Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-25
CEMETERY FIGHT
MARSHALS FORCE
Montgomery to Voice Strong
Opposition to Encroach-
ment of Burial Sites.
By WILLIAM ]. WHEATLEY,
stan Correspondent Of The Star.

ROCKVILLE, Md, February 25.-
Strong opposition already is developing
to the location of any cemeteries in
Montgomery County in the area ad-
jacent to the Capital City and contigu-
Gus to the so-called metropolitan dis
trict. It was learned today. But the
matter will not come to a head until
after March 10. when the ordinance
adopted last week b. the Montgomery
County commissioners governing the
location OF such areas goes into effect.
1t is now running its period of publi
cation, necessary prior to its effective
date, but the opposition is marshaling
its forces for the public hearing which
must be granted on the two applica-
tions for permits. one for the location
of burying ground adjacent to the
Congressional Country Club and an
other for the location OF similar area
in the vicinity of White Oak, on the
ColeSville-Ashton road. on the highway
which leads from Silver Spring to
White Oak
Lack of Authority Claimed.
~~ With the rapid growth being expert
enced by the county, 1t was pointed out,
the commissioners should go slow in
passing such permits, and particularly
until such time as thorough survey is
made of the metropolitan district by
the Maryland-National Capital Park
Planning Commission. The proposed
cemeteries are both outside of the sub
urban area. and 1t has been contended
that the commissioners are without au-
thority to pass such an ordinance, eX-
cept to restrict them within the met
ropolitan district but the law under
which the ordinance was adopted.
chapter 702, Of the acts of General
Assembly, of 1927, specifically includes
the entire county, and does not limit
the power to the suburban or metro
politan district.
This law is the same one which gives
ne county commissioners authority to
1dopt ordinances for the control Of
billboards. places of public amusement,
clubhouses. picnic grounds, bowling
alleys billiard and pool rooms, hospitals,
sanitariums. educational institutions.
orphan asylums. roadside stands and
other establishments. The only restric-
ton in the law is that any ordinances
or regulations issued under its terms
shall contain proper standards for the
exercise of discretion conferred herein"
and shall operate uniformly"
Imprisonment Also Provided.
While the law authorizing the ordi-
nanceS to be issued Hereunder pro-
videS for q fine of not more than 500
for violations of the ordinance, which
the county commissioners will put into
effect next month, it provides for i'm
prlsonment for 80 days for any default
In the fine
This is the first ordinance issued UNI
der the provisions of the law. but the
commissioners are contemplating soon
to issue an ordinance controlling the
placing of signboards on private land
bordering on the highways in the
county. There has been a general re-
sentiment among many of the residents
against the growing numbers of these
signs which obstruct much of the beau
tiful scenery to the touring public, but
it was said that the matter Of control
ling them has been held in allegiance for
the two years since the passage of the
act, because the officials wanted to de-
termine the legality of such an ordi-
nance so that 1t would be safe from
court attack when adopted Now, it
appears that there Is little doubt that
they can be controlled even on private
property under the licensing system
There was bill introduced in the Leg
iSlature last week for State wide anti
billboard law. placing its control under
the State police. In the law proposed
last week, the license fee is fixed at
cents a square foot, but no such fee pro-
vision is provided in the Montgomery
County law. 1t would have to be fixed
In the ordinance placing the law into
effect.
Declared Unfair to Investors.
A further point of opposition against
the cemeteries Is that many people have
invested in lands In the county, which
they expect to use or sell for residential
purposes, and it would be unfair, it is
declared, to issue permits for cemeteries
until there Is some certainty as to the
direction in which the population and
building will flow.
Prince Georges County Is faced with
o similar problem, and Senator Lans-
dale G. SaSscer said that during the
past year or two the area adjacent to
the District of Columbia had been
closely spotted with burying grounds.
In order to stem this inflow and to as
sure residential development he has in
troduced law in the present Legislature
placing control Of the locations in the
hands of the Prince Georges commits.
sioners under licensing system.