The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-05
The Commissioners Giving Full
Hearing to the Parties in
Interest.
The Cemetery Question Now
Under Amusement by the
County Board.
Two Days of Argument Devoted to This
Subject Closed and q Determination
Expected Soon.

cemetery question it cannot be said tina
the commissioners are not giving the mat
ter thorough investigation. They were II
session all day yesterday. In the forenoon
they listened to further arguments by Judg'
Mcconnell, who went into minute pre-
sentation Of a number of authorities bear
ing upon the proposition of the commits.
sjoners' powers. The latter part of his ar
gument was devoted to the regulations
which have been adopted by the cemetery
association. Mr.. Billiard on Wednesday
objected to the regulations at length. in
reply to this Judge Mcconnell said that the
very nature of such an enterprise demand
ed that reasonable rules and regulations
should be laid down for the governing Of
the people who purchased lots in the ceme-
terry. One of the main things to be con-
sidered was symmetry and harmony in the
general landscape effects. For this reason
the rule had been made regarding the size
and heighth of tombstones and monuments,
Rs we'll the prescribed use Of
iron ratings, stone curbings or hedges
around the lots. There was nothing un-
reasonable or harsh in the regulations, nor
would they permit the association to take
any advantage over lot holders. This posi-
ton was based upen the principles govern
ing the law of contracts for the rules and
regulations were part of the contract be-
tween the association and lot owners.
At the afternoon session Mr.. Billiard re-
ceived the attention of tho board. His line
of argument was that the commissioners
undoubtedly had the power to carry on a
county cemetery. He gave to the statutes
defining the powers OF county commission
ers q very liberal construction. Referring
to the cemetery association he thought it
spare he would be very glad to take some
stock in it. But he could see no reason
why the county should abandon it's own
cemetery.
p With regard to the arrangements made
by the city with the cemetery association
The city had no right to buy property out
side of the town limits and make regula-
tions concerning it except as defined in its
charter. There was nothing in the charter
or the general statutes that authorized
the city council to make such a contract as
had been presented to the board. The city
was limited by its charter and everything
done beyond that was ultra wires. He
did not care to criticise the regulations if
they were fair, but tie people that he rep
resented thought that they would leave the
door open for future complications. There
WaB no DOuu OE SECURITY upon uu0 paII Oh
the association that the regulations would
be fair in the future. About the unreason-
able part of them, who could determine
that? If q lot owner became satisfied that
the rules were of such nature he would
have to go to court to have the question
settled.
After MIR. Billiard closed Mr.. Edgerton
questioned HIM. =
sMr. Billiard, if we 20 ahead with the
work started on the county cemetery how
far do you think we can goY'
THAT would depend upon the amount of
ground you devote to this purpose and the
character of cemetery you propose to main
tain. do not think it would be prudent
for the county, at present, to make any
elaborate preparations. reasonable plat
should be made: the lots of fair size.F
suitable receiving vault should also be
provided. No strict regulations as to the
size of tombstones and SO on should be
made.''
In reply to further questioning he thought
that the board possessed the necessary au-
thorlty to appoint superintendent of the
cemetery. As an individual he would say
that the action of the board should be
rather as protector against unreasonable
rules of any private corporations, not as
competitor. 1t was not his object to inter-
fere with the success of the cemetery asso-
citation
The commissioners have the matter I'M
d
few days before they will announce their
determination.
Civil Business. District Court.
La Bell VS.. Brass. Verdict for.plaintiff for
$1,000.
Frazier vs.. Hall. Dismissed rs settled.
n. NJ. Coleman vs.. T. G. Merrill. Action
on proniissory note. On trial.
United States Circuit Court.
Patrick GahaRen vs.. Thomas McTague.
Involving title to land. Argued and sub
mitted to the court
Barclay vs.. Northern Pacific Railroad
company. Title to land in Deer Lodge
county. Argued and submitted.
Q. K; 7: means Oregon Kidney Tea. which
suRes all kidney troubles. ~ IS 81 -