The herald., 1895-12-06
CHARLES M fARLAND' SV|EWS
The Ex-City Attorney on the
New Cemetery
THE COUNCIL CANNOT ACT
Mcfarland Thinks 1t Is Too Late for
Legislation
He Laughs at the Chargs That Bishop Mora
SmuggIei Through the Ordinance
Of August, 1904

Affairs were in statu quo SO far as the
recently established new Calvary cemc-
terry is concerned. yesterday. En- City At
torney Charles Mcfarland discussed the
matter with reporter yesterday and said
that he had been employed by Mr.. w.
X. Burke and several others who are in
terested in lands in that part of Boyle
Heights, and who are also interested in
getting an electric road over in that part
of the city, to see what solution there was
to the question Of the establishing of a
cemetery in the neighborhood.
Mr.. Mcfarland upon looking up the
law found the only ordinance thsre was
upon the subject was .one which WAS
passed in 1894, which has been heretofore
quoted in these columns, and which or.
dinance gave the exclusive power to the
health officer to designate the location
and to grant permission to establish new
cemeteries, as we'll as the power to regu
late the manner of interment. etc., and
that he then made formal application
to the health officer for perm issinn to
establish new cemetery, which was
granted.
Mr.. Mcfarland states that the state
ment made by Attorney W. z. Martin, who
represented the protestants, that
tho ordinance in question had been
surreptitiouslv passed at the instance of
Bishop Mora. in order that he might
afterward establish a cemetery in an un-
derhand manner, was perfectly silly and
nOasensical. as an examination Of the Or
dinance will show that it is very long
one, occupying probably three columns
of a newspaper, and is an ordinance pro-
viding for all the health, quarantine
and cemetery regulations of the city OF
Los Angeles.
Mr.. Mcfarland says that the ordinance
in question was got up by the former
board of health, with DR.. Powers. the
health oascer, who had compiled it from
the different ordinances in regard to
public health he had been able to obtain
from other cities.
Mr.. Mcfarland says that as far as he
knows there is no reason why the matter
OF locating cemeteries and the msnner
of burial of dead persons should not be
delegated to the board of health and the
health officer. AS far as the location is
concerned, he says no matter where the
cemetery Is located, it would always meet
with objection from some people, but that
he thinks that inasmucn as Evergreen
cemetery is already now located in Boyle
Heights, there is no reason why addl-
tional cemeteries should not be estab-
lished in its immediate neighborhood.
That the land upon which new Calvary
Evergreen cemetery and was upOL the ex-
IRENE eastern edge of the city, and it Is
about the least Objectionable OF any lOca-
ton which be knew of in the city limits.
As far as the legal status is concerned,
Mcfarland is satisfied that the cemetery
having been properly established by the
board OF health, IN accordance with the
ordinance, the council could not now
prevent burials therein unless they also
stopped buria's in all the cemeteries IN
the city. And while the city council
has undoubtedly the power to regulate
burials OF the dead in the city limits and
the establishment of cemeteries, yet that
trarily, but must be upon the broad
grounds of public health, and he thought
it would be impossible for any one TO
show that it was more injurious to the
public health OF the city to bury the
dead in this new cemetery than in the
Evergreen cemetery, Just adjoining. and
that should the council attempt to dis.
criminatr between those two cemeteries,
and allow burials in one and not in the
other, that such action would be illegal
discrimination which would not stand.
Mcfarland stated that the gentlemen
who had employed him were large prop
erty owners in the vicinity of the new
cemetery, and were interested in building
up that section Of the couItry, which
they claim is now of practically little
value, and that by the establishing OF
this cemetery they hoped to get the Ma
sonic cemetery established IN its neigh
borhood, and they had promises OF 4 SUBJ
sid;, not only from Bishop Mora. but
also from other property owners in their
ne gh borhood, towards the building of an
electric road, which they thought would
follow the establishment o. this new
cemetery, and which they thought would
greatly increase the value of all The prop
e. tY in tha. i'm m ed late neigh borhOod.