Evening star., 1900-10-16
PRIVATE BURIAL PLACE
WHAT IS REQUIRED IN ORDER TO
OBTAIN PERMIT.
The Applicable Of Franciscan Monks
Passed Upon by the Attorney
for the District

Mr.. A. B. Duvall, the attorney for the
District. today advised the Commissioners
that before permit can be granted the
Franciscan Monks to establish a private
burial place in a portion Of their grounds
near Brookland. the written consent Of the
owner and occupant Of the dwelling adja-
cent to the proposed site is necessary as q
condition to the location Of the cemetery.
The establishment of this cemetery, 1t Will
be recalled. has been the subject of several
communications to the Commissioners from
property owners and residents In the vicin-
ity, some objecting and some advocating It's
location there.
The matter was also the subject Of q
hearing given by the Commissioners several
weeks ago. at which both sides were rep
resented, and 1t was at length referred by
the Commissioners to their attorney.
II his opinion Mr.. Duvall refers to the
first section of the act OF Congress approx
ed January 25. 1893, providing for the regu-
lation Of cemeteries, ETC., in the District Of
Columbia, which provides: That from and
after the passage Of this act no person or
persons shall lay out any new cemetery. or
part of any cemetery, within the city Of
Washington, in the District of Columbia,
nor in said District within one mile and a
half from the boundaries Of said city; no
person shall, in said District lay out any
cemetery, or part Of any cemetery, within
less than 100 yards Of any dwelling house
except with the written consent of the
owner. lessee and occupier of such house
nor without a permit SO to do from the
Commissioners of said District
The Objections stated.
THE proposed location" says Mr. DuvaIi.
sis not within one and half miles OF the
boundaries of the city Of Washington, but
objection is made that it is within less than
200 yards Of dwelling house. That OBJ
lection is set forth in an affidavit made by
James l.. Sherwood. who states that he Is
the owner of about fourteen and a half
acres of land Immediately adjoining on the
north the parcel of ground belonging to
the Franciscan monks; that his dwelling
house is about $50 feet from the proposed
location; that another dwelling house, with
wash house and carriage house attached,
also belonging to deponent (him) is located
within the inclosure around his residence,
which Is occupied by his servants as a
dwelling house, and has been continuously
so occupied for the past seven years. etc.
and that this second dwelling house is with
ing $50 feet Of the proposed cemetery.
The statement in this affidavit that
WITHIN 800 feet of the proposed cemetery
there is another dwelling house. which is
now and has been continuously occupied
for the purpose seven years, stands unchai-
lenged. 1t will be observed that the pro-
hlbition in the act of Congress relates to
the location of a cemetery within less than
300 yards of an dwelling house. not within
that distance of the main dwelling house of
adjoining premises, and that the written
consent of the owner, lessee and occupier
OF such house is required by the statute
to be obtained.
Il am Of the opinion that the proposed
location of the cemetery is within the dis
tance prohibited by the terms of said act
of Congress. and that the written consent
OF the owner and occupier Of that dwelling
house is required condition to the To-
cation of the cemetery proposed"
The Commissioners have not yet acted
upon the opinion of their legal adviser, but
IL is expected that 1t will receive their
approval.