lot. In the event of 
the burial of a body in the w’rong lot, 
the law seems to be that before such 
body can be disinterred and reburied, 
that the consent of both the next of kin 
of the deceased and of the lot owner 
must first be obtained. From this it 
seems that the family of the deceased 
person buried in the wrong lot would be 
without remedy. The case has been ap- 
pealed to the Supreme Court of Tennes- 
see and the final outcome is awaited with 
interest. 
IN THE PARKS 
There are some very fine shrubs, among 
them the Rubus Deliciosus and the broad- 
leaved sahnonberr}-. One of the most at- 
tractive plants is the Berberis Repens or 
creeping barberry. This is one of the most 
prolific and fragrant flowering plants to be 
found anywhere. The delicate odor seems 
to float in waves over the ground and you 
wade in it. 
I can only touch on the treasures of our 
Rockies. Now have a section properly laid 
out and carefully named and you have a 
wide-open book. What a delight for school 
children to visit the Rocky Mountains at 
home, without the expense of a ticket. You 
may read about trees and plants, but you 
want to see them and visit with them and 
at times to become acquainted with them. 
Then other sections of the globe should 
be planted. Since Prof. Hansen has made 
such collections' from Siberia, there should 
be a collection from that region. What a 
show he could make of his different kinds 
of alfalfa and the marvelous Hipoplua, 
which is crowded, pressed and packed with 
fruit much like our buffalo berry. 
What a collection from Japan, headed by 
the giant tree lilac ! 
Then there should be a section from 
China. Since Wilson, at the peril of his 
life, has gathered such treasures from her 
distant mountains, there should be a large 
planting of trees, shrubs and flowers. 
Europe should be well represented. Then 
it would be well to have an exhibit from 
the state in which the park is located, with 
everything labeled. 
I simply outline what can be and will be 
done sooner or later. 
C. S. Harrison. 
HORTICULTURAL 
