The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-07
THIS IS CHAPTER FOUR
Dunn Has a Whack at the
Cemetery
A NEW TURN IN AFFAIRS
-
The City Attorney Discovers an Old
Law
Neither the Council or Board Of Health Had a
Right to Establish New Calvary,
The Issue With the County

Councilman L. T.. Blanchard. repre-
senting certain OF his constituents, first
had his whack at the new Calvary ceme-
terry on Boyle Heights. and the man from
the Ninth ward was certain that he had
won out in the matter hands down.
Then Charles Mcfarland, ex city attorney,
representing certain large landed inter-
ests. took his shy at the buying ground
and he was positive that his solution OF
the big problem was the correct one.
Now City Attorney William Il. Dunn has
been compelled to put his finger into
the pie, and he is firmly convinced that
his prescription for the prevailing ill is
the only one and true panacca.
Two separate and distinct legal propo.
sitions have been worrying the city attor-
ney's office during The whole of the pres
ent week. One has been whether or rot
there will have to be different elections
for every one of the three subur ban dis
tricts which are anxious 10 become part
OF the city, and the other has been wheth-
err or not the new Catholic C metery on
Boyle Heights has been legally esta b.
lishedand has a ri int to do bu ,iness. The
first problem Dunn expects to have fully
mastered in all OF its intricate details by
the time that the city council meets on
Monday. while the key GO tins situation
in the last was unearthed late yesterday
afternoon.
Under the head of unlawful interment
section 81 of the Penal Code reads as fol-
lows: every person who shall bury or
inter or cause to be buried or inferred
the dead body of any human being or
any human remai.is in any place within
he corporate limits OF any city or town
III this state except in a Ceme-
terry or place of burial now in existence
under the laws of this state and in which
iDterments have Deen made, or that is
now or may hereafter be established or
organized by the board of supervisors OF
the county in which such city Or town
and county is situated, snail be guilty of
a nj is emeanor.'
The city attorney CONSTITUTES 1t that
under the above statuts the council never
had any jurisdiction in the matter of
cemeteries in either their location or in
anything else pertaining to the subject,
and that having been the case, that
power could not der any circumstances
have been delegated to the boasd of
health.
The section OF the PENAL code quoted
above Is an old law. 1t was passed by
the legislature at the session of le74-75,
and il is along the lines of this act that
the city attorney will on Monday report
to the council, in answer to the protest
OF some OF the residents of Boyle Heights
who are as, busilv zen gagged in contrasting
the right of Bishop Mora to establish the
New Calvary in that section of the city.
4 Councilman Il. L.. blanchard. when yes
terday informed of the new phase of til Q
situation, SAID that the war would now be
carried bsiore the county authorize. +.
The protestants against the cemetery
will, as soon a possible after next Mon
day. when the Dunn report will have
been formally filed With the council, &c
before the supervisors and lay their case
before that body. What the outcome OF
the matter will finally be it is at present
impossible to say. Should it be finally
decided that the new Calvary is not a
cemetery, the question is what will be-
come of the body of poor James McDer-
mott? at