Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-26
THE OLD CEMETERY.
The Proposed Removal Of the Walls
Temporary ID1uctEOn Obtained.

|
Broad street, has, as is generally known,
excited considerable feeling in the commu-
ni'y and been pretty thoroughly discussed.
As arrangements were being made to
| commence the work, certain citizens who
have members of their family buried in the
| cemetery, and who are opposed to tue pro-
posed action of the Council, applied TO
Judge Fleming, of the Superior Court, Tor
a writ of Injunction restraining the city
authorities from proceeding with the work
Judge Fleming is in Liberty county, and
the bill for Injunction was sent him on
Saturday last. Yesterday the paper
was received from Judge Fleming
granting the restraining order and requiring
| the Mayor and Aldermen of the city OF ga
vanD alb to show cause, at some day not yet
designated, why the perpetual injunction
should not be granted as prayed for. In
view of the general interest manifested IN
the matter we present copy In full OF the
BILL OF INJUNCTION.
Georgia, Chatham County.-To the Homo
rable the Superior Court of said county:
Humbly complaining sheweth unto your
| Honor your orators, John Williamson, JAS.
j. MCGOWAN, Walter G.. Charlton, R. B.
Habersham, John R, 9i!lISSn, John t. Roman,
q Nj Rran go, L. H. de Montmollin, w. G.
/ Purse, r R. Richards, E. L. Segur, in behalf
| of themselves and such other persons as
may have similar interests in the subject
matter of this suit, and who may hereafter
| come in and be made parties hereto, that
they are citizens of Savannah, residing In
said city, In the county aforesaid; that their
respective ancestors, relatives and kindred
| who lived in said city, and died therein,
| were buried in the Old or Brick Cemetery
prior to the closing of the same. for pur-
| poses of interment, in the year 1853; that
said cemetery is located at the intersection
| of South Broad and Abercorn streets, In
said CITY, and is now enclosed by substan-
tial brick wall. averaging about eight feet
in height, above the surface of the adjacent
streets; that the land so enclosed by SAID
wall was dedicated by proper authority as
| place of burial for the dead, and spot
| wherein the ashes of our fOrefathers might
| quietly and safely repose; that this dedica-
| ton has been repeatedly recognized and &C
quiesced In by the municipal authorities OF
| the CITY of Savannah from time 10 time over
a period of more than one hundred years;
that as recently as ten years ago the mu-
nicipal authorities of said city, acting with
all the forms prescribed by law, declared,
and have so written in the book or ordi-
nances of said city, ''that 1t was the guy OF
the Mayor and Aldermen OF the city or Sa-
vannah to preserve said cemetery from ap-
preparation, H. wtole or In part,
| 10 any use inconsistent with the
original dedication;' yet, notwithstanding
the premises, the said the Mayor and Alder
men of the city Of Savannah, Ignoring their
want of authority so to do and the rights
of your orators and others In the premises
| did, on the fourteenth day OF July, A. ID.
1881, in Council assembled, pass and adopt
the following resolution, to-wit:
RESOLVED, That with view TO the preser-
walton OF the ground of the Old Cemetery,
on South Broad street, between Habersham
and Lincoln streets, for the purpose 1t was
originally designed, the Committee on
| Streets and Lanes be and they are hereby
authorized and directed to have the entire
wall fronting on Abercorn and South Broad
streets removed and the pavements on
Abercorn street widened on line with said
street. Adopted"
That YOUR orators put upon notice OF the
contemplated action Of said Mayor and
Aldermen by the publication OF said resolu-
ton, did cause inquiry to be made OF the
| Acting Mayor Of said city aud some OF its
| Aldermen as to their intention in the
premises and did give them notice OF the
| objection of some OF your orators, since
| concurred in by all, to the removal OF all Of
said brick wall on the lines OF South Broad
aud Abereorn streets, and more especially
to the proposed encroaehment OF the street
| or sidewalk upon the western line or
| boundary of said cemetery, which would
of said dedication, but of the ordinances Of
said city as now OF force.
| And YOUR orators allege that the removal
| of said wall upon the western line OF said
cemetery, as proposed by said Mayor and
Aldermen, and the encroachment upon the
cemetery on that side, will, II permitted,
expose the remains of all persons inferred
within the limits OF said proposed encroach-
ment TO the result Of any future improve
ment of the street at that point by way Of
| LAYING sewers or otherwise which might re-
| suit in their disinterment; that
there is no necessity whatever
for the proposed action OF said
municipal authorities in attempting to In
terfere with said dedication or to carry out
their proposed plan of widening the side
walk at that point, inasmuch as said side
walk now furnishes ample accommodation
| for all persons passing that way; that 1t is
in reality much wider than many of the
sidewalks OF the city, in streets where travel
| greatly exceeds that on Abercorn street,
and is for it's entire length entirely free
from all projecting distractions, making it,
| in it's present condition, one OF the safest
and best sidewalks in said city.
And YOUR orators further show unto your
| Honor that they have not only caused no.
| tice to be given to said municipal author1-
ties as above set forth of their objection to
| their proposed action, but that they have
|
| efforts and to recognize the Justice OF your
orators positions In the premises, but that
the authorities of said city refuse to recog-
| nIze your orators rights, and assert their
| intention to carry out said resolution by the
| entire removal of said wall of brick and the
occupation Of portion Of said cemetery on
| it's western line for the purpose OF widening
| Abercorn street, all of which your orators
| charge to be illegal and uncalled-for on the
| Of aff anthnritips inasmnt.h
! as the injury is of such character that
| equity alone can afford adequate and com
petent redress, your orators pray that the
said the Mayor and Aldermen OF the city Of
Savannah may be eDjoined from interfering
| with said cemetery or the walls forming its
| present protection, or from converting or
| attempting to convert any portion OF the
present area of said cemetery from the use
or purpose to which it has been dedicated,
and more particularly FROM attempting to
| encroach upon It's present lines for the
| widening of any sidewalk or street Of the
city of Savannah, or from removing, or
using after removal, any portion of the wall
of said cemetery or the material composing
| the same, which your orators charge does
not belong to the city of Savannah or it's
officers or agents, but is part OF said dedi-
| cation and should remain undisturbed (,
| and, iuasmuch as the injury apprehended
will be done IL an immediate remedy is not
| afforded, your orators pray that your Honor
will grant a restraining order pending a
| hearing of the application for Injunction,
and that the same may be set down for a
hearing, on motion, to dissolve the restrain
ing order at any time after five days notice
| to compliments solicitor by solicitor for
defendants. And your orators expressly
waive discovery, and pray that the States
most gracious writ of subpoena may issue to
the said defendants, commanding and re-
curing them to be and appear at the next
term OF Chatham Superior Court to answer
the complaints OF your orators Ia the
premises, aud to do and perform such de
cree as may be made In the premises, and
your orators pray that your Honor will
| grant such other and further relief as to the
court may seem meet and the equity of the
case may demand.
And your orators viii ever pray, ETC.,
L. III. DE MoNTMoLLIN,
COmplainants' Solicitor.
You, James j. McGowan, DO swear that
what Is stated in the above bill as of your
| own knowledge is true, and as to what is
stated on information and belief you be-
| neve to be true. JAS. j. MCGOWAN.
Sworn to and subscribed before me this
July %, 1881. J; X; Z. CARR,
Notary Public G. G. Ga.
Upon reading and considering the above
| bill it is considered and ordered that the
defendant show cause before me why in
| junction should not issue as prayed for, and
/ a. nd fY1r-