The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-06
CITY INTELLIGENCE.
For Additional Local Nems see Third Page.


A RESUME OF THE BURIAL GROUND"
CONTROVERSY, WITH OTHER M MATTERS THERETO
APPERTAINING.-The nnal examination, with
reference to the accumulation of evidence for
and against the proposed sale of the Lutheran
Cemetery, bounded by Eighth, Vine, FRANKLIN,
and Race streets, took place yesterday, Both
parties are now anXiously awaiting the case at
the Common Pleas, the arguments then to be
set FORTH and the final decision.
We propose to give brief resume OF this con-
troversy. from its inception three years ago.
In the early part of 1854, the German Lutheran
Church Council, composed of officers and mem
bers elected from the congregation, determined
by vote sell certain properties belonging to the
in depth from the west front of this burial
ground, for the purpose OF liqudatin9 an OUT
standing debt against the corporation, which
was productive of great evils Agreeably with
this action, petition was presented, in Febru-
ary, 1864, to the state Legislature, praying
for the privilege of disposing of these proper
ties. This was refused. In October of the same
year, a second petition was presented to the
Court of Common Pleas, which granted its
prayer in part by appointing an examiner to
take testimony for and against the cemetery.
against the sale; but the Court overruled this,
and directed another the last examination,
which has just been concluded.
Now the arguments in the case are as follows
The Churcn Council, and that part of the con-
enter plea to the effect that funds are neces-
sary for the liquidation of the Church Indebted
ness. To meet this argument, the opposition
give evidence that the income accrulng to the
corporation from ground rents, real estate in
terest, ETC., amounting to about $4,000 per
Whole debt can Within ten years be paid off,
leaving yearly margin fully sufhclent TO meet
the contingent expenses of the Church in all its
efforts. Secondly, the Council set forth that
money is needed to extend the sect, to build
church edifices nearer the outskirts Of the city,
to establish schools thus giving the denomina-
ton abroad foundation and more enten-
sive influence.
money could be quickly raised from the sale
OF other real estate without any sale from the
cemetery, which would be amply suthclent to
meet all demands in this direction. The oppo;
sition, composed in part OF late members ana
outsiders interested, bring forth many argu-
ments in support their position. First II the
cemetery is sold, 1t will be an lmposSlDlllIy 10
identity the graves OF deceased relatives and ana
friends, in case of removal as the headstones
were removed in the year lS4S, when the ceme-
terry was refiJted, and not rightly replaced.
Also, that numbers OF the graves were never
marked by any kind of head-board, and conse-
quently no proof the correct whereabouts can
Yesterday afternoon George Wagner. Presi-
dent OF the Church corporation, testlhed In
evidence that, when the battle-ground was
refiIied and the headstones removed, stakes
were carefully driven and carefully marked,
were placed in the exact sections occupied by
the stones, and that, after the reIllment the
monuments and head-boards were rightly re-
! placed He also says that out OF every twenty
graves but one was without any mark what
ever: and when the new earth was laid on, it
was smoothed above them, and their 1denbnca-
ton is forever lost. Now taking into conslde-
ration that there are inferred 10000 bodies, by
the above statement 1000 are without any posi-
tive mark. Looking at this fact in the abstract,
IL is questionable whether any class of people,
who know not where their relatives were in
\ TERED would consent to the removal of their
bodies, their sacrilegious disturbance, or coun-
tenance any proposition to that effect.
The Church Council, according 70 their petit
ton do agree to disinter those bodies now lying
in that part Of the cemetery to be sold, and giv'
II them q decent burial in q new lot opposite
Laurel Hill. This is opposed because, the oppo,
6ition assert, the size Of the ground VIII not
4 permit of such decent and separate burial.
The opposition offer another argument, whlch
4 bers of the Church, by the payment of certain
sums, bought plots OF ground LOT onrlai pur- pun
noses Certificates to this effect were lately
4 filed before the Examiner giving full, COM
plete, and everlasting ownership 10 such pur
chasers, ndthe right 10 erect STONES ana inon9 ~
of such purchasers, in part, landhoIders OF th'
whole cemetery.
Section seven of the charter of the corpora
tion, which was granted in 1865 by William
Penn, and confirmed in 1850 by the Legislature
says:-That the said officers Of the church, no
their successors shall not for debt, fine, or re
coVery, grant, alien, or dispose OF grounds, tene
ments, or messuages, by any means or in an!
manner to any person whatsoever,
These are the main arguments in the case OF
both sides.
Democrat Germany, the other day, IL was as
serted that this journal was the champion" o
the opposition because IN lts columns Sdt. %er'
the opposition, deduced from examinations
i before the lawful examiner; when this paper
but made public the real facts in the case.
asserts, also, that the sale Is necessary, becaus
the debt of $4,000 is detrimental to the progres
of the Church. The amount of this debt bear
strongly on the final decision Of the question a
issue. Instead of being $4,000, according TO tn
many petitions and afhrmations during tn
two years past, the amount Of the debt ha
mysterously fluctuated from S4S,OO0 to S55 0Ol
The amount $50, 900 has not yet been set forth il
evidence The article sets forth that this jour
nal considers the Lutheran schools controlle
by this denomination as inferior TO the Englls
primary when that fact has been one OF tn
causes which led TO the separation in tn
Church. and a remote cause OF this con
troversy. The article in the Phikadelpht
Democrat disproves nothing, but conclude
with little blunt Vulgarfsm, hoping, n
doubt, thereby TO give effect TO the articl
the contents OF which are merely opinions. nc
facts.