The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-26
A TAX ON GAS MAINS
MAYORS CABINET SUGGESTS THAT
THE COUNCIL TAKE ACTION.
An All-Night Electric Light Schedule
FavOred-An Opinion on yacating
Greenlawn Cemetery.

was decided upon. The Mayor made the
following motion upon the subject, which
was adopted:
That it is the sense of the members of
should, at an early day. carefully consider
the question of specially taxing such cor
Section % of the city charter as have not
heretofore been taxed and that said Coun-
ell should impose such an annual tax or
tons may be fair and equitable in each
individual case, to the end that the spirit
of the charter may be carried out and that
may not be rendered necessary.
The question of vacating Greenlawn Gem
etery was also discussed and Councilman
Ryan. who has taken considerable interest
in the proposed vacation and occupancy of
the cemetery for park purposes was ad-
mitted and addressed it upon the question.
City Attorney Scott submitted the following
report:
Section p Of the charter: defining the
powers and duties of the Common Council,
provides that it shall have power by or
dinance to regulate the location and man.
in or without such city. and TO protect the
same and to provide for the sanctity Of the
dead; TO regulate or prohibit the inter-
ment of bodies; to authorize the removal
of bodies now or hereafter buried, or OF
cemeteries to some other proper place.
For these purposes such city shall have
Jurisdiction for four miles from the city
limits
Under these provisions am of the opin-
ion that the Council has ample power to
vacate said cemetery grounds and provide
for the removal Of the remains of the dead
Visions Of the charter eG the city would then
said several tracts. of land for public park
purposes as then be owned by persons or
corporations other than the State, and not
then appropriated to other public use; and
the same could be acquired either by pur-
vacate for cemetery purposes and to &C
quire for park purposes would be separate
concurrent
"It is a well-settled rule of law that
land once appropriat;ed to pnoiG use so
appropriated for another and different pub
lie use. This rule would preclude proceed,
the public use for cemetery purposes had
been by proper legal steps discontinued;
OF e reeTa IF Se for for
mains of the dead to some other place,
including the providing OF such other place,
siderable expenditure. Subsequent acquire
ment by purchase or condemnation for
would necessitate considerable additional
expenditure. In the present state OF the
city's finances. as ! am advised respecting
in the treasury available sufficient for the
purposes named, and future necessary
Of revenue tg viii keep the citys INDEBTED
ness SO near the constitutional limit as TO
preclude the mourning of Indebtedness for
such purposes.
$50 far as I have been able to examine
or inform myself as TO the deeds and titles
held hereunder to burial lots l am OF
the opinion that, upon the vacation of such
cemetery ground and the removal of the
remains therefrom, persons holding such
deeds. their heirs and assigns, will have
no further interest or title. and that the
title will then be vested in fee In the orig
inal owners who plated or appropriated
fheac IN tar
and assigns. Those who would be or be-
come owners of the fee upon the vacation
Gifted thereby. Whether. In consideration
of such benefit, they would be willing TO
advance to the city the necessary esr, tu s.a
or plot in some existing cemetery, and for
the removal of the remains from the va
Gated grounds thereto, and whether the
city would choose to avail itself OF such
proposal, if such owners saw mt TO make II,
are questions, perhaps, worthy OF consid-
Except in some such manner there
seems to be serious practical difhculty in
proceeding in this matter at the present
time.
II deem it due to Mr.. w. F. A. Bern.
hamer to mention that, in anticipation of
the city's needs, he has distracted the
lands in question, and has prosecuted in
vestigations. the results OF which Will De
needed and Of value If the city proceeds to
the vacation of the cemetery. The city is
under no present contract TOT MS COM n
avail itself of his labor proper compensa-
ton should be provided"
AN ALL-NIGHT SCHEDULE.
The city lighting came up for consider
alton and it was the sense of the cabinet
that an all-night schedule should be
adopted. No positive action in this dIrec-
ton was taken by the cabinet, but it was
deemed advisable to have some changes
made in the location of lights both cleo
trio and vapor, and the Board Of Public
Works was instructed TO confer with the
companies with view to securing changes
in the location of several lamps. In some
instances il was thought the lamps were
too close to one another and in others it
was found that lamps had been located
for political purposes at points where they
were OF benefit TO but one or two favored
persons.
President Wildman, Of the Board or
Public Works, reported that he had dis
covered that under the original charter
granted TO the water company the city
was not under obligations to locate fire
plugs every five hundred feet, but was
entitled to locate them one thousand feet
apart. This will probably be the distance
between fire plugs in the future in some
of the outlying districts where new mains
are ordered.
1t was reported by the controller that
the hay scales at the hay market. were
falling behind expenses each month to
the extent of S37 month, and he recon-
mended that the fee be raised from 10
cents to 10 cents, and that the Council be
asked to license all public scales in the
city.
President Ruckle, of the Board of Pub
lie Safety, said he had investigated COM
plants about the ''grabbage man" and
found that during the time of the aban-
Comment of the crematory the garbage co..
lection had become disordered and prac-
tcaly abandoned. but he was assured
that the collection would soon be begun
in systematic way.
Mr.. Kramer, of the Board of Public
Works, presented proposition from East
Marketmaster KOehne for having hrick
pavements in the old hay market and utiI-
izing Ii for market purposes. Mr. Koehne
said that by the expenditure of about 500
the old hay market could be put into such
shape as to realize about 81 COO per annum
in rentals
MACHINE FOR TESTING MILK