The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-09-02
MAPLEWOOD CEMETERY CASE
One Of the Defendants Presentation to
Show That Management Was
Not Riqh- Handed,

MOT F7lSn- 7dnOeO.
Reference to the "high-handed manage
ment'' of the Maplewood Cemetery asso-
citation at Luverne, Mimi, in a recent re-
port of the settlement of litigation in
volving the property of the association,
has called forth the following statement of
the history Of the case from T. P. Grout,
president of the old association and one Of
the defendants in the case:
In 1886, when Maplewood cemetery was organ
lied, Luyerne had but one cemetery, Luverne
cemetery, which was unsatisfactory to the COM
munity for the reason that the water lay very
near the surface of the ground and bodies were
frequently inferred in standing water. On ac-
count Of this condition, g. L. Grout and T. P.
circuit endeavored to have the community inaugu-
rate new cemetery, but, owing to the fnan
cial stress of the time, money could not be had
to purchase the necessary ground unless the par
ties mentioned would assume the" responsibility
and give their individual notes. Accordingly
they, with Joseph H. Jones and few Others
terpreted by able attorneys, the Maplewood
Cemetery Association. A plot Of desirable
trees planted, and other necessary details at
tended to, and the incorporators found them
selves with an individual Indebtedness Of from
81, 800 to $4,000. 1t necessary for them to
give personal attention to the cemetery during
its early years, ON account of the 1mpossibil1ty
of securing competent hired help. This per-
sonal attention frequently given at consid-
cradle Inconvenience, as well as loss to the 1n-
corporators, it not infrequently happening that
necessary work at the cemetery seriously con-
ficted with important personal business of their
own. 1t is q matter of common knowledge with
many that these original incorporators intended
turning the property over to the lot owners as
soon as it had paid for itself. All charges
made by them but nominal and for actual
labor and care bestowed The books substan-
tate this fact-that money has ever been
drawn from the treasury except above stated.
The management of the cemetery has always
been thoroughly satisfactory to a great majority
of the people in the community and adjacent
country. '"'
The association believed that the plaintiffs had
neither occasion right to institute the pro
ceedings, and the case went before Judge Cray.
of Mankato on demurrer on that
basis, Judge Cray decided in favor OF
the demurrer in every particular.
| The case was then taken to the supreme court
| In passing upon Judge Cray's decision as to the
demurrer, the supreme court, rule in law,
was obliged to accept the plaintiffs e2trava
| CANT, mistaken and improved assertions being
| true, and made numerous observations based upor
| these assertions and other similar conditions
that might arise or exist, and decided that the
case ought to be tried on it's merits.
| The incorporators Of the association, being nov
! alorg In years and in the main holding the same
| views the plaintiffs to the ultimate method
of procedure in regard to the cemetery, and not
| being averse to relief from the responsibility
and care conscientiously exercised for seventeen
years, as we'll as in the interest of harmony IL
the community, decided not to continue the liti
cation.
/ Fl "Fair Week." Watch ''IiOff'' Sail