East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-08-23

Since the old cemetery across tne
river was burned off a few weeks ago
by a fire started by II. F. Johnson,
murmur of Indignation has been heard
from those who have looked upon the
burned village OF the dead. The spec
tacle of graveyard with tombstones
blackened by fire, the wooden head
boards of others lying in ashes, and
the entire block resembling a piece
OF burned timber. has not been
pleasing one to those who pass along
jackson street, and especially is this
true of those who have friends and
relatives buried there.
While the old cemetery has been an
eye-sore for a long time. owing to the
dilapidated condition 1t was allowed 10
fall into. there are certainly few who
would not prefer it as 1t was. to its
present condition. From end to end
and corner to corner the tract Is now
a burned ruin. All the grass was
burned, dozens of head-boards de-
stroyed, making the graves Impossible
of identification, and many of the fine
tombstones have been blackened by
the fire. The whole is scene OF de-
.vastation and one which doubtless
makes strangers who pass wonder
what ghoulish purpose prompted the
deed.
The fire which burned the oid
cemetery was started few weeks ago
by II. f. johnson. who owns lot 6oN
tbo feet. adjoining the tract, and Is
said TO claim the entire cemetery. inc
fro was started presumably to clear
the lot owned by Mr.. johnson, but as
there was nothing to prevent II
spreading to the cemetery, 1t soon
.overran the entire tract, and laid ~
uaste. Evidently no effort was made
10 prevent the fire from extending
over the entire area or the same could
certainly have been done
Wherein Docs Ownership lie.
NJ ils satd that Mr.. johnson has laid
claim to the cemetery site for several
years past, and he is known to have
desired the removal of the bodies, pre-
suraably 80 that he could have use oi
the land. However, others who are
interested In the matter affirm that
Mr. Johnsor's claim is absolutely
worthless, and that he has no rights
in the matter whatever.
An examinaton of the record6 made
this morning showed that on August
is, 1876. warranty deed was given
by Aura Nj. Ratay and her husband,
II. ]. Raley, for the property. the
came being given to w. II. Marshall
Lot Livermore and II. Stewart. trus-
tees of the Pendleton cemetery, the
same to be held in trust for the pur-
pose of public cemetery to them and
their successors in office or trust for
ever. Also, the deed further states
that the BlNeTb' thSii cNNSN'N'S ~
administrators shall fonever warrant
and defend the same to the said truS-
tees and their successors from all law
fu, claims whatsoever. l.
AS will be noted, the deed states
that the land shall be used for the
purpose of a public cemetery, and
does not provide that the tile shall re-
vert to the original owner. should II
be used for other purposes.
The clai moi Mr.. johnson to the
land is based upon a quit-clai'i deed
which was given by Mrs A'ua NJ
Raley on May 15, 1892. This quit
claim deed was given by her to th'
firm Of Tenery, Howard & LathroT
for the consideration Of 81 Later
the various members Of this firm dis
posed of their rights arising out o
their interest In this quit-claim deed
and these have since been acquired b!
III. r. Johnson. through several deed
ssven him in 1901. However. as Mr.
Johnson's claim II based all upon tn,