El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-06-04
The Evergreen Cemetery.

A petition was filed in the dtstrict
court today by h. NJ. Mundy, J. J.
Mundy, J. Il. Comstock, J. F. Crosby
and many others against Eugene South,
wick, r. II. Thorne, F. ]. ThOrne, and
w. w. Day, in which 1t is alleged that
said cemetery IL q nuisance, and pray
ing that it be sbsted and that an In
junction may be issued restraining and
prohibiting tho defendants from In,
terring any more dead bodies in said
cemetery. It is alleged in said petit
ton that the PLAINTIFF own land ad-
joining and near to the same which has
been greatly deprecated by'resson OF
the location and existence OF said
cemetery.
That the said cemetery has been
established and used a. such for about
four years, during which time 1t mas
been overlooked twice from the river,
and twice by water from the mountains;
That the whole OF said tract OF land
upon which said cemetery is situated is
underlsid with water which 10 not
more than three or four feet from the
surface of said land. That on account
of said water being 20 close to the
surface of said land the graves for
the reception of dead bodies are made
very shallow and the bodies buried
very near the surface of tho ground, 90
- to avoid burying them
in the water, while in many instances
dead bodies have been buried In
water in said cemetery, and in all cases
when Q grave 10 dug sherein it IL nee
essary that great precautions be taken
in order to keep the water out OF such
grave until the body can be depoeited
therein, and the defendants and those
employed by them in the burial OF the
dead, have resorted to various means
to keep the water out of graves until
the bodies could be buried, such q
putting oil cloths about the box used for
the reception of collins and other devil
ces, in order that the graves might have
the appearance, to the relatives and
dry. That during the time when said
cemetery 10 overaowed with water,
bodies are washed entirely out Of the
graves aud have been f1oatod about by
the water, and some OF them have
been carried entirely away from said
cemetery by the water and lost.
That said cemetery is infested with
innumerable little animals known as
the gopher. That they live in the
ground and have perforated the en-.
tire cemetery, and the graves, with
holes from the surface Of the ground
down to said water underlying the
said cemetery rises and falls with the
rise and fall of the water in said river,
and when the river rises the water un-
der said cemetery also rises and forces
out through said gopher holes the most
foul and unwholesOme gases and odors
from the dead bodies lying in said
water underneath the ground, infect
lug and poisoning the air surrounding
and coming into the Installations and
houses of the plaintiffs, and when said
cemetery is overlooked said gopher
holes become filled with water, and the
poisonous water in which said dead
bodies have lain 10 forced
to the surface and carried into
the premises of the PLAINTIFF.
That many persons who have used the
water from their wells have been made
sick since the establishment of said
cemetery caused by poisonous sub
stances coming from said cemetery.
That said cemetery 10 q nuisance and
u0ht tn ha ah2ted.