Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1910-02-04
NOT A CROOKED DEAL
Trees Sold to Secure Funds for
Improving Cemetery
Was Adequate and No Member was De-
frauded-Answer to Complaint


Answers to the bill Of complaint ned
by oscar r. Ware Of Brattleboro and
George b. Johnson. Arthur c. Warren
j. d. Pierce Elroy A. Chase. $ n
kenney and j. n. Kenney of Newfane
stockholders OF the Newfane Cemetery
association against the cemetery associa-
ton and Its president, Arthur c. Harvey
were filed in the county clerks office
Tuesday by Haskins & Schwenk, the de-
PENDANTS counsel on Jan. the orators
alleged that the defendants sold to
Arthur c. Harvey's son. Jesse. OF Enos-
burg, all the standing timber within the
boundaries OF Woodlawn cemetery at q
wholly inadequate price, that 40 cords Of
wood and $4,000 feet Of lumber had been
cut, that there was on oct. !. 1909 100.-
600 feet OF timber and 100 cords Of wood
on the premises. that the cutting greatly
dlshgured the lot and deprecated its
value and that the sale was without
authority and really was made by Arthur
G. Harvey for his own benefit. contrary to
equity and good conscience. An injunc-
ton restraining the defendants from fur
Their cutting was issued by Judge F. L.
Waterman on petition OF the orators
counsel Gibson & Waterman.
The cemetery association. by its trus-
tees, Arthur 6. Harvey. +. A. Dewitt
and l.. H. Higgins. admits that no vote
ever has been passed by the members
giving the trustees any authority To sell
the real or personal property but it AYERS
that on March - lS95 the trustees voted
that The rr,sident ana ss.r,t.,r,. ,,.cro
authorized to execute deeds for cemetery
lots and thar since taru thev have sold
and .nrve,.cd a. 1icrar.,, ,,,,.,.,,,s 70 ,,..
in WoodlaWn cemetery. II AYERS that II
has sold hav rrowinr ON tbe gro,,rds
from wear to wear. an Of which was known
to the orator.. cxc,pt MIR Ware who did
not become a member of the association
until Dec. 16. 1sn4 Tho associotiop sa,e
that along tho northern and eastern
borders there were ,.,rious tip1s ~ ,r,ce
which were rough. uneven. s,r,ralv old
decaved and uusichtI,. ma, mo asso,is.
ton for tn, sole uurpos. ,f securing
funds to improve the rrneter.,. voted ~
remove the rough uneven ami ..rarpi,.
trees and to grow nine tro,- i'm fr,i-
pl9rrs hIIf were nm, bIa o., ,,.f . ti1 o.,
more Than S-s for wood ana ,i,,i..,. t,...
outside the hin, trees
The trustees say that th. u.rra.,nt.,hr.
lumber in the trees mentioned -1,,ili moi
exceed u 600 feet and that tho a,,,,t,,,
of wood would mo-, evr,ed iao ..,rd. ,,,,
that 20 cords ,rould not hc t,l,, hy
reason of it's rourhncss and uncv.r,..s.
that the expense of cutting the wood
and timber trees where they are st,pa,.l
would be i'm excess OF MAT i'm other r,,r,s
for the reason that some ~ tbc,, ,,,,,i,l
fan on moving land and thar TN. ION.
and chips would have Ia no removed .,,.t
that other trees Uou'd fan init, tb. .,.,,c-
terry and the brush and rbips vo,ird h1y,
to he moved and burned and Tho ,,,d 90,
which they foil wound havc ,o bo WHO'D
over
The association sold trc's,ardirg finn.
Der within the boundari,. NJ tho car,o,,.r,
to Jesse 4. Harvey for S-6 1, dopi.e IVA,
it had no right TO make the sale anf say.
it had the same right and autbori,,. a.. tf,,,
by which II sold the burial lois go. and
hay. which was bv ,-irtue ~ n h,.-la.,,
vestinC in the trustees the manape,,or,
of the propertv and business II d.,tns
that cutting The wood ana ,i,,,ber in
the way in which they were IN no ont
would in any way dis0rure tho ,er,e,cry
or that the value OF the nronrrtv ,vo,I,l
be deprecated. hut fl ayers tbat u.bc,,
fully grown the cemetery viii h. far
more beautiful and lis ,aIue rrcatl,. in
excess of what II was win, th. y,o,J .,,'d
timber trees standing Thereon THO
trustees saw that the con1pepsatio,, ,,5d h,
Jesse A. Harvey was a fair v,I5o ana
that no member or the cemoter,. $50
citation has beer defrauded ar cb,a,oG 80,
of his propertv Nborefor tba asso.ia-
ton asks that the hin of ,n,n,,l,tr, a.
dismissed and inc iniuuctior he diesa,,.-7
and tho defendants dismissed ,,.ttL 800
Arthur c Harve,. de,,,,rs 70 tho f,fr -
comnlaint and says 3, fs i,s,,,,,ior, a., Ian,
or eouitv to connel min, "a ansyror ma
he asks foi. tho judgement Of mo co,,r, t
his costs. He saws that before g.,
1909 he endeavored as ono NJ t,c ,r,,e,
Wbbl ana lllnbtf along the nOrtnCrlN and