The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-06
UES7.RY HAVE RIGHT
TO ERECT BUILDING
Opinion Of City Attorney as to Cognate Question
Seems to Settle Matter. Formal Notice
Served on Mayor.

Served o
Formal notice was served on both
Mayor Mccarthy and City Attorney
Pollard yesterday by Mr.. John b.
WEIGH, attorney, acting for the vestry
of the st. Johns Church, to the effect
that on July 18th the vestry will pro-
coed to have @tic foundations for the
Alexander Whittaker Memorial Chapel
and Sunday school on the property Of
the church commenced. Both officials
declined to accept service by signing
their names, the service not being
r,ade by an officer. Mayor Mccarthy
said that he would await the opinion
or advice of the City Attorney before
accepting service.
,s May Settle 8lnchtion
Il City Attorney Henry X. Pollard was
not in his of1lce yesterday when q
representative OF The Times-D Dispatch
called. being Detained at his home by
Eeason OF sickness, No expression
could be had from him. therefore. as
to the status of the conflict OF author-
cation of ST. Johns Church as to the
right of the latter to build on the
church lot. Though an opinion on the
present phase of the & question could
not be had, an opinionYas to cognate
question Ia on record, and In the judg-
ncnt of Councilmen familiar with 1t.
this is conclusive Of the present qucs-
ton. This opinion, dated July II, 1904
Is as follows:
.1To the Committee on Cemeteries,
..Gentlemen,--I be z further to re-
port In regard 70 the right Of the
4 -. f.-~A - 80
tqon to st. Johns Church building.
that I on Saturday received the nec-
essary plat from the City Eng1necr's
office to enable me to answer In
diligently your inquiry, and beg
now to sny TINT, M 1 understand,
the proposed enlargement Of the
building will be entirely on lot No.
0S, which il owned by the vcstry
of st. Johns Church, subject only
to the control OF the city 30 far
ms to preserve and protect the
rights OF persons entitled to use
the sumo for burial purposes. III
view Of these facts am Of opin-
ion that the vestry hive right to
make the proposed enlargement OF
the church-buildinS, ns I am sat-
isfed such enlargement will not
materially deprive nny person OF
their right Of burial, nor injurc or
defnce monuments intended to per-
4 petuntc the memory of those who
have already been buried on said
4 lot. beg to send you herewith
the blue print showing the exact
location Of the several lots inclosed
by the city under the arrangement
4 with the yestry of st. Johns
4 Church.
Every respectfully,
/ "H. II. POLLARD,
4 "City Attorney"
1 It would seem that this opinic
would be conclusive OF the prese1
controversy unless the proposed in
4 provements interfere with burr
rights or injure or deface monument
as it is conceded that the two struc
ures are to be built upon the sectic
owned by the congregation.
What Code Says.
The first section OF chapter 90 OF t
i City Code of 1893 p"Concerning /!
Johns Burying Ground'' summarizes
) the form Of a preamble the history
) the joint arrangement between the CT
and the congregation. This chapter,
far as in any way applicable to t
question at issue, reads thus: t
t Whereas, the lots on Richmond FIJI
) on which tho old church stands, a
) which are known in the plan Of t
i city Of Richmond by the Nos. 81 a
e 9S, were for long period of til
) used as q place Of burial for the CT
: zens generally: and in 1899 the Cou
r ell purchased from John Adams, 4
No. Ill, and from Richard Adams.
executor Of Thomas B. Adams. lot /
112. and obtained deeds conveying I
9 same to the city. which deeds we
: admitted to record In the County Co,
: Of Henrico on the stl1 Of April, 49,
a and ttereuponYt the Council, by an
I ran ement with the vestry Of the S,
:, church, caused the said four lots, co
:. prisng one entire square, to be 4
; closed by brick wall; and the SOU;
: has thenceforth been used as a pit
for the interment Of the dead Of eve
L religious denomination, until the CO,
ell obtained other cemeteries; 9
: whereas, at the time of said arranl
ment, It was understood that the c
J porate authorities Of tho city sho
4 incur all the necessary expense
tending the erection Of gates
: steps. and keeping the Enclosure
I good repair; and should at oil tir
have power to esta blish such regu
tons as they might think proper as
: the ground within said inclosu
y therefore, in the month of July, at
tho organization of the new Coun
:, or as soon thereafter as practica
= the president OF the Common Coul
= shall appoint three members Of t
body, and the president Of the 30
! Of Aldermen shall appoint two me
4 bers OF that body, to act as conn
,. tee Of the square in which the chu
is situated,
= "2. The Committee on st. Johns Blu
j. Ing Ground shall cause to be kept
"a good order the whole Of said !nclos,
Ie with the gates and steps for pass
d through 1T. and everything that
u within the Enclosure and outside
church. For these purposes. the
ditor shall pay. upon the order Of
committee, sum not exceeding I
In any year. The Auditor shall furt
q pay, upon the order of the commit
Y a sum not exceeding $6S4.96, In p
ment of the salary. of the keeper
lected to take charge of said buryi
a ground Nothing In this section s
al be construed to authorize the conn
". tee to|prevent or interfere with
of use Of the church by the congre
IN ton thereof
10 Rector Makes Statement.
I'd In letter to The Times-Dispa
Rev. r. A. Goodwin. rector Of
I0hN'c T e tl3H