"Negroes, Indians"

"The Clergyman's Hand-book of Law"

Charles M. Scanlan

1909

Project Gutenburg

456. Negroes, Indians.—The fact that a man is a negro, Indian, or other racial human being, is not good ground to prevent his burial in a cemetery.

Nuisance, Public Health, Disease.

434. Nuisance, Public Health, Disease.—A cemetery is not a nuisance per se, but if it is proved that the burial of dead bodies in a certain cemetery does injure the public health and is a fruitful source of transmission of disease, the State may prohibit such burial at certain places within cities or adjacent to dwellings. But unless authorized by the Legislature a council has no right by ordinance to provide that no one shall be buried within half a mile of any habitation or public thoroughfare. And where the Legislature authorized a city to remove the bodies interred and allow streets through the land, it had authority to do so.

Well Pollution

"The Clergyman's Hand-book of Law"

Charles M. Scanlan

1909

Project Gutenburg

431. Well, Pollution.—And where a man had built a dwelling near a cemetery, it was not good ground for him to prevent the enlargement of the cemetery by showing that it might destroy his well. The court questions whether there is any legal ground for complaint for the pollution of subterranean waters when caused by the proper use without negligence of the adjacent premises. Additional lands may be obtained under the law of eminent domain by condemnation.

Tombstones - soldiers

"The Clergyman's Hand-book of Law"

Charles M. Scanlan

1909

Project Gutenburg

423.. Tombstones, Soldiers.—The United States will erect tombstones at the graves of soldiers who served in the Civil War, in all cemeteries where their graves are unmarked. Wherever the United States has jurisdiction over cemeteries, it has made it a criminal offense punishable by fine or imprisonment to deface a tombstone.757

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424. Indigent Soldiers, Tombstones.—Most of the States have statutes providing for the burial of indigent soldiers and for putting tombstones at their graves. The attention of relatives of deceased soldiers should be called to it.

The Clergyman's Hand-book of Law 1909

"The Clergyman's Hand-book of Law"

Charles M. Scanlan

1909

Project Gutenburg

421. Statutes, Land.—There are sufficient statutory provisions on cemeteries to make a large book, and the frequent changes made in such laws render a full statement of the law impossible. The statutes against locating cemeteries near cities, dwellings, etc., should be carefully examined before buying land therefor.