The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-20
CITY INTELLIGENCE.
[For additional Local Items see Third Page. ]

THE EIGHTH STREET LUTHERAN BURIAL.
GROUND MORE ABOUT THE DIFFICULTY-SECoND
MEETING OF THE OPPOsITIoN.-Since our last
article relating to the controversy tnen existing
between the two parties of The German Lu.
theran Church, arising from differences OF
opinions and views in relation to the disposal OF
the Eighth street cemetery, many more facts
and circumstances have been brought 10 light
as to the movements of both,
We then stated some OF the reasons which in
dUced the Church Council to apply 10 the courts
and the Legislature for the privilege of sale, and
which were mainly the desire, on their part, to
raise funds for the extension of their sect over
more COmUrehenstve territory--thus giving It
a stronger foundation and u larger field of ope-
ratlons. since then we have ascertatned that
there /. a standing inCumbranCe Ofabout $50 coo
on the church property, its redemption being
another reason offered for the sale OF the burial
ground, To offset all these arguments of the
church Council, the parties in opposition bring
many and strong reasons to bear upon the non
disposal OF the ground and the disintermeut or
the remains of their friends and relatives. In
relation to the matter of funds with which to
redeem the standing church debt, it is stated
that the trustees receive a yearly iuCome of over
$4,000 from real estate, and also q large
amount from pew rents, not counted. Tnls
amount it is stated, ii put to economical use,
would redeem the church debt within ten years,
thus making unnecessary the sale of any pro.
perty for such purpose.
The theory upon which tho action OF the
the charter, when two-thirds OF the congrega.
tion agree to the disposal OF a certain piece of
property, it has the power so to do. Second.
That the common law of England controls I'll
laws where the English language prevails as a
national language. And third. That the Eng.
lish courts have decided tnat all matters ap-
pertaining to burial grounds, and church pro-
perty generally, shall be referred to an eCCle
siastical court, which invariably sustains the
desire OF majority of the congregation as the
desire of the church itself. But this latter
theory has been overruied by the higher court
of New York State, which affirmed that blood
relatives have an undeniabl right to the relics
and graves where are laid the bodies of de-
ceased members of the family. The title of
that plot of ground is eternal with the heirs,
and cannot be revoked. This has been the de.
cison of the Superior Court of New York, and
the principle holds good in the courts of all the
States.
The Church Council do not desire the selling
of the wLole property, but only about one hum
dred and twenty-five feet, or one section Ga
quarter of the whole) from the south end. But
the selling of a section is met by the same oppo-
sition of the other party as the selling of the
complete ground. II the opposing party cohcede
the right to sell part, they concede the right
of the disposal Of the whole. The party in
minority, being the party in opposition, have
taken vigorous measures against the movement.
Examinations have been had before the proper
appointed officer in which evidence has been
adduced bearing strongly upon tine reasons as TO
why the measure is resisted.
1t has been ascertaine1 that a portion of the
church burial records have been lost, contain
ing the descriptions OF the eXac. places, and
where to be found, of those buried IN the
Lutheran Cemetery. Parties, therefore, who
otherwise would coincide with the proposed
removal, cannot now do so from inability to
designate the bodies, and where laid, of thcr
relatives. We stated in our last article
on this subject, that if the remova
should take place the bodies would be
rightly inferred in ground opposite Laurel
Hill Cemetery. 1t has been given in evidence,
and is the gst OF one Of the principal reasons
OF opposition, that the bodies, on account of
the extreme smalness of the ground proposed
to be used, cannot be deoently inferred, but will
have TO be placed in trenches.
In this same examination certificates were
produced by persons who had paid in sums
VARYING from twenty TO thirty-fve dollars for the
privilege of lnterment, thus becoming vir ually
the owners OF the land used as graves. Others
had written agreements to raise monuments
over the last restlng.places of their deceased
relatives. This ground is sacredly held III
memory by those living whose parents,
brothers, sisters, and friends have long rested
beneath its turf. The case for the opposition
has been placed in the hands of eminent
counsel.
An adjourned meeting was held by those who
opposed the measure, in the City Assembly
Rooms. The attendance was fair, Il large num-
Der of ladies being present.
Notice was given that an examination was to
be held this CThursday) afternoon at O'Clock,
by the same examiner, at the Wetherill House,
SAMSON street, above Sixth. An addition of
five ladies and gentlemen each was made to
the Finance Committee. A motion that an
advertisement should be inserted in three prin-
cipal daily journals, giving the place of bust
ness Of the Treasurer, Henry Grambo, No. 432
Chestnut street, with Moss x Co., was carried.
The meeting adjourned, to be called at the dis
Cretion OF the officers.