The Washington times., 1901-10-10

| Improvement of James Creek Can
nI-Requcsts Made by Citizens
| Anton H. HeitmuIler. of ass Louisiana
Avenue northwest, recently sent COM
munication to the Commissioners com
! planning against the action of the au-
thorities of Harmony Cemetery in NOV
ing a fence and including new land il the
bounds of the cemetery. He says that
complaint was made several years ago
that the cemetery authorities were interr-
ing bodies In a new plat of ground other
than the part originally mapped out as
the cemetery property. Mr.. Heitmuller
states that it was the adjacent property
holders who made the complaint and that
as a result the cemetery authorities We're
forced to discontinue the practice begun
by them.
Mr. Heitmuller states that it has now
been brought to his notice that, contrary
to law and without any authority. the
boundary of the cemetery has been en-
largod by he moving of an old fence SO as
to enclose more ground. Mr.. Heitmuller
protests against this and asks that steps
| be taken to compel the people who own
| the cemetery to restore its original boun-
daries.
1t appears from an inspection made by
the Health Department to which the
complaint was referred, that the east
fence was moved outward about 150 feet.
enlarging the cemetery along the east
side After a thorough investigation DR..
w c. Woodward, the Health Officer,
made the following report:
The original tract occupied by Har-
mony Cemetery comprised 1890 acres. On
January T. 1898, an adjoining tract. not
then or previously used as a burying
ground, comprising 1888 acres, was con-
veyed to John F. Cook in trust for the
sole use and benefit of the voluntary as
sociation known as the Columbia Har-
mony Society, as a burial place for de-
ceased colored persons under the coustitu-
ton, bylaws, and regulations of said So
ciety.
"On February 81. 1900, the Columbia
Harmony Society filed with the Surveyor
of the District of Columbia a plat of
Harmony Cemetery in an act for the regu-
lation of cemeteries. approved January %.
1895. On August l, 1901. the Commission
ers exempted the addition to Harmony
Cemetery from taxes. BY section of
certain regulations to secure a full and
correct record of vital statistics. promul-
gated by the late Board of Health in 1874
it is made unlawful to inter the body
of any deceased person anywhere in the
District of Columbia, except in such
grounds as are now august l. 1870 known
and used as burial grounds or such as
shall hereafter be- by law. designated and
authorized to be used as such.
80 far as the Health Department is in
formed. the only law in force at that
time or between that time and January 25
1898, by which land could be designated
and authorized to be used as d cemetery
was the general incorporation act of May
3, 1870, which provided for the incorpora-
tion of cemetery associations and for the
dedication of burial grounds. Whether
or not the Colu-ahia Harmony Society is
cemetery association within the mean
ing of this act the Health Department
is not informed. Cemetery associations
were at this time required by law to file
plats of their burial grounds In the office
of the Recorder of Deeds, but no plat of
this land was FLED.
"On January 25. 1895 while the proposed
addition to Harmony Cemetery still stood
in the name of John T. Cook as trustee
for the Columbia Harmony Society, the
LAYING out of any new cemetery or part
of any cemetsry SithIn the CITY OF wash
ington or within the District within one
mile and a half from the boundaries of
the city was forbidden by the act for the
regulation of cemeteries and the disposal
of dead bodies.
The only question presented by this
complaint seems to be whether the tract
of land decided to John f. Cook, as trustee
for the Columbia Harmony Society, on
January 4, 1898. and now sought to be made
a part of Harmony Cemetery. was, prior
to January % 1898, by law designated and
authorized TO be used as burial ground.
so as 10 make it a legally constituted
TfFin IN
question is purely one of law. ] respect
fully recommend that il be referred to the
for the District for an opinion.
The Commissioners yesterday approved
The above report and the matter has been
referred TO the Attorney.
The Commissioners have addressed a
letter to General Gillespie, Chief of Engi-
neers, L. S. A. requesting certain in
relative TO plan once before
Congress for the permanent improvement
of the James Creek Canal The Com
missioners have under consideration the
question of their authority and control
over the margins of this canal, and they
have in hand a report submitted to
President Andrew Johnson and by him
forwarded to Congress by board com
posed of Gen @: A. Gilmore, Gen. Il. y.
Tower and Major G. X. Warren. The
Commissioners state that they have no
maps or data which will aid them in OBJ
tanning clear idea Of the proposed plan I
OF improvement, and they request that if
such maps or profile are on file in the |
Engineers office that they be permitted |
to examine the same.
Edward Chesley objects to the manner
of transporting offenders against the law !
To stationhousos and to the way in which |
they are unloaded before the crowds of |
curious people who coEgregate before the |
police stations or around the Police Court |
He is of the opinion that the driveways |
of the stationhouses and at the Police |
Court should be 50 arranged that the |
prisoners could he unloaded away from |
the eyes of the gar ping multitude
William Baum has addr, ssed the Com
missioners relative to the laying of as
phalt pavement on Nineteenth Street |
northwest. He states that he is
informed that the Commissioners |
resurfacing Nineteenth
Street, between NJ and n Streets.
and he desires that the improve
ment be extended so as to take in the |
stretch between NJ and l. Streets He
H.