National Republican., 1886-12-03
THE HARMONY CEMETERY.
Opposition OF the Commissioner TO
EnIarEing the Grounds.

Some time since the Harmony Society,
contemplating enlaiging the cemetery
grounds, made purchase for that purpose,
when they received letter from the COM
missioners interposing an objection. To
this the following reply was transmitted yes
terday;
WASHINGTON, d. O., Nov. 30, lSs6--To THE
COMMISSIONERS oFTHE D1sTRfCToF COLUMBIA
Gtnlcmen: Your letter of the 9th instant Is
received, and as before stated, bee 10 repeat
that the Columbian Harmony society does not
intend by its action in purchasing additional
ground for cemetery purposes to violate any
law or interfere with the rights OF amy one.
The purchase of the ground for cemetery
purposes Is simply the act of a number of oiti-
zens, In the exercise Of their lawful rights to
purchase grounds and dedicate the same for
cemetery purposes, in conformity with the act
approved June %, 1874, chapter 49, general
incorporation, clause6 O. sections 5gl to 60i of the
Revised Statutes Of the United States relating
TO the District of Columbia.
The ordinance ofthe late board of health Of
this District giving the force of law by joint
resolution Of Congress, referred TO by the com.
missioners, does not repeal clause 8 5oftho United
Suites Revised Statutes.
The joint resolution approved April %. 1887.
legalizing certain health ordinances of this
District doesnot provide for the repeal of clause
D OF the Revised Statutes, above referred TO-
nor has II ever been so construed, except by
the commissioners in this case; such n con.
struction Is an extraordinary one and places IL
III the power the commissioners TO deny tho
rights OF burial within the limits OF the District
Of Columbia, even though no private or public
interest is involved.
The purpose and extent of the health ordl-
nance was to secure a perfect record OF vital
statistics and an accurate official record OF the
deaths and burials in tho District of Columbia
by compelling intermonts to bo made In GENE.
teries authorized by law, and also requiring q
permit to be obtained to bury the dead
The society has not asked for the official or
personal sympathy or assistance of the commits.
sioners to do any act In violation of law We
do not know of any act done, or contemplated
TO he done, by the society that is IN violation of
existing law or antagonistic to any OF Its pro-
visions.
We recognize the fact that this community Is
governed by law, and that the duty Is imposed
upon the commissioners in part, 70. sec that
mindful that the citizens Of this District have
rights and that penalties imposed upon them
for q violation Of law arc determined by courts
Of competent Jurisdiction.
We hope, as law.Hb,ding citizens, to give no
cause for the commissioners TO make complaint
Of the society's violating any law. nor that we
shall have cause to defend the rights of citizen
ship against the enorOaChments of executive
assumption Of power. Very respectfully,
JOHN III. BROOKS. Secretary.
The number of deaths among the colored
people In this District, as reported by the
health officer, for the year ending June 80,
1885, was 2,3SS. There are four cemeteries
owned ana cOntrOlleu Dy tine cOlOred peO-
pie, two OF which are situated in the city
limits and are very nearly filed with bodies
buried in them, and viii speedily be com.
PEELED to be abandoned by the advance OF
improvements. One is situated In West
Washington, Immediately east of Oak Hill
and west Of the Metropolitan city railroad
Offices and stables, one on Nineteenth street
extended, and one IN East Washington.
The Columbian Harmony Cemetery is sit
uated two and a half miles outside OF the
city limits, on the Brentwood road, west OF
the race course.
Finding that the cemetery was very near
full, and that the immediate necessities re.
quired the grounds to be enlarged, the
society purchased seventeen and three
tenths acres of ground adjoining the old
site, running west to the tracks of the Met
ropolitan branch Of the Baltimore and Ohio
Railroad Company. This parcel of ground
docs not interfere with any public or prl-
vate road, and is entirely outside OF any
| public Improvement projected by the com.
missioners. After the property had been
purchased petition was sent to the com.
mIssioners by some of the property owners
In the neighborhood, asking that the society
he prevented from eniarglng the cemetery
grounds, and the commissioners have
stated that while the society has the lawful
right to purchase, they have the power tC
refuse TO permit burials, and that they are
sustained In their objection by the healtt
ordinance approved by q joint resolution
of Congress.