The Washington times., 1895-06-15
TO PRESERVE THE TOMBS
Cemetery Owners Attack the COnsti-
tutiOaaiity of Street Extension Act.
Suit Filed to Prevent the Highway
Last Resting Places of Dead.

A suit filed yesterday attacks the whole
plan of street extension proposed by the
District Commissioners. The law of March
2, 1898, known as the highway extension
act, is alleged to be unconstitutional
The suit is by the GIenwood Cemetery
against the Commissioners to eujoin them
from extending the strHafs OF the city
through the cemetery. Lewis Clephane, as
secretary, signs the bill filed
1t is set forth that the cemetery includes
ninety acres, stretching from North Capitol
street TO Lincoln avenue. and under ITS
charter, granted i'll 1904, no streets are
to be opened through it, Under the law OF
March 2, 1893, the Commissioners are
planning to extend Lincoln avenue and
other streets through the grounds in such
way as 10 render them useless for Gene
tery purposes, except twenty-five acres.
The extension viii also make it necessary
to remove about 1000 OF the bodies
buried there. Albany street. if ex-
tended, viii cut off the gateway and
greenhouses and destroy the large orna-
mental fountain
The proposed action of the Commissioners
in extending the streets, it is asserted, is
wholly without warrant OF law The ex-
tension Will occasion the owners OF the GENE
east and west, whose prolcngation is pro-
posed, extend further than between the new
reservoir and the cemetery and none of them
are prolOngatIons OF streets in the city The
intended condemnation of the ground for
street purposes would be taking private
property for public use without sufficient
compensation and would therefore be un-
constitutional
Furthermore, the unconstitutional parts
of the act OF March 2, 1893, are so closely
interviewer with the unobjectionable por-
tionS that no separation can be made and the
whole must fan together. An injunction
forbidding the Commissioners to proceed is
asked for.
This case is only one of a number in
volying Mt. Olivet Prospect Hill, st.
Mary's, Harmony aud Rock Greek ceme-
terieS. The trustees of all these bury
ing grounds, it is said, object to the pro-
posed exte nsions and will join in the fight,
with their influence, at least.
1t is said that persons owning property
| adjacent To the cemeteries, desire to close
| them up in order to enhance the value
| of their own holdings. and have gone before
| Congress with bills for that purpose.
| Furthermore that the Commissioners have
! purpused to put through their plans as
| rapidly as possible and without delay to
| set laburerS TO work making the streets
| The Commissioners wish to remove all
| cemeteries outside the District
! The owners of cemeteries believe that
the public, on the other hand, is in favor
| of the extension of the streets in such a
way as 10 leave undsturbed the last rest
! ing places of their dead.
| The Commissioners asked for @ confer
| ence with the trustees of GlenwOod, but
none was ever had. Mr.. Clephane, how
! ever, called upon the Commi ssioners,
| but says he could get no satisfaction. They
Were determined upon the plans they have
| made, while the cemetery owners are un-
| alterably opposed.
The whole subject has yet to be ap-
| proved before a commission consisting
| of the Secretaries of War and Interior
| and the chief engineer of the War Depart
ment.