New-York tribune., 1886-01-18
IND PREPARING TO ACT.
OPPOSING THE NEwTOWN HEALTH BOARD.
TO SEEK AN INJUNCTION RESTRAINING IT-ARGU-
MENTs AGAINST The TAX.

OPPOSING THE NEWTOWN HEALTH BOARD.
TO SEEK AN INJUNCTION RESTRAINING 1T-ARGU-
MENTs AGAINST THE TAX.
The committee appointed by the Under
takers Society last Tuesday evening has been busy en-
gagged in making preparations to test the e-
gality OF the Newt0wn Health Boards new burial law
They have visited Dr. Nagle, OF the Bureau Of vital
Statistics and considerably encouraged In their ef
forts by what said the subject Dr. Nagle declared
that the resolution OF the Newtown authorities was e.
gal that there was authority for any local health
board requiring fee for burial permit ana In support
of his atements he read Section T. Chapter 322 oil the
laws OF 1880 which states that the cost Of Issuing burial
permits proper charge upon the county In response
to an Inquiry to the penalty incurred by the Newtown
Health Board enforcing its law in case 1t has not
the proper cgA authority for so doing lie pointed to
Sec Ion 3ij Of the Penal Colo, which reads:
person who, without authority OF law, Obstructs
or detans any person engaged In carrying or accom-
panyng the dead body OF human being to place OF
burial Is guilty of "a misdemeanOr."
The preceding section also provides that any person
attaching the body OF dead person for debt shall also
lie deemed guilty OF misdemelnor This. 1t Is claimed.
virtually being done by the Newtown people as
they will moi allow body To DO buried until the dollar
is paid. The committee then asked Mr, Prentice the
counsel Health Board OF this city, To act for the
u,Jertakers lie told them to draw mp their In
form ana he would 1t ami give them his opinion
IA Tho committee then went 10 tue Ollce OF
the Calvary Crmetary. IN Muberry-sL, and were there
informed that corporation would also contest the
law aud that IL had already begun making al
rangrmens for getting out nn Injunction against the
Health Board. superintendent Brenan said that even
bodies belonging to people whom the cemetery
bures free nre subject tn the tax ana case was men
toned which occurred Wednesday, when the body OF
child whose father had no money was kept at the Gem
etary gate until some kndhcartcd persons collected
enough pay the dollar and allow the burial service To
Iii Is all nonsense" said Mr. Brenan for the Newown
authorities that the town l. being ruined either
financially or otherwise by the cemeteries. On the con
trary, they have been th" making "I H. IN Whht WAY
By furnishing hundreds Of the townsprope employ yme
rccaming waste land, laying out roads planting trees
and Ia Dcaufyng the place IN various way; Ihey tah
about iuurng the rOSds MhY, a, matter Oi Ihct
roads to aud around calvary arc Kept up by our
selves and have not cost the town penny h years As
the town getting no revenue ont OF "a, why am just
sending them check for fJO. which is only part
OF this year for unu'ci ground that we hold Ia
FX.Alderman J. J. sevin Is a member Of the legsla-
two committee ot the Uuderakers' Association OF tie
TnItcd st.trN lie thinks tnat tue Newtown Health
Bonr has oyerstcppcd ts authority ia making the law,
- To Ham HnarI claims that the enactment /.
purely sanitary measure. aud that "a for the proteo
ton Meath IN the town, but whore the hJVenc part OF
n comes ma is rather hard To see Every body which
local burial permit obtained Will bo inferred just
formerly. aud how the mere issuance OF document oi
any kind going 10 lower or raise the death ratio OF
Newtovn Is fcut to determine They do not say that
there has been anything wrong about the manner In
which tho ncrments have been cOnductol ia tue past
they propose 10 alter the mode OF burial In the
slightest degree II be sanitary measure why H. IL
necessary To charge one dollar Tor each permit Tue
cost Of printing and dispensing theso Is certain
T far tess than thls sum. as they
well know. THIS Il the point they SIP up on Tor Wbeh
over thcy the money part OF the resolution they
that II the only way IN when thry can Eet any
revenue from the cemeteries. Well the state mas de
odrd that these corporations shall not Do aIei and Tor
any county declare otherwise Is clearly uh
constitutional However IL Is not the cemetery cotpo
atoms the'undertaker- that ro taxed IN THIS IN
sSn.e On , We. M The nndsr Rer. who destroy our roads
and they ought TO help pay for hHing them VERY tue
omeens Coumty to look after rather than the Health
board OF NewOwnl avn aware that tho law gTes health
boards great power but never heard o dreSat NJ 10
any ono of them the right levy taxes Perhap, tine
Newtown Board has obtained special legislation to pass
this resolution hut hardly thnS So
THE dollar Will not really come out otthe under
No and hi. is the wors, feature of the law It
pels the poor people to pay the tAkes OF r,n
lions aud at time when tny can 'oas, annI 20 40 m
oyery rake ami scraps 10 nay tue doctors
hi aud ne charges Tor burSns Tue usa,. now masr d
tiona cnnrges imposed Is burden aud IL keenly
ma ."mS or nv carrl2gcs told me that ono
Of his drivers took chls body down 20 one OF tho
cemeteries for burial The parents ony able 10 hire
one carriage, and when the dollar was demanded
vt tho cemetery 1t took the last cent thc father
had % pay H. The ~ not only Illegal Ia my opinion
but unjust aud don't think 1t Will stand in the
courts To which IL will soon be submitted"
The Newtown authorities feel JuDlant over their sue
thus far aud laugh 1t the threats OF the under
takers One of them said:
Tho uniertakers are making great fuss about the
tax but after all It does really come out OF tho ceme-
terics How does III why. ALL or nearly all. OF the
interment Lutheran pays 81 Evergreen 81 90, while
some Of the others give much 81 Now, tho under
takers turn all or part OF this over to tue town ana
mind taxing their patrons at all VI course u Is
not nkey that Lhcy VIII 10 so.
Tho Calvary Cemetery people deny that they pay any
commission to undertskers; they say that II Is only
done by the new corporations a"hie whenOegnhlhg
business
Tho Mt Ollvet CemsCery authorities complain that
great many people. aised by tho name. come there IN
search of the crematOrY which Ia situated some distance
this cemetery ana Ia conveniently reached Dy
another line railroad than the that To this
burylng ground. The crematory is only few rods
from Fresh Pond. station the Long Island Railroad
about ten minutes ride from Long Island city.
shortly after the passage Of the new burial resolution
by tho NewtOwn Board OF Health and before IL went n-
effect tho Secretary Of the State Board OF Health de
cared that II illegal The Board has reaihrIned
his opinion by passing the following
ThereaS. The public health act requires for burial
only permit duly issued by The local Board or Health
having Jurisdiction where the death occurred. ana
WheredS. Ithas'been the instruction OF this Board mat
such permit should be issned without charge ana should
accompany the body 10 the place Ofburs to bo retained
by the sexton cemetery keeper voucher that the
law has been complied with - -
RCsOirCd That the action OF the Board OF Health OF
Newtown Queens County. In prohibiting buriaA III any
Of the cemeteries within its without second per
init from clerk for which fec Is demanded, Is
not justnabo on sanitary grounds"