Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-28
OUR CITY CEMETERIES.
Inquisition Before Judge Henry-Published
Statements Found to be Correct.

yesterday morning, the City Attorney stated
to Judge Henry that he had formal infor.
nation to present to him, sitting as an inquisi-
torial magistrate, and proceeded to say that
grievous violations of the local laws had been
brought to his attention through the medium
of the RECORD. UNION, relating to the matter
of the interment of deceased bodies in the
city cemeteries. It is alleged that for many
years past those in charge of the interment Of
the dead have not complied with Section 9, of
Chapter 3, of Ordinance IL, of this city.
That the deceased bodies are not buried four
feet below the surface of the earth, and that
these interments range all the way from four
inches to three fest below the surface, whether
natural OF artificial. Mr.. Anderson said it
became his duty, as the law officer of this
city, 70 present to his honor, as a magistrate,
an information calling for an inquisition to
ascertain by dispositions the true state of af.
fairs, othatthe lawsmay be properly enforced.
The Judge asked the City Attorney for his
opinion as to the jurisdiction Of the subject
matter, the City Cemetery being without the
CITY limits, to which reply was made that
under Subdivision q of Section 2 of the or
esnic law Of this city the Board Of Trustees
has full control and management of all city
cemeteries, and having exercised that right
by passing Ordinance No. II, which pro-
yidas for the management of the cemeteries,
and under the same charter the Police Court
being given exclusive jurisdiction over al
city ordinances, there could be no question of
| jurisdiction.
The Court then directed that the examina-
ton into the matter proceed, and witnesses
were called and examined By the City At
Trustee Nielsen said the cemstery was
managed by Superintendent who was
elected to that position by the Board of City
| Trustees. The Trustees had the power to and
did regulate the management Of the Gems.
! teriss. He said rs far as he had been able to
learn, and from recent examinations made By
him, be was satisfied that there had not been
| inferred for twenty years past body in any
/ of the city cemeteries according to lay.
! From investigations made within few days
past he was satisfied that the intsrments
made during the time Mr.. Laufkotter had
! been Superintendent were mora ia accord |
ance with the spirit Of the law than those Of
| any of his predecessors. Ills examinations |
on Thursday LAST webt to show that the tops
of the boxes inclosing the collins were at 6 |
| depth beneath the surfa ranging from feet |
| 10 inches to feet ! inch. In all these |
measurements from to inches, he ssid, |
must be added, there being that much differ |
euce between the top Of the coffin and that of !
the box. He said that William Laufl1otter |
/ WA5 superintendent anu lis uOpulltb we're |
William Naughton ct the City Cemetery and |
! Nicholas Mohn at New Helyetia.
! VIM. Nauheton said he had been employed |
at the City Cemetery fer great many years. |
| For the past seven months he has been act. |
ing as Deputy Superintendent under Mr.. |
| Lsuikottsr. The graves, he said, as sgeneral |
rul5, were dug according to Instructions given |
to the sexton by the undsrtskers. The graves !
dug by him average in depth five feet four inch
es, five feet two inches, and five feet. He said
many Of the graves were less than four feet |
from the top Of thu coffin to the surface of |
the ground. Witness explained about the |
unaveuness Of tine surface, the filing in OF |
vailed lots, the Ehallownsss Of graves in pau
per row, etc.
J. f. Miller, who had measured the depth |
OF large number Of graves in the different |
cemeteries, the result of which has been here
tofore published, testified to the correctness |
OF his measurements under oath.
W. Q. EarnsVorth, o former Supsrintend- |
eut Of the cemeteries, says that the depth of |
graves vary from thirty five TO thiFtyeight |
inches from the top of the coffin to the sur |
face. He knew Of one or two Of much less |
depth. He had dug many graves which he |
supposed were deep enough ct the time, bus |
he il satisfied row that they were not Of the I
depth required by law.
Cornelius Ryan, who is employed at the |
csmetery, Gays he knows OF large number |
Of interments less than four feet from the |
surface.
Thomas Pendegast said the depths of the !
graves when dug were FIVE feet. The top of |
graves where Cinnamon are inferred are less
than three feet above the coffin. Saw some
that were under the ground less than twenty
inches they, however, were not of recent in
tsrment.
Nicholas Mohu said he was in charge Of
New Helve.ia Cemetery. He dug his graves
about five feet dssp. The tops Of the cofiins
are not under the ground four feet Some
that were buried in 1882 are not under the
ground more than eight inches. His graves
are much deeper than those OF his predecea.
soTs. He gave description of the Chinese
intecments, and thought the coifins were
about three feet beneath the surface.
William Il. Chamberlain said ne had bsen
employed ct the cemetery for many years
Before the passage Of the ordinance in cues
ton the rule wss to plaza tho Collins three
feet beneath the surface. de was satisfied
thas odorless gases arose from dead bodies
that were poisonous and very dsleterious to
health.
Il having reached the hour for recess, and
a meeting of the Board Of Police Comrnis
siOneIs being called for 2 o'clock, further hear
ing Of the case was continued until 10. day at
Ii Al Ii.
Matt f. johnson, who appeared as eoun-
ssl for the Superintendent Of the City Gem.
etery. asked, IS What was The object of the
investigation, If it was nos To lay the founda,
tion for criminal prcsscution?'
Mr.. Anderson replied That he had no de-
sire TO prosecute any citizsD, more particu.
larry fellow city official. That thu only
object was TO ascertain whether there had
been such violations Of our laws as would en-
danger tie health and safety OF the commu-
nifty by the reckless snd unlawful interment
Of the dead, so az TO create and spread deadly
and poisonous gases which might cause dis
ease and death to the living. Under Ordi-
nance II, Chapter 3, Section g. the Board of
Trustees had declared it necessary to bury all
deceased persons ct least feur feet beioW the
natural surface of the ground. Now this in.
vestigstion is to ascertain whether the ordi.
naocs has been violated. Upon the question
Of the policy Of the ordinance, it is not for
this tribunal to pass. That is matter en-.
tirely with the locsl law-making power of our
city. When the Board of Trustees declared
by ordinance that interments "shall be four
feet below the surface, it must have been
with view 70 the sanitary relation Of the
city. No other power shall have the direction
Of the manner or depth of buriais, and it
must be accepted that the Board has seted
with regard TO health and well-heine of the
city. If this ordinances is not in accord with
reason, then it should be properly amended,
but we must deal with it as We find it; hence
THIS ING ulsltlou.
The Court said it would not forestaU auy
opinion, but that there should be full inyes-
tigatioD, and that he would continue the
further bearing until II a. N. today, and
said to the City Attorney: s. on will bring
before me sll witnesses within your knowledge
who are likely to throw any light upon the
subject"
POLICE CoMMIssIoNRRs.-The Board of
Police Commissioners met at P. NJ. yester-
day. Present-Brown, Henry and Ksrcher.
The minutes of last meeting was read and
approved. A communication was received,
numerously signed by property owners, ssk-
isg thss 40 one be appointed special officer on
the beat which has been looked after for a
few years past by 2. w. Caferty. B J.
Chambers presented petition signed by a
number Of leading ci5izsns asking that he be
appointed special on the beat referred to.
On motion all action in the matter was con-
tinued until Taursdsy st 2 P. NJ. A commG-
nieation relative to the displaying on bulletins
and in show windows Of lewd and immoral
pictures, photographs, etc, was recsfved from
~ n ID raaI !