The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-25
TOO MUCH FOR THE PRIVILEGE.
THE OBJECTION TO PAYING $500
TO GET THE OLD CEMETERY.

Myers Hold That the Restrictions
Are Too Numerous 10 Justify such
an Expenditure 10 secure the Place
A. Park-What the Decree Calls
For-Christ Church Takes the Po-
sition That Il il ReiinauishinE \
Fee simple Title 10 Property
worth 100000.
The turn taken by the old cemetery
question in the city council night before
last. was a surprise to a great many peo-
PIE I'D 10 the time that the fact came out
az the meeting of council il was not
known that Christ church was going TO
charge for it's interest ia the property.
especially ICE view OF the fact that the city
was required to- improve it and care for il
under such strict Conditions
Alderman Georse ". Tiedeman, who
called for a reconsideration OF the resOlu-
tion introduced in council in order to hold
il over until the next meeting, was seen
yesterday bv representative OF the Morn
ing News with regard to the position which
he took
81 cannot understand" Alderman Tiede-
man said. why Christ church should
want us 10 take that place fix il up and
preserve all the graves. and want MS to
pay $500 for the privilege. The place is
a nuisance as il is, but l cannot see why
the city should pay Christ church that
amount for the privilege of beautifying
It, when it is bound by the conditions of
the decree to preserve the place as an old
burial ground. is not allowed to run any
streets through it, and is given no privi-
lege except TO erect such monuments as
cb in, n
Il am willing that the city should spend
$4,000 in identifying the place and max
ing a park in accordance with the condi-
tons named of which the city will be
proud, but l do not see why we should
pay any such sum for the privilege of do
ing so. 1t would not only be a matter of
public spirit, but a benefit from none
tary standpoint to Christ church to let the
city take the property and make a park
of il. / voted Cor the resolution in order
that might move for a reconsideration
under rule Il. and have the matter go over
to the next meeting I simply wanted time
given for consideration of the matter
There were others as well as myself who
did not know that the city would be ex-
pected to pay such an amount for the priv
iege of taking care of the property, and
! thought we should have some time to
think about ii. Then, too, Aldermen viii
link ana ScreVen may be at the next meet
ing, ana II is not known what stand they
Will take with regard TO it,"
me decree, as prepared by the attorneys
representing the different parties TO the
litigation, col. William Garrard and MI
> 3. Adams for the city, and Mr. Walter
q. Charlton for Christ churcn which was
not read at the council meeting, provides
that the Old cemetery property, including
she stTip between the Ola wall on the
South Broad street side and the sidewalk
IS declared 10 be owned by the mayor ana
aldermen OF savannah, and the title Is
vested absolutely, all claims being given
up by Christ church, under the conditions
afterward named, and particularly be-
cause OF the agreement OF the city TO pre-
serve the ground as the final resting place
OF the dead now buried therein
Inc second paragraph of the decree pro-
Nldes Tor the payment of 81 500 for the
property TO Christ church by the city in
promissory notes, and in pursuance Of
due Jan. !, 1897, one for 81 900, due Jan l.
1873, and four notes for 81 500 each, due
respectively JAM !, 1899 1850, 1901 and 1902,
an without grace. Il was provided that
the four last notes should bear interest al
per cent, payable semi-annually
Immediately after the delivery of the
notes Il Is provided that the city should
nave the right TO Gear down the old walls
and go ahead with the work of turning ii
INTO park to be called Colonial Park"
The city is TO have the right 10 Law off
walks through the ground but not to omen
streets, nor TO have the right to sell any
portion OF the property, or allow il to be
used Tor any other purposes than those
lndlcated. The city will have no right to
widen AbercOrn street; IL must preserve
ana care for the tombstones, monuments
vaults and grave houses now there az
relics Of public and historical Interest. ana
must not move any Of them to any other
lOiuon OF the PARK, except where neces-
saTy for laying out the walks
The idea of Christ church is to pre-
serve the old colonial burial ground of
Georgia, and while IL is TO be made into
puole PARK the main consideration is
that II snail be perpetually kept for this
purpose. No revenue can be derived from
II, nor shall any structure apparatus
bulldlng or appliance foreign to a burial
ground be erected upon it, nor shall any
Nsmcles be permitted within it,
me fourth paragraph provides that in
case OF a violation of the terms of the
decree, mat portion of the land at Aber-
corn and South Broad streets. 21O bv 9Sn
Iseti snail al once become the properfv Of
Chrlst church in fee simple and upon
such violation any citizen of Georgia shall
De az HDerty to apply for an injunction
AGAINST the city, restraining il from a
psrFefslon OF the uses of the ground
me hIth and last paragraph provides
ma the costs Of all these causes shall
be paid by the city
Alderman Garrard, who has taken a very
acuVe interest in the matter, when seen
sd.d nat Il would be impossible now to
sel tne question settled as soon as was
e1peclep On account of the fact that
- uscIee can hd1uly be ratified by
council until its next meeting.
II was not that council objected TO
me c-ty s paying anything for the prom
cry ne said, but the objection was
Iilaae 70 the amount named, as being
TOO large. The question Will be given
que consideration, and there is no rea-
son why IL should not come around an
l. is understood that the vestrv of
Cnlst church asked for 81 500 for it's
Interest in the property, this being what
fIenFaa &c..
property rights of which h is poss essed.
mat portion Of the old Gem etery at
Abercorn and South Broad streets, 2iO
by $50 feet Christ church claims to hold
In fee simple with the righl TO build
upon n church at any time This title
10 the property has practically been de-
cided by the supreme court The church
holds that the property is worth 100000
and that the price asked is only nom
nal sum. TO which il is entitled IN CON
sideration Of the fact that il is to relin-
quish all its rights to the property and
turn II over TO the city under the con-
ditiOns named.
Mayor Myers said on the subject that
his position is that in view of the number
of restrictions imposed upon the city by
Christ church IN transferring the control
of the cemetery the amount asked is ex-
cessiVe. With fewer restrictions the case
would be different. he said.
FUNERAL OF MRS. O'CONNOR.