180 
do not know of any special court decision, 
but for thirty years this cemetery has pro- 
hibited outsiders from putting in founda- 
tions, and the writer understands that it is 
the common practice in all the better cem- 
eteries. A rule of this kind can be easily 
defended both on the ground that it is for 
the best interest of the lot owner as as- 
suring him a proper foundation for his 
monument, and also on the ground that it 
is quite proper for the cemetery, which 
has the future care of the grounds before 
it, to take reasonable precautions to see 
that proper foundations are put in, so that 
future expense may not be entailed. We 
have also had in force for many years a 
rule prohibiting outside florists from doing 
work in the cemetery and also a rule re- 
quiring lot owners to have the graves 
properly prepared for planting by the cem- 
etery employees before planting flowers. 
In spite of many threats of legal proceed- 
ings, these rules have never been attacked. 
I am inclined to doubt whether a rule ab- 
solutely prohibiting a lot owner from 
planting flowers would hold, but the whole 
spirit of the present tendency of the court 
is to uphold reasonable restrictions. 
W. N. Rudd, 
Pres., Mt. Greenwood Cem. Assn. 
Chicago, 111. 
You tell our friend and brother over in 
Illinois that he has a perfect right to make 
all the rules he wishes for the protection 
and permanence of his cemetery and its 
PARK AND CEMETERY. 
people. It is not only his privilege, but 
his duty, to make rules and regulations for 
the protection of his cemetery, and I am 
sure there is no court anywhere but what 
would decide in his favor. We not only 
reserve the right to construct the founda- 
tion, but we reserve the right to set the 
markers and also the bottom base of all 
monuments, and then we know they are ab- 
solutely right. John J. Stephens. 
Supt., Crown Hill Cemetery. 
Indianapolis, Ind. 
In Massachusetts the law reads that a 
cemetery has the right to make rules and 
regulations governing their cemetery, pro- 
viding same do not conflict with the 
statutes of the said commonwealth. I think 
you will find that the courts will uphold the 
action of cemeteries in having their rules 
and regulations conformed to. Of course, 
there must be the above rule in order to 
protect the cemetery. 
George W. Creesy, 
Supt., Harmony Grove Cemetery. 
Salem, Mass. 
A charter permitting a cemetery to op- 
erate usually carries with it the authority 
to make whatever rules and regulations 
the trustees or directors who are in charge 
may deem best for the management of the 
grounds. It is customary in all well- 
governed cemeteries for all foundation 
work to be done by the employees of the 
cemetery under the supervision of the su- 
perintendent in charge of the grounds. I 
have never known of a case brought into 
court by anyone claiming the right to do 
such work and ignoring the cemetery man- 
agement. It is very important for the 
good government of any cemetery that all 
the work done on or below the surface of 
the cemetery grounds be performed by the 
employees. It is just as reasonable for 
an individual to claim the right to dig a 
grave as to build a foundation for a mon- 
ument or mausoleum. I have had over 
forty years’ experience in cemetery man- 
agement, but have never had a case of the 
chaiacter you mention come to my notice. 
Wm. Salway, 
Supt., Spring Grove Cemetery. 
Cincinnati, O. 
Some years since we had a suit over this 
matter here in our cemetery and you pub- 
lished an account of the matter in Park 
and Cemetery. We first notified the man 
in question that we forbade his working in 
the grounds, then arrested him, brought 
him before a local court, followed his ap- 
peal, and finally carried the case to the 
highest court in the state and were sus- 
tained. Our salvation consisted in the fact 
that our deeds stated that all lots pur- 
chased were subject to the rules then in 
force or that might thereafter be made. 
As our directors had made such a rule, 
this covered the point at issue. 
F. S. Newcomb, 
President, Cedar Grove Cemetery. 
New London, Conn. 
LOOKING AHEAD TOWARD PLANTING TIME 
By E. M. Swiggett, Supt. of Parks, Utica, N. Y. 
Every spring there are many people who 
are compelled to see the beautiful flowers 
and shrubs in other people's yards and 
realize that, only, if they had not thought 
a year a long time to wait, they would then 
be enjoying their own. It is the taking 
the thought and a little time, the doing it 
now, that makes all the difference. 
Right now is the finest time in the world 
to order seed and nursery catalogues ; get 
familiar with the names of all the plants, 
shrubs and trees you have always wanted, 
start planting seeds for next year’s per- 
ennials, and make up your order for ever- 
green planting in August and tree and 
shrub and plant, setting out in October. 
The following lists are simple, self- 
explanatory and contain some information 
in brief form, which, if not new or start- 
ling, will, I hope, be useful to those who 
always "have intended” along the line of 
home planting: 
STREET TREES. 
Acer Platinoides, or Norway Maple, is 
one of the best for general purposes, stands 
drought well, has a fine form, and is not 
subject to nearly so many pests and troubles 
as other maples when used for street 
planting. 
Catalpa Speciosa, or Western Catalpa, is 
a fine, round-headed street tree with large 
leaves, handsome purplish flowers in the 
spring and with a much lighter green 
shade throughout the season than the other 
important street trees. This tree is not 
particularly subject to the smaller insect 
pests which go after elms and maples, but 
it will require more careful attention in the 
line of rearing and pruning, in its earlier 
years. 
Lirodendron Tulipifera, or Tulip Tree, is 
a very unique tree which does very well in 
the middle and more northern latitudes, 
has a good form, attractive foliage and pale 
green-yellow blooms about the general size 
and shape of tulips. 
Tilia Europaea, or European Linden, is 
another fine street tree with rounded 
leaves which are smaller than the native 
linden. The tree is not nearly so brittle 
and easily broken as our own. 
Ulmus Americana is the well-known 
American elm which, although the most 
beautiful of all street trees, is subject to so 
many insect depredations that it is neces- 
sary to be trimming, shaping, or spraying 
it practically all the time. It is because of 
these troubles and to secure variety and 
fairly rapid growth that I have given the 
other varieties of street trees best adapted 
to general city planting above. 
For country roads and along park drives 
many other trees, including sugar maple, 
may be used. 
In planning the placing of trees in front 
of your homes always consult the city 
forester to see what particular species of 
tree ought to predominate on your street— 
that is, when there is a city forester. Chi- 
cago, New York and many other large 
cities and some smaller ones have exceed- 
ingly competent city foresters who will be 
glad to give inquiries prompt attention and 
whose only wish is to serve the public to 
the best advantage. These men know what 
should be done. 
MIXED PLANTATIONS FOR CORE OR 
BACKGROUND USE— TREES. 
For giving backbone to plantations, for 
backgrounds, for conventional border plan- 
tations, all of the above sorts and Alian- 
thus Glandulosa, or Tree of Heaven, also 
called Japanese Sumach, Betula or Birch 
in variety, Castanea or Chestnut, Carpinus 
or Hornbeam, Catalpa Bungei, Celtis or 
Hackberry, Cerasus-Prunus or Cherry, 
Chionothus Virginiana or White Fringe, 
