The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-28
WILL TRY THE COURTS.
Application to Be Made for Receiver
u of Glenwood.
JUDGE IAMBLEN'S LEGAL OPINION
The Committee Appointed TO Examine the
hooks Find Them In n Crude
shape.

trlNt tAc report OF the committee VI 'Vi'
appointed at the meeting a week ago TO
confer with Thomas 1nsley. president OF
She cemetery company and owner OF IL
majority OF the stock.
The meeting was called TO order by
Mr.. ". ID. Cleveland, who was chosen
chairman at the last meeting. The at
tendance Of lot owners was large, snow
ins that interest in the matter mad not
abated IN tho least.
Mr.. Cleveland, who was also chairman
90 the committee appointed to confer
Mith Mr.. Thomas Tinsley. said that the
committee had had an interview with Mr.
I4h'!ey. which was pleasant but not sat
,slactory. MIR. Tinsley had answered ali
questions propounded to him and had In
formed the committee that he was act
.ne under the legal advice of Judge " lille
OF Galveston and that in the management
OF the cemetery he was complying with
the law. lie said that he did not pro-
pose to change his policy of conducting
she motory and that the trouble with
me lot owners was that they were labor
ing under u misconception as to their
rights.
air. Tins,cy had Increased the stock
from $1,000 to 100000 and the last avn
uthu urc.hrcd amounted to over % per
ht On the original stock. The assess
iuehts OF - pr lot, Mr.. 1lnsley informed
the committee. had gone toward cleaning
up me grounds, but not the lots nor re-
laH'ns me bridges that il the lot owners
kot new brilge they would have TO
pul IL thcre, that II the bridge fell down
IL would have TO stay down.
II was mistaken idea, 50 Mr. Iinsley
informed the committee, that the lot own
"!7 nave any claim upon the money paid
IN as a = sSmonts. The owners have the
r'eht TO go to the cemetery ana attend
to their lots, but that he mir Tlnsley)
dVr7 not propose to furnish them water
' onNnuing. Mir. Cleveland said that Mr.
Ilhsley gave his consent To an examine
t'oh 81 the books ana that a subcommit-
zee cChsiating of McSSrS. McA shan Frank
nm ana tase was appointed for this pur-
l'se The committee had also select 40
an attorney. who had furnished his opin-
Major r. II. Franldin then read the
loll"wing report of the subcommittee an
n,"n;od TO examine the books:
10 me General Committee of Conference
on the State Of Glouwood Cemetery:
houston, Texas, February q. lS961Gen-
l,mrn. Your committee appointed to ex-
amino the books of the Houston Cemetery
I company report as follows:
We find the books of said company I'm n
rruu" state, nav ne no balance: that be-
I'VE July 1872, and February q, 1896. there
haS D9rn Nl,l5o received from the sale OF
B iptS' IN round figures. That there has
I h'en collected within the above named
/ period the following sums OF money:
I,rntn aic,,in,r 0i6
''''''''''''''''''' -'oVs
| OF this amount the company claim for
| the years 1924 and 1926 $780,, was for as.
/ seSsnent due In prior years
We lind the amount from 10 per cent
| en- sale Of lois that should have been cred
/ iicd 10 trust fund is Sl062, books show
/ only SSGS-dlfference sigi
s 5ryremee may arise from the IN
| hive 49, i ~, a ~ Mit'th tHe DOCKS
| ttn, '''" "'P' "''' - SUBJECT 10 cNpEllla-
oi'WI,e I'nd that the company passed res
fr"n, ,,o 70 ~ " re-, u ussa OF trust on the
( dlna5'Fy as trustee s to secure the trust
I'm n,' ID, ls1 nut we INA no deed on record
The salos of Iots +, last obo,,a ,,,o,,,,o,o,
| dat" ,,',r, %, Us W 'ast auoVe mentioned
| 'Ten nav, va ,"' o, aniouitS 70 SoN'9ot
| ,, C T't 'tn, on lhc last named amount
| ,h" "o 'he amount oil the trust fund
| ~
since IN" cate OF SAID resolution the
| "''Un'' vi S1les IS So-N'9n ihe 10 per cent
| ~ "ii'u NJ nov n'Vh lncluHrd as being
SLOW TO interest," lald on the trust fund
s,.lcr , :, e'mnev' 1870 50 lar as We could
"sT Tt 'aln,
:. me n ll' on file in tho county clerks Of
Cemetery there was reserved certain
grounds Tor chapel, and in which no
~ 80 49, "'iN 10 81 btN Nndttt', DIX tllat
| said company has violated said purpue g
| ny carving out of said chapel grounds
| certain ,otS and sold the same to differ
| cnt Individuals, towit: or. Perl Novem-
| her, lNl, two lots $500. DR.. j. H. Blake
| March ~, lN2, one lot: Mr., Wolcntt
| March II. lS3, one lot these sales he ng
in violation of the provisions OF the com
| panys charter, which provides that all
| lots shall be sold as per man on file in
| the county clerks office. Respectfully
submitted,
Thos. Il. Franklin,
Rufus Cage
j. Il. McAshan,
Committee
Mr. j, Il. McAshnn then read the legal
| opinion OF Judge Ilnmb,en. which Is as
| follows;
| MoSsrs. Franklin, McAshan and Cage
Committee, city
Houston, Texas. February 27-Dcar
Sirs' Al your request have examined
the charter Of the Glcnwood cemetery in
connection with the facts In references 10
the management of the same YOU fur
nished me aud HOW give YOU my couclu-
sions as TO the remedy
Section of Che charter in substance bro
Nldcs that before any lots should he. sold
the stockholders al meeting should .s.
! tabl!Sh "A percentage upon Tho rrrrints
/ from tho sale Of lots in said cemetery
which shall constitute n pcrmnnent fund
for the purpose OF impruying and kprnintr
! tho cemetery in order the princlnni nj
which shall he Invested hv tho rofunouv