National Republican., 1886-10-02
HARMONY GEM ErEnY.
A BIN 10 he Filed in Equity to Secure
The Ricbta of Partisq


the Rights Of Parties.
The committee appointed to take steps to
secure the rights Of the lotholders OF the
Columbian Harmony Cemetery has sub.
mitted the following as It's report:
At a meeting OF tho lotholders OF Colum.
bian Harmony Cemetery held pursuant TO
notice on the evening Of Sept 20, 1896, AZ
Plymouth Congregational Church, tho I'M.
dersigned were appointed n committee TO
take such steps as they might deem neces-
sary to secure aud protect the rlght OF lot.
owners and to place the cemetery on o legal
basis.
In pursuance OF this authority we have
carefully examined the status OF the as
sociation, and the points Of conflict between
the lotowDers and those claiming TO act as
trustees or directors, and have the honor TO
present tho following statement:
On the 26th day OF January, 1899, j.
Elgar, commissioner OF public buildings,
conveyed to George Beall and others, as
agents for,the Columbian Harmony Associa.
tiOD, and for the use aud purpose Of n
burial ground for all denominations OF
colored people, the tract Of land known as
square 415
This tract was used for the purpose in
tended until the year 1856, when, by reason
OF the growth Of the city, &C., II became
desirable to locate elsewhere. Consequently,
Congress passed an act, on the 1lth OF
August, 1856, authorizing a sale and the
reiDvestment Of the funds arising from such
sale, subject to the approval Of the Secre-
tary OF the Interior.
In compliance with this act, William
Slede, acting in behalf OF the association,
In 1856 purchased the tract now used upon
the trusts originally declared-that is to
say, burial ground for all denominations
OF colored people.
II Is contended by the surviving trustee
and those in interest with him, that all
profits and proceeds arising from the sale
OF lots, together with fees Tor interments,
&C., belong absolutely to the original mem
bers OF the association, free and discharged
from the obligation or duty TO apply the
proceeds, or any portion thereof, to the
maintenance, perpetuation, or repair OF
the cemetery.
Your committee believe that cemetery
association In charge OF the sepuchers OF
the dead, which Is In Its nature charitable
and public institution, she uld never be In
trusted to the exclusive control Of mana.
gers directly interested In opposition to an
expenditure OF the proceeds arising fr)m
the sale of lots TO the improvement and
oinementation of the grounds.
1t appears by the deed from Kelly to
Slade that the land was purchased at abolt
$3.50 per acre, and that by converting It
10 feet at $50 per lot 1t produced about
sS,000 per acre. In addition to this, by the
regulations OF the association, there were
other sources OF income, upon which large
profits were realized; for example: vault
fee, So; opening grave, for adults, 49,;
minors, Sc. Thus it will be seen that
thousands Of dollars have accumulated In
the treasury. which have not been applied
to or expended on the grounds.
The managers OF this association and their
predecessors In office, after gaining your
confidence by material representations as to
improvements, &C., and after having Oh
tanned an exemption OF the property from
taxation, have wholly failed TO establish
ard maintain cemetery as intended by the
original grant, or creditable to our race.
Beyond this your committee believe that
1t was not intended by this grant to create
mere land company for the exclusive ben
eft OF the original association and their sue
cessors-that this conveyance to an incor-
| porated society could not have been main.
tanned unless for public charity, and
consequently, that the assumption OF the
surviving trustee Is incorrect.
Without, therefore, intending to wrong
or injure any person, but for the charitable
and disinterested purpose alone Of proyld-
ing for the most suitable and proper man
agement Of this cemetery, your committee
have decided to file bill In equity praying
conveyance Of the property to trustees
nominated by you, and an equitable adjust
ment Of the rights Of the respective parties.
To do this, however, will necessitate the
expenditure Of a small amount OF money,
and we respectfully ask contribution from
| you TO that end. Your obedient servants,
| WILLIAM SYPHAX.
w. CALVIN CHASE.
| WILLIAM III. BRUCE.
WILLIAM l.. FREEMAN.
| BENJAMIN j. GRANT.
j - CARTER A. STEWART.