Omaha daily bee., 1885-07-18
ANOTHER INJUNCTION.
II is Wanted 10 Keep The City From
BufyiTg lis Dead.
A Claim That the Present Cemetery is
Unhealthy.

A move has been started to force 9
change of the location of the cemetery,
the first step being the filing of petition
asking for an Injunction against the
Fairvlew cemetery association, restrain.
Ing the selling of any more lots for burial
purposes, and forblddlng the future
burying of bodies there. The petitioners
named In the papers are Q. X. Hesse, E.
w. Burnham, Ed. Mott, VIM. Dorland,
- Martin, and h. II. Caldwell. The
claim Is set up that the cemetery is &c
located that the health of the city Ii
endangered. The cemetery Is located, a'
stated in the petition, In close proximity
to a city having population of over
10000 people. 1t is claimed that there
are already 5000 persons buried there,
and that there are In the potter's field
some 1000 more, many OF whom died oi
Infectious and contagious diseases.
1t Is further declared that the character
of the soil In this vicinity Is such, being
light, porous and full of subterrsnesn
channels, that the water from the ceme-
terry Is carried through this into the wells
and springs Of the city used for domestic
purposes, thus spreading disease and
endsngeripg health and life.
It!is claimed that deadly gases arise
from the graves, and that the health of
the residents In that part of the city Is
thereby endangered.
Another claim is that the bodies of per-
sons who have died of contagious diseases
srs hauled By the front doors of the res
licences on Oakland avenue, and that
this is. intensely disagressble, and Is un-
healthy. In view of all these facts the
petitioners desire to have the court grant
an injunction restraining the Cemetery
association from disposing of any more
lots, or allowing any more dead to be
buried there.
This petition has been presented to
Judge Connor, and he has fixed next
Tuesday night, at Z o'clock, as the time
for hearing.
This move will be strongly resisted by
the Cemetery association, and the claims
made are stoutly denied by the trustees
and others interested. 1t appears that
the cemetery ground has been thus used
for thlrty.seven years, long before any
of the residences In that part of the city
were thought of, so that those building
there or purchasing there knew all about
the Aituation. There are about
forty acres in the grounds, and
1t Is estimated that not one-fourth
has been used yet for burying purposes,
~ that ho ovrnr,,la ,rpwIaS
The talk about smallpox cases being
buried there Is all nonsense, for as Is
we'll known such bodies are buried out
by the pest house. The very figures Sc:
up In the petition show that hundreds of
families have an interest in this cemetery
and such an interest ss is held by the
most sacred associations. and they will
not be deprived of having the privilege
of being laid beside the forms of those
to whom they were 30 attached In life.
The mere intimation of such move as Is
In the petition will cause a
storm of indignation, SO long as there ap-
pears no just cause or necessity for 1t. 1t
Is claimea that all this talk about endan.
yerIng the health and lives of citizens is
yroundless, and that the real purpose and
hope Is that In case the cemetery could
De done away with the p.oprty In that
7lciuity would be moro valuable for resi-
lencs purposes. 1t does not seem that
his can be the underlying motive,
or 1t Is beyond belief that such
men as are connected with the move
would be willing to endorse such an &C lion |
or such purpose. 1t Is also claimed
hat there are parties who have been try
ng to get Oakland avenue extended |
rough the corner of the cemetery, and |
hat because the trustees could not see |
heir way clear to grant the right-of.way,
hey having sold lots there and given
leeds to various parties, the dlsappoint.
nent In not being able to 60 ahead with
he enterprise has led them to seek this
yay of accomplishing the purpose.
There should be the greatest necessity
clearly proved before any such move Is
made, or attempted, and Is stoutly In
listed that no such necessity will ever
rise; 1t certainly would be an outrage If
my other motive should cause change
Except necessity. 1t Is getting so popu.
ar to get out injunctions that any one
nay Issue, but those who have the ceme-
cry In charge will resist to the last such
N attempt.
Read Judd & Smiths offer of $1,000
q -ar6 N anofhar .n1rp,n