New-York tribune., 1896-12-07
THE STATUTE WILL NOT HOLD WATER

THE ATTEMPT TO "GoBBIE' THE VETERANS
CEMETERY LOTS \ FAILURE.
To the Editor of The Tribune
Sir: Attracted by T.. l.. Manice's letter in your
issue OF the 9th ult | was led carefully to
anime the statute Chapter 81 OF the Laws OF 1895.
and have been rewarded by discovering genuine
curiosity OF statute-making. But. however papa-
BILE the scheme 10 "gobble' the veterans ceme-
terry lots. think may assure Mr.. Manice that
the statute will not have that effect. or any effect
whatever OF that nature. II hosfs itself with its
petard.
should. indeed be inclined to say that the
statute was absolutely nuliity. from the fact
(Which Mr. Mance himself points OUT that. while
entitled IAN act to amend the incorporation or
the Society OF the War Of Eighteen Hundred and
Twelve" there il not a lire word in the
body OF the statute which amends that incorpord-
ton ANYTHING el.e. II Is a familiar rule OF
Law that statute broader than its title or who's"
purport il not expressed in its title. l. null ana
void alb ni.iO.
But. even if this were corrected. am inclined
10 believe that the statute would still be- null
and void for ambiguity and this for the follow
ing reasons. viz:
Section OF the statute provides that Michael
Moore Thomas Morgan Sturdevant. Morgan DIX,
Asa Bird Gardiner" and others, constituting the
Council of Administration Board OF Directors
OF The Veteran Corps OF Artillery Incorporated
January g. 1896 by the title OF The Society OF the
War OF 1872 may, for the purpose OF enectins
of the expressed objects OF said corps 30
certain things But there is no intimation or de-
scrpton of what the obiect-loosely alluded to
as zone of the expressed objects of said corps
is or how the entirely immaterial and trivial
things with enumeration OF which. as Mr.. Manice
points out the great bulk Of IN, statute Is taken
up) will effect" this anonymous expressed OBJ
ject" And by another rule OF law. quite too
familiar TO need restatement here this statute
will not 'hOld water moment.
J,ut.
the text OF this bunging statute does is TO say
that Messrs. Moore Sturdevant. Morgan DIX.
Gardiner and others may do certain things land
among these things the "gobblinG OF cemetery
lots is rot mentioned) TO effect certain result
The statute does not say that these persons are
corporation known The Veteran Corps OF Artil-
lery" or that they have. or had. or have had. any
connection with a society known the Society
OF the War Of 1872" II does not even say that
there is any such corps concern a. The Vet
eran Corps OF Artillery" does IL erect the
above-named persons into a corporation. or permit
them to hold real estate. even burial lots. excep,
I'm their Individual capacity. as TO which no
statutes are needed II these persons should.
however in the future desire 10 call themselves
The Veteran Corps OF Artillery" there II no law
10 prevent them. that title having become pubci
juris by the lapse OF ,he know" nouy oi h ma
Memorial History. some half century ago, BH, s'
War OF lsl2' by the very terms OF this statute
itself ,,,., ,,,
There being then. nobody to 'gobbe'' the burial
lots the remainder OF this most remarkable statute
need not be gone into Whoever drafted II must
have had considerable nerve 10 inform the legis-
lature that The Veteran Corps OF Artillery In
corporated itself in 1899 under the title ;he SO
cety OF the War OF 1872" and that burial lots were
drdicated 10 the use OF the Society OF the War
OF 1872 thirty years before II came into eS-
isterce and so have made up by assurance what
he lacked In ability 20 draft statutes that would
hold water 49,,
But whatever objects he or the promoters OF ms
wonderful statute may have had. or thought they
had the statute Is ridiculous failure. The only
verify 10 be extracted from its labor.d rubbish i
,ha. certain persons described therein NAV. II they
ulease call themselves The Board OF Directors
or Council OF Administration" Of long -since-de-
funci corps OF artillery. but that they are
estopned hy their description OF themselves
from calling themselves society" or the so
ciefy' of "thc war Of 1872" "Parturiunt montes'
rs-cltur ridiculus mus
The burial lots are safe Nothing but an earth
ouake can destroy them divert them from IN"
express trust by which the cypress iils cemetery
Association holds them forever subject 70 the
burial rights OF tho veterans themselves and when
the last one has been Inferred there. as per
retual close where they may rest IN peace DOT
even statute ~ tho State of New-York can divert
,ha, irlsieeship from ifs Trust - ...-.
HENRY CLARK GARDENER