Amador ledger., 1904-03-11
The Public Graveyard.

lie burying ground. The cemetery il
not under the control of an association
or trustees. No organization was ever
formed specially to take charge of it.
1t has simply been filed up with graves
without any reg ard to arrangement OF
order. Family plats have been fenced
off in the same way, the size of the
plats in no way being influenced by the
probable needs of the family. The pre-
vailing impression has been that the
grounds are subject to no particular
authority, other than those who have
relatives buried therein; that the
owners of family plats have exclusive
control over such plats, notwithstand
ing that they have never paid for the
ground, and have no title other than
that acquired by pre-empting the plats
for burial purpose. 1t has been as
sumed that they have right to cut
shade trees, or grant permission to
others to do so whether for firewood
or other purposes. The patients from
the hospital are being buried therein,
and to this cause, more than any other,
is due the present cOngested state OF
the cemetery. There has been no plat
of the graveyard made, and no register
or record of the persons buried therein,
other than the headstones erected by
the friends of the decedents. In
perhaps the majority of instances
these headstOnes, or boards, have long
since fallen in decay, the Inscriptions
entirely obliterated, and the mounds
that once marked the graves have dis
appeared. 1t is now impossible to tell
from surface indications where the
ashes of the dead repose, and therefore
in opening grave nowadays. such is
| the overcrowded state of the cemetery,
the chances are strongly in favor OF
breaking into an old grave, and dis
turbing human remains placed there
years ago. As matter of fact, it is
asserted that caskets rest one on top OF
another in many cases, either from
over-population of this city of the dead,
or from lack of knowledge as to previ-
GUS interments. Such a condition of
affairs ought not to be tolerated in any
christian community. It is reflection
not only upon Jackson, but upon ANA
dor county generally. 1t is made a
felony to wantonly disturb the remains
of the dead. There is little question
that to knowingly reopen an old grave
for the purpose of burying another
decedent above the remains already
there is also violation of the law.
Overcrowding cannot be pleaded as an
excuse, it might be mitigation of the
offense. If it is populated to such
an extent that interments cannot be
made without serious risk of desecrat-
ing existing graves, it is the business
of those having authority over the
matter to close it against further bur-
ials. and provide new cemetery.
1t has been moot question, who
has authority over the Jackson ceme-
terry. This question was brought to
the front this week. The prevailing
idea has been that no one in particular
but everyone in general had authority
in the premises. But the thought that
in an enlightened nation burying
ground should be left at the mercy of
any one who might see fit to operate
therein, is repugmant to all our con-
Ceptions of law and justice. Happily
the law is not so defective. Last week
it was discovered that number of
trees had been felled within the grave :
yard for firewOod. Some ladies inter-
ested themselves in the matter to the
extent of trying to stop it. 1t has de-
vOlved upon the ladies to collect by
public subscription for the repair of
the fences, and the payment of water
charges, and it is no more than right if
the growing trees have commercial
value, they should help to pay the
necessary expenses. On Monday the
women presented the matter to the
supervisors. The members went to
the cemetery to investigate the condi-
tiOns therein, but seemed disinclined to
interfere, claiming that it was not
within their jurisdiction. Here was a
pretty dilemma. A public graveyard
more populous than the town of Jack
son itself-without legal guardian
an orphaned cemetery as it were. They
were not satisfied with this view, and
looked up the law for themselves. The
board of supervisors had adjourned in
the meantime. The following sections
of the codes are conclusive of the whole
matter:
The public cemeteries of cities, towns,
villages, or neighborhoods must be in
closed and laid off into lots, and the
general management, conduct, and
regulation of interments, permits to
inter, or remove inferred bodies, the
disposition of lots and keeping the
same order, is under the jurisdiction
and control of the cities and towns
owning the same, if Incorporated; if
not, then under the jurisdiction and
control of the Board of Supervisors OF
the country in which they are situated.
| Every person who mutilates, disin-
ters, or removes from the place of
sepulture the dead body of human be-
ing without authority of law is guilty OF
felony. But the provisions of this sec
tion do not apply to any person who re-
moves the dead body of relative or
friend for reinterment.
Because I Love You"