Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-29
BERWYN CEMETERY
/ CASE UP IN BOARD.
Matter Referred to Counsel
After Hearing Statement of
Company's President.
BY GEORGE PORTER.
Stan Correspondent of the Star.

UPPER MARLBORO, Md, January
2s.-Further consideration of the APP
plicability of the new cemetery law to
the proposed memorial park cemetery
in Berwyn district, removal of large
assessment against the Washington
Railway & Electric Co., and a joint con-
ference with the Board of Education on
the high school transportation problem
featured the weekly meeting of the
Prince Georges County Commissioners
yesterday.
The cemetery question, which was
raised before the county commission
ers in a letter from the Washington Bet
ter Business Bureau, and has since
been the subject of study by NJ. Hamp-
ton Magruder. counsel to the commits
sionerS was given the attention of the
whole board when John Frank Lillard,
president of the Northwest Cemetery
Co., which is sponsoring the project,
made a written and oral explanation
of 'the position" of the company.
Laws Requirements.
The new law, effective June 1, last,
requires the permission of the county
commissioners be granted before a ceme-
terry can be established. In its letter, the
Better Business Bureau states that I'VE
understand just previous to the time the
new law went into effect the promoters
buried an infant on the property" which
Is on the Riggs road, and consists of
about 100 acres, part of the Washing
ton Sanitary Farm
Learning of the letter from the Better
Business Bureau through press reports,
Llllard told the commissioners that his
company was fully advised of the pro-
visions of the new statute, but de-
clared "inaSmuch as we were chartered
by the State before the law went into
effect we are surprised that any ques-
ton as to its application to us should
be raised"
Lillard cited a case tried in Tennes-
see in 1925, which he said was identical
with the one involving his company
The Chancery Court, he said, returned
a verdict for the company and the
county commissioners appealed to the
State Supreme Court which upheld the
lower tribunal. The court held that
the new cemetery was chartered by the
State prior to the passage of the act
requiring consent of the county COM
missionerS. and that the act could have
no bearing on cemetery established
under express authority previously
granted by the State.
The suit. was brought to test the
validity of the law, but the court re-
fused to pass upon the validity of the
act and held that whether valid or not,
1t had no application to a cemetery
previously chartered.
Referred to Counsel.
The Prince Georges Commissioners
referred LIZARDS statement to their
counsel also, and expect an opinion
from him within the next few weeks.
Satisfied by the statements of Will
aVlyn ef-fo
treasurer of the Washington Railway E
Shreeve and Transfer Clerk Baxter
that an error had been made in keeping
q 71-acreage assessment on the books
against the railroad company, the COM
misSioners yesterday ordered the assess
ment, which amounts to about $40, 900,
removed
The records show that in 1899, when
the railroad company bought the land
for its line to Laurel, it was assessed
on an acreage basis for 70 acres. The
same year an assessment for the first
mile of trackage was placed and a por-
ton OF the acreage assessment removed.
In succeeding years, however, when the
railroad was completed, a trackage as
SeSSment, totaling 1872 miles, was made,
but the remaining acreage assessment
was not removed.
In accordance with their decision to
again consider the question of free
transportation Of high school pupils
after the first Of the year, the commits
SionerS met in executive session with
the Board of Education for nearly an
hour yesterday, but failed to reach a
definite agreement, the commissioners
desiring a still more extensive analysis
Of the problem be made because of its
Importance.