Montour American. (Danville, Pa.) 1866-1920, 1907-07-11
petition PRE-
SENTED TO COURT

The proposition to abolish The old
cemetery on Bloom street and to trans
fer the site to the borough to be used
as public park was presented to court
on Saturday. After presenting the petit
tion the hearing was held as advertis-
ed. No opposition developed and as
the law relating to the matter is very
clear there seems to be no doubt but
that the cemetery in due time will be
thing of the past.
Borough solicitor e. S Gearhart on
presenting the petition to the court
for legal abandonment of the cemetery
explained that the procedure was bas-
ed on the acts of Assembly of 1874,
1876 and 1887, and cited authorities to
show that the objections usually urg-
ed in such cases are without any legal
force. He found abundant precedent
to establish the fact that the owner of
a lot in cemetery merely purchases "a
grant or license to bury there, but
does not become the Tner of the soil,
If, owing TO the change of conditions,
as in the present case, it becomes
necessary to legally abandon the ceme-
terry, the most that the lot owners can
ask is sufficient notice that they may
remove their dead, if they do not
choose to leave that duty to the mum
icipality that is proceeding to get rid
of the cemetery.
Mr.. Gearhart explained all the pre-
liminary procedure showing that every
requirement of the law in the premises
had been complied with.
A number of witnesses were called,
all agreeing that the cemetery is
wholly neglected, that it is nuisance
and detriment TO the town also that
it is admirably suited for a public
park and possible site for soldiers
monument, the erection of which is
contemplated.
The first witness called was DR.. Jno
Sweisfort President of the borough
council, and one of the officials of the
Odd Fellows cemetery. No bodies
have been inferred in the old cemetery
for years; between 100 and 200 have
been removed to the Odd Fellows
cemetery. Hundreds OF the graves are
unmarked and even the mounds are
obliterated. 1t is over grown with
l. / L
a harbor for snakes and vermin.
W. J. Rogers, chief burgess of Dan
Vile. was the next witness He said
that great holes and hollows are found
in the cemetery where dead have been
exhumed and that these,have been par
italy filed mp with castoff tin ware
and rubbish of all sorts, making the
spot a nuisance and a menace to pub
lie health. The spot is wet and springy;
it is lower than the surrounding
grounds. which makes the streets and
alleys fianking it hard to keep in re-
pair, as the water is bound to wash
down into the cemetery If filled up
as proposed by the borough, it would
make an ideal park.
f. s. Miller. street commissioner.
was called. He has known the old
cemetery for 80 years When he was a
boy it was no unusual thing to intera
body on top of one already buried He
himself witnessed such burials At
present it would be impossible to find
the graves of one-twentieth of those
buried in the old cemetery. Where
stones are still standing it frequently
occurs that the inscriptions have be
come effaced by time No bodies have
been inferred there in - or 10 years,
at least.
DR.. p. c. Newbaker, president of
the local board of health, was the next
witness, He described the general con
dition of the cemetery and said that
from a physicians view point it is
menace. to the public health.
Alex Foster secretary of the board
of trustees of the Mahoning Presbyter-
ian English congregation north, which
has petitioned the court for the legal
abandonment of the old cemetery, ex-
planned that trees have been planted
among the graves and what else has
been done in an effort to keep the old
burial ground as presentable as posi-
BILE.
Thomas ]. Rogers, one II the trus-
tees, was the next witness The burial
of dead has been prohibited there for
years, he said.
W. L. Mcclure, another trustee,
testified that the old cemetery has be-
come the dumping ground for all sorts
of refuse, including dead cats and the
like. There gre tomb stones to be
found in the cemetery over 100 years
old. Three or four generations are