The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-07-11
Association Litigation Against
Margaret Smith and Other
Owners of Country Club
Property.
BEAUTIFUL SITE is
BOUGHT FOR $4,000
1t Is Planned to Place a Lake
In the LowIands and Other
wise Make the Place One of
Great Beauty.

An amicable settlement OF the suit
of the Earlham Cemetery association
against Margaret Smith and the 9TH
err owners of the Smith farm, west of
the city. whereby the cemetery secur-
ed the farm. The Country club at
present occupies the premises almost
in their entirety. The farm contains
about fifty acres. The purchase price
was s15,S75. The matter which has
been before the circuit court for sew
|eral months will be withdrawn from
litigation. 1t is the intention of the
Cemetery association to make exten-
sive improvements within the next
few years.
When the association first sought
to secure the farm, the offer was re
jected. The heirs owning the land
refused to sell for the sum suggested.
Thereupon the association through its
attorneys entered condemnation pro-
ceedings in circuit court 1t was
sought to have the land appraised by
an action similar to that customary
by railroads in seeking to secure land,
when the owner refuses to abide by
the price offered.
Case Was Contested.
The case was contested by the land
owners. Their attorney claimed the
cases were not parallel and that the
statutes governing the purchase or
appropriation of land by railroads and
other publfcaseryice corporations did
not apply. 1t was maintained the
Cemetery association is private cor
poration and could not be looked up
on otherwise.
The court held argument upon this
point of the law was not in order un-
til after appraisers had been appoint
ed and made their report, the value of
the land named by them having to be
rejected by the owners. The attor-
neys for both contestants were left
to select the appraisers but failed to
name them and the court took up the
matter. he was given to understand
an agreement might be reached, so
delayed his appointments. The end
of the controversy has been accom-
plished by friendly means of adjust
ment-
Associations Plans.
w. H: Bradbury, of the Cemetery
association, stated last evening the
proposed Improvements will not be
undertaken this year. It is the object
| of the organization to make the
grounds the most beautiful in this
part of the United States. The cem-
etery is located on a cluster of round
ed hills. The land directly in the
rear of the present burial grounds
has been purchased and this gives an
addition located on another gentle hill
slope shaded with beautiful forest
trees. The little creek threads its
way through broad plain.
| At the south end of the cemetery's
property is the line of the projected
Evansville railroad. The fill made
by this company is in a splendid state
No bridge was put in over the creek
and it is proposed to place a concrete
dam in this cut. A dam soon would
raise the level of the stream and il
would extend over the flood plain
The result would be beautiful lake
admirably situated. The ground used
for burial purposes is high and would
not be approached by the lake. A
drive could be built on both sides OF
the lake.
A Picturesque Place.
The Smith farm is one of the most
picturesquely located near the city
1t lies adjacent to the creek on the
west side and long beautiful hill
side slopes to the waters edge. The
Country club has spent considerable
money in beautifying this slope and
the sod is in excellent condition. The
club had endeavored to purchase the
| farm, but price could not be agreed
upon The Country club will be per-
mitted to remain on the farm and
maintain it's golf course 1t will be
several years before the present cem-
etery will become so occupied that
| the Smith farm will need to be util-
lied for burial purposes. The i'm
| provements will be extensive from
necessity and will require time to con-