The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-31
Mayor Sutro Signs the Order
Prohibiting the Sale of
Lots.
THEIR REVENUES ARE CUT OFF
The Associations Will Probably Now
Take the Matter Into the
Courts.

Mayor Sutro signed the ordinance pro-
hibiting the sale of burial lots within the
City and County limits yesterday, and the
Masonic, Odd Fellows and Laurel Hill
Cemetery associations must either remove
to some other locality outside the jurisdic-
ton of the Board of Supervisors, find some
different source of revenue than the sale of
lots or have the ordinance declared illegal
by the courts.
From what the representatives of the
associations said to the Mayor when they
called on him recently to urge the vetoing
of the measure it is probable that the latter
course will first be tried and a removal
made only as a last resort. The three GEM
eteries have nearly $50 lots yet unsold, the
income from which would carry the burial
grounds on for several years, and the asso-
Citations will make a desperate effort to
stave off the efforts to prevent them from
selling, claim ing that the introduction of
the ordinance was lnstigated by interested
land spectators who know that their
property will appreciate In value if the
cemeteries are forced TO remove.
The associations claim that their prop
erty was regularly decided to them by the
City many years ago in consideration OF
the payment OF $25, 900, and that they have
vested rights which the Supervisors have
no legal authority to disturb.
One OF their principal arguments is that
the ordinance fails to accomplish the very
object for which it was formulated-the
stoppage of burials. They assert that in
the lots already sold there is still room for
eU,OOO graves, and that there is nothing in
Inc ordinance TO prevent bodies being
placed in each of them. They also point
to the TACT that the measure does not in
hn off -, l..
lots are not sold, and say that burials can
90 on there for many years to come with
out hindrance. They also relied on the
health statistics TO help their cause, claim
ing that the showing that there are fewer
deaths in the districts about the cemeteries
than in any other portion of the City is an
evidence that the burial grounds are not
unhealthful.
The advocates of the measure, on the
other hand, assert that the cemeteries are
a detriment to the City in more ways than
one. They say that it is notorious fact
that cemeteries are unhealthful, poisoning
both the air and water of the districts in
which they are located. People are also
backward about settling in localities con-
tguOus TO such places and the natural
growth OF the City is retarded.
They point to the fact that none of the
great cities of the country permit ceme-
teries to exist within their limits as an
evidence that San Francisco is behind the
times in this respect and that the burial
grounds should be forced to remove at the
earliest opportunity.
Mayor Sutro said last evening that he
had signed the order only after due DELHI
Grafton.
81 am not sure'but that these associa-
lions may have some vested rights" he
said, "but | think that the courts should
determine that point, and that the proper
method for the owners OF the cemeteries
is to have the Supreme Court pass on the
matter and settle it once and for all.
AS for the desirability of removing the
cemeteries to some point a long distance
from the thiekly settled portions of the
City there can be no question. ANY
authority on sanitation will tell you that
cemeteries cannot avoid being a menace
TO the health and lives of the cities in
which they are allowed TO exist.
1.-The rain soaking through the ground
gets into the water supply and is bound to
poison it. The air, too, is laden with
deadly gases that are detrimental to health,
and in the case of San Francisco the dan
ger is particularly great owing to the fact
that the prevailing winds for the larger
portion of the year blow directly into the
populous City.
"It is only question of time when the
cemeteries must be removed to some dis
tant point, and II the courts decide that
our action is legal, as it certainly seems to
me 1t is, it may as well be done now as
any other time"
Speaking further on the subject Mayor
Sutro said:
The cemetery ordinance, so-called, prohibit
ing the sales OF lots in cemeteries within the
CITY limits after the passage OF this order, was
signed by me to-day.
carefully heard deputations from the diff
terent cemetery associations who opposed the
ordinance, and also from the Representatives
of the Richmond clubs and others who adVo-
Gated its passage. Both parties submitted to
me briefs on the subject, in which numerous
legal reasons we're given pro and con.
The facts show that the Laurel I'LL and Ma
sonic cemeteries still own about five acres
each unsold, while the Odd Fellows Cemetery
has but half an acre left.
This ordinance does not disturb the inter-
ments of bodies in lots which have heretofore
been sold TO private parties, and it is claimed
that IN these there is room for 5000 more
bodies. Therefore the only hardship which
eccrues TO the cemetery companies would be
that arising from the loss of the profits of the
sale as burial lots of the small remaining por-
The sale of lots in these cemeteries has been
a source of immense profits, for the land origi-
nally cost but a few hundred dollars per acre,
while II has been parceled out and sold IN
burial lots from 100000 TO $1,000 and more
per acre.
If the reasons assigned for the illegality of
this ordinance are valid, the proper remedy
lies in an appeal TO the courts for il is impos-
sible for the Mayor TO enter into these in
tricate law questions and render a decision
thereon.
The history of every large city in this coun-
try and in Europe shows that their growth
finally causes the cemeteries to be removed
further out into the country and that eventu-
ally will be the case in San Francisco.
Richmond District property owners who
were mainly instrumental in getting the
ordinance introduced and passed will hold
a meeting in celebration of their victory at
Richmond Hall, on Point Lobos avenue,
on Tuesday evening next.
MEAD'S REPLY.