The Minneapolis journal., 1902-08-21
MAPLEW0oD. CEMETERY SUIT.

.MAPLEW00D CEMETERY SUIT
Famous Luverne Cnse Won ON All
Points by the Plaintiffs.
I LUVBRNE, MINN.-The famous case,
known as the lMaplewood cemetery suit,
which has been in the courts for over a
year, was settled this week outside Of the
courts. .a.- ...- ..a., F.. II
The suit was instituted over a year ago
by r. E. Brown, F. G. Mahony and j. r.
Burlingame, ito compel the Maplewood
Cemetery Association to surrender con-
troll of the cemetery, to account for all
the receipt and expenditures, and to re-
fund moneys appropriated and wrongfully
used.
+ The association, through it's directors,
T. p. Grout, E. L. Grout and J. Fl. Jones,
entered demurrer to the complaint, al
leging that, the plaintiffs had no rights
whatever in the matter, and that the COM
plant did not constitute a cause of action.
The demurrer, owing to the fact that one
of the plaintiffs was the judge for this
district. came up for hearing before Judge
Cray at Mankato, who sustained it In
every particular. The plaintiffs thereupon
appealed to the supreme court, and the
decision was handed down last April by
Judge Lovely, in which he issued an order
overruling the decision of the trial court.
The defendants principal point was
based upon the claim that the public,
under the laws by which the corporation
was organized, had absolutely no voice in
regard to the management of the place
In which their dead lay buried, nor what
the sale of lots. In short, they set up the
claim that the association was private
corporation in every sense. -
Judge Lovely's decision was so sweeping
that the defendants realized it would be a
hopeless fight to attempt to carry UP their
case, and accordingly made an offer last
week for a settlement. 1t was promptly
rejected by the plaintiffs and a counter
proposition presented. This proposition
required the defendants to surrender con-
troll of the, cemetery to a new board of
directors and to new members; that they
| refund to the treasurer the amounts
drawn out by them for services other than
manual labor, together with the amounts
used to pay the expenses incurred in the
litigation of the suit, and to further pay
| for the lots donated to them at the time
of organization, with interest to date.
The total aggregate of these amounts
lreachedS$1 $3.50. So. At meeting called for
this purpose this proposition was accepted
and it's terms Immediately carried into
effect. .,......- -
Upon the receipt of the resignation OF
full quota Of now members, directors and
| officers was elected.
| The dismissal of the action Is a source
| of great satisfaction to the people Of Lu-
| verne. The conditions have been such as
to cause very bitter feeling. The high
| handed management of the cemetery and
the exorbitant prices charged for lots
without the improvements commensurate
with the amount of money known to be
received have long been condemned. ~.
wILLMAR, MINI.
4 The celebration of the golden wedding O
Mr. and Mrs. P. P. Eddy took place in tn,
town of Edwards on Monday evening. Th
relatives present included three generations
Both Mr. and Mrs. Eddy were born in Dud
1s33.-Albert Gorwell, a brakeman, wa
brought here yesterday afternoon in an un
| conscious condition as the result or helm:
| struck in the head by a board while unload
| ing freight at Clara City. 1T Is feared hi
injuries are of serious nature.-Ben Water
man, of blindpig fame, was arraigned befor
Judge Bitterness on the charge Of maintain
ing a public nuisance. He pleaded guilty AM
was fined $25. The liquors taken during tn
raid were ordered destroyed. The furnitur
county after the replevin case has been de
cided by. the court, if they are not ordere
destrOyed.-Ole S. Reigstad is the first peo
pies party candidate to announce himself i
! the press. He is candidate for count
ACKNOWLEDGEMENTS are progressing 10
the street fair. Litchheld avenue betwee
Third and Fifth streets, will be vacted fo
the use Of the fair. Stands will be erected fo
| bands and the different street entertainments
l.. o. Thorpe and Editor V. r. Lawson hav
I ers-John E. Anderson was adjudged insan
Il and committed to the Fergus Falls hospita