Evening journal., 1916-10-02
Library SITE SALE
STOPPED By Court
Temporary Injurclion OBJ
tanned by Chew Heirs is
Made Permanent
ORDER Restraints
ANY FURTHER ACTION

the Jnlteu states DlSlllcl NOul j h0iO
this morning are carried out. In the
decision. which was handed down by
Judge Edward G.. Bradford, the pre-
/ liminary injunction granted by the
court last spring enjOining the FIRST
Presbyterian Church and Arthur l..
Bailey. representing the library as
sociation,' is made permanent, and the
church, its officers. directors, trus-
tees. agents and attorneys are enJoin-
! ed from directly or indirectly enter
ing upon or trespassing i'm any way
upon the burial lot or vault wherein
the bodies of the relatives of the COM
plainants are buried or from directly
or indirectly removing. OF in any wise
disturbing the bodies or remains OF
the said relatives.
The decision is the result of the
hearing before Judge Bradford last
summer. in which Emily Cleand
Townsend Chew, Ethel Jordan. Vim
cent Jordan and Archie Jordan de-
scendsnts OF persons buried in the
cemetery of the First Presbyterian
Church endeayored to have made per
manert an injunction brought against
the church and Arthur L. Bailey. stop.
ping them from selling the property
to the library association for the use
as a site for the new library building
to be erected at Tenth and Market
streets.
The case was argued for several
days by prominent counsel on each
side and Judge Bradford directed that
briefs OF the arguments be submitted.
In the decision it is declared that in
view of the fact stated. the prelim-
mary injunction must be sustained
and the church be refused permission
to sell the property to Mr.. Bailey and
the interests he represents.
And now. TO Wit this second day
of October. A. d. 1916 on further con-
sidei alton it is ordered adjudged and
decreed by the court that the decree
made in this cause on the thirtieth
day of September. 1916. awarding a
preliminary Injunction be and the
same is hereby amended so as to
read as follows:
And now. to wit. this thirtieth day
of September. A. ID. 1916. the above
entitled cause having come on for
hearing on a motion for a prelimi-
nary injunction and the said motion
having been fully argued and the
same having been maturely consid-
cred by the court. il is now ordered
adjudged and decreed by the court
! that a preliminary injunction issue
directed to the said defendant cor
. pOration. enjoining it. the said de
- PENDANT corporation, the First Pres
+, byterian Church Of Wilmington, Del
, aware. Incorporated. and its officers
, directors. trustees, agents and at
torneys. from directly or indirectly
entering upon or traspassing in any
way upon the said burial lot or vault
wherein the bodies Of the relatives o.
the compliments are buried, and
, from directly or indirectly removing
, or in anywise disturbing the bodies
or the remains of the said relatives
Of the said complainants now buried
in said lot or vault mentioned anC
p described in the bill OF complaint
7 filed in said cause. and that the saii
defendant corporation, its officers. dr
rectors. trustees. agents and attor'
neys. be likewise enjoined from di
rectly or indirectly removing Tho
monument thereon erected, the cofiir
and vault therein placed and built
the tombstone. coping, fences anC
J chains on or surrounding the same
and from directly or indirectly mutt
lating. cutting. destroying or remov
ing the trees. shrubbery. flowers, and
earth in and upon the same unit
further order of the court.
"And further. that the said defendan
+ CORPORATION. its officers. directors. tIus
E tees. agents and attorneys, be lkewis
enioined from directly or indirectly re-
r moving or disturbing all on any bodie
buried in said bu~ying ground, and fror
t, directly or Indirectly removing or di-
turbine all OF any other collins, vaults
tomhstOnes. monuments. copngs. fence
:, trees and shrubhery in and upon sal
burving ground until the further orde
of the court
J. END further. that the said defend
ant corporation. its officers. directors
n trustees. agcuts and attorneys. he like
4 wise onioincd from conveying the plo
of ground set out in Exhibit r anncXc
!, to the hill of complaint fled in tn
7. above entitled cause, or any PORTO
thereof. or any other part of said buria
ground to the said Arthur L. Bailey. q
to any other person or persons whomso
? ever.
And further. that the relatives Of
friends of persons whose remains are
Inferred IN the said burying ground
may apply to the court by suitable
petition. duly verified for permission
+ 10 remove such remains from the said
burying ground in such manner as
to iniure as little as possible the ap-
pearance and good order of the said
burying ground. aud may obtain suct
order from the court in proceeding;
on such petition as shall he deemed
proper aud suitable under the circum.
stances
And it is further ordered by the
court that before the issuance OF said
preliminary injunction against tho
said defendant corporation. its OIL
GERS. directors trustees, agents and
attorneys, the said complainants. or one
or more of them. shall enter into a
bond with surety 10 be approved by
the court 70 indemnify and save
harmless the said defendant corpor-
alton from loss or damage resulting
from the issuance of said preliminary
Injunction. the said bond TO be in the
sum OF twenty-five hundred dollars