The Progressive West Virginian. [volume] (Williamson, W. Va.) 1911-1913, 1912-11-07
INTERESTING RULING
EuPREME COURT DECIDES CASE
CONCERNING GRAVE YARD.
Deed Made by City Of Charleston Four
teen Years Ago Is Held Null and
Void by Judge.

Charleston.-In the supreme court
Of appeals was decided an important
case which involves the ownership OF
the old graveyard, on Kanawha street.
The circuit court Of Kanawha county
was affirmed by the higher court, In
an opinion rendered by President
Brannon, to which opinion Judge Will
liams dissents, with Judge Miller re-
serving the right to render an opinion
later.
The graveyard In question is re-
ferred to in the opinion by Judge Bran
non contains one acre Of ground and
in concluding the opinion Judge Bran
non refers to eit,as Goods Acre.
This opinion is one of considerable
length and has been read with great
deal Of interest by many Of the lead
ing members of the bar who get from
1t many points.
In the year 1921, Daniel Ruffner
made deed to the town of Charles
ton for one acre of ground. The town
agreed to keep the land properly en-
closed and to keep it properly sepa-
rated from the land of the said Daniel
Ruffner. BY the deed the said Ruff
ner reserved small lot for use as a
private cemetery.
The town of Charleston kept the
grounds enclosed and for a public
burying place from 1881 to 1872. 1t
was the only public graveyard until
1870 when Spring Hill cemetery was
established. After Spring Hill was
brought into use for burying grounds
some fifty Of the bodies that reposed
in the Ruffner graveyard were re-
moved to the new cemetery, but hun
dreds were left there and many are
now In that old burying place. Until
1855 most Of the city's dead were bur-
led there, and there are many mohu-
ments and tombstones there now. No
order was ever made to stop burials
there, but the city has permitted the
graveyard to grow up in weeds and
briars.
In 1898 George s. Couch proposed
to buy the graveyard from the city
of Charleston for $1,000. Because Of
Its non-usage, and because of the al
legged usage Of the grounds for I'M
moral purposes, the council Of the city
accepted the Couch proposal and made
him deed for the property, In April
Of that year suit was brought against
Couch, the city Of Charleston and the
Ruffner heirs by George Ritter, James
f. Lewis, Julia +. Petty, Dulce Row
ena Laidley. This suit was to annul
the deed made by the city to Couch.
The plaintiffs were old citizens Of the
town and all had loved ones buried in
the graveyard. The circuit court de-
creed that the deed to Couch was null
and illegal and enjoined the defend
ants from removing any Of the tomb
stones, or obliterating the graves.
An appeal was taken to the supreme
court by the defendant with the re-
suit that the lower, court is affirmed.
The right of the plaintiffs to maintain
their suit was questioned, but the
court finds that kindred of the dead
may maintain suit in equity to en-
join the unlawful removal Of the re-
mains of such dead from their graves.
May Not Dispose Of Ground.
In deciding the famous Charleston
graveyard case the supreme court
establishes the rule that lands which
are dedicated to public use are not
even alienable when on account Of sur
rounding circumstances they become
unsuitable for the use for which they
are dedicated. Only the legislature
can authorize a municipality to dis
pose Of such property
William C. Cronemeyer of McKees-
port, Pa, and A. L. Wilson of Berke-
ley Springs, an attorney who formerly
lived in Baltimore. have acquired
title to the Duchess OF Leeds lands on
Capacon mountain, in Morgan county,
containing 5000 acres. This land was
once owned by royalty through grant.
Much Of the land is within four miles
OF Berkeley Springs. The landl will
be turned over to a company COM
posed OF the following officers: Presi-
dent, William G. Cronemeyer, Nc
Keesport, Pa; vice president George
L. Miller, proprietor of the Hotel Mon
terey, Hancock, Md; secretary and
treasurer, A. l.. Wilson, Berkeley
Springs. The incorporators. besides
the officers named, include Ernest
Cronemeyer, Henry Cronemeyer.
George w. Newell and J. r. Crone-
meyer. The company will prepare the
land for the setting out of fruit trees
In the spring. The tract is eight and
one-half miles long, and 1t is the in
tention to make it accessible its en-
tire length by automobile. 1t is stated
the tract contains 1000 acres Of white
sand. The company proposes to man
ufacture its own electric current.
Addresses BY Experts.
Citizens OF Briar Creek, known as
Davis Creek Berry Growers Dis
trinf MARA fraafnd IN an odupaffoo al