Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-03-03
NJ COL. LUDLOW,S ORDER.
The Deprsdasisus On the Prsspecs Gem.
escry Property.

ne A'oRhe0osnOos On toe Rro0pect Conas
escry Property.
INVESTIGATION BY srBoonMrrrEE or rHE HOUSE
DISTRICT COMMITTEE BRGUN-rEsTnoSy OF oFpr-
GERS or THE CEMETERY, OF COMMISSIONER wEss
AND oTHKRs
The subcommittee OF the House District commit
tee, authorized to make an Investigation into the
matter OF the attempt on the part OF employees OF
the District to open up North Capitol street
through Prospect Hill Cemetery met to-day 10 be-
gin the investigation. Commissioners Webb and
wheatley, Marshal Wilson, Representative
Guenther. the author OF the investiga-
uon; Mr. L H. Snyder. representing
the Prospect Hill cemetery interests, and several
OF the oricas OF this cemetery were present. The
CHAIRMAN OF the subcommittee, MI. Lee, was taken
suddenly III on his arrival at the Capitol and was
absent during the most OF the proceedings, but
came into the room Just beiole the close. The ex-
animation OF witnesses was conducted by Mr..
Atkinson and Mr. Vance, and Mr.. Romeis was
present.
THE FIRST WITNESS
was Mr.. L. II. Schneider, who brought In evidence
the charter OF the German Evangelical society OF
Prospect Hill Cemetery, dated June Is, 1850. one
OF the provisions OF this charter he called atten-
acres shall be forever appropriated and set apart
as cemetery" To cut North Capitol street
through tns the cemetery would take on one
than the charter provides shall be set aside
have BEEN an aSsolSte prohbton ns against ene
Ing the cemetery except by permission OF Congress-
But stronger than this was the prohibition IN sec
lanes alleys roads or canals OF any sort shall be
opened through the property, &c. He r0ferred 10
the TACT that the District Commissioners had,
year before, In connection with petition OF those
persons interested In the cemetery, consulted that
charter and knew its restrictions
THE SUPERINTENDENT OF THE CEMETERY.
Mr.. Winckelman, testified as TO the depredations
committed on the property OF the association,
were cut down, fences were removed, shrubs up
rooted, &c, by force OF seven men, which be
could not resist. He said that the last OF this
work was done on the 23d OF December, though
tlon had been served on the Commissioners for.
bidding their prosecuting the work. He said he
mad protested against the depredations.
srATEAENTs OF OTHER CEMETERY OFFICERS
Chas. Snyder testified as to the history or the
cemetery corporation. substantiatng previous wit
nessea
Leonard Eckert said he had been secretary OF the
society for three years; that no papers had been
served on him concerning the passage OF the street.
ana tnat neither he nor the president nor any OF
the oricers had any knowledge or the matter until
later.
COMMISSIONER wKBBs TESTIMONY.
Commissioner Webb took the stand, and stated
that no order had ever been issued by the Board
street through the cemetery. He submitted all
the Official papers relating to the matter, TO show
that what the Commissioners had done was 10
OF property for the extension OF the street. and
said that this was as far as the Commissioners
had gone In the matter. They had found, on con-
Sultation with their attorney, that they had no
right 70 go through the cemetery except by author
1ty TO be got through an act OF Congress- Certain
,anaeI gsn.lemen mad aPPeared before tne Commits
GIVEN PERMISSION FOR THE EXTENSION or THE STREET
through the cemetery property. He had no reason
to doubt that these gentlemen had all the author
fty they appeared TO have, and II was upon their
permission that they had authorized the prelimi-
nary steps OF condemnation. But the attorney
had INFORMED them that even the incorpOrators
had not authority TO give this permission and this
opinion had prevented their taking any further
action in the matter. Mr. Webb said he UNDER
stood that certain employees, acting upon
Orders FROM COL. LUDLOW,
had actually entered the cemetery. He had no
on1ctal knowledge OF Col. Ludlows order to pro-
ceed with the work. II was not authorized, and
Col Ludlow had not the right In himself TO issue
such an order ne looked upon the matter as the
result OF a misunderstanding on the part OF Col
Luolow as to what the Board OF Commissioners had
done The men who had conducted the work. as
upon what authority they operated. He and his
was not under the authority OF the Board OF CON-
missioners IL was
NOT AN OFFICIAL ACT.
Marshal Wilson was called TO produce the re-
straining order OF the court to show the date OF
its service on the Commissioners Mr. Webb ad-
mitted its service on the 18th OF December.
George N. Beaie, tne superintendent Of county
received an order from Col. Ludlow on the
14th Of December to begin the work OF
of DECEMBER, his his men having begun
the work OF cutting the street through Prospect
Hill cemetery, he received an order to do no more
Beaie property. He received no order between the
order OF the 14th, TO begin the work. and the order
or the 23d. On the 23d his men had gone up In the
morning TO continue the work, when he was in
formed by Mr. Rock that a telephone message had
been received from Col Ludlow ordering the work
within the cemetery TO stop. When he had nrst
started TO enter the cemetery he had met with
PROTEST FROM THE SUPERINTENDENT
OF the cemetery, but he would not stop unless or.
dered to by the Commissioners or by an in1unc-
ton. He said that on the 29th he had received an
order from Mr. wheatley to stop all work on North
Capitol street: He said that Col Ludlows
Mr.. w. X. Fry, foreman OF country roads under
whom the force OF men worked In the cemetery
saa sna1 nus en nsd sen So%n the rsncs and
the cemetery longer than Two hours He thought
not longer than half an hour. He did not remem-
intendent informed the committee that It was on
the 22d OF December, nve days after the tnJunc-
ton had been issued.
COL LUDLOW TO BE suBPoENAED.
The committee decided that they would subpoena
Col Ludlow and the several gentlemen who had
appeared before the Commissioners as onncers OF
the corporation and given their permission for the
work. to appear before them at 10 O'Clock next
A PRISONER IN THE TOWER.
Story q . Historical Picture Now ~
the Capitol.