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I have been watching recent events and would like to offer the following
suggestion: Can we pen a petition that explains our feelings on the
preservation/destruction of cemeteries? Let's put our heads together
and put something down on paper and distribute it via all the various
mail-lists. The more people who print and circulate the petition the
better. We have to take action to demonstrate that there is public
outrage over recent events. We have to let our representatives know
that this IS an issue.
Any volunteers or suggestions?
Scott Satterthwaite.
I think it would be appropriate for members of this group who are outraged
by the fact that Indiana law permits property owners to do this sort of
thing to write letters to the Editors of the:
The Indianapolis Star: stareditor(a)starnews.com
The Indianapolis News: newseditor(a)starnews.com
Star/News Online: jsmall(a)starnews.com
Let them know how you feel about this situation. If they print some of our
letters, maybe, just maybe, we could get the attention of the Legislature.
Frankly, a drastic overhaul of the laws governing the protection of our
pioneer heritage is our only hope. By the time Indiana's bicentennial rolls
around in a few years, there won't be much left to save!
Lois
The "Death of a Cemetery" story that Jack Eaton referenced in his 8/23/98
message to the INROOTS list this morning (below) is available on-line at:
http://www.starnews.com/news/citystate/98/aug/0822SN_rhoads.html
Whether you live in Indiana or not, you need to take a minute to read this
article -- today! The same thing is happening all over the country -- even
the world. It seems nobody cares! It's "legal" and they get away with it
all the time.
Write to a State Representative or State Senator today. Don't let them
believe that, just because it's "legal" that it's morally or ethically "right".
Lois
>Date: Sun, 23 Aug 1998 10:05:36 EDT
>Reply-To: J4777EA(a)AOL.COM
>Sender: "Genealogy research mail exchange list for Indiana genealogy."
> <INROOTS-L(a)LISTSERV.INDIANA.EDU>
>From: "Jack L. Eaton" <J4777EA(a)AOL.COM>
>Subject: Cemetery: RHOADS, FOLTZ, SHUTE, RUDE surnames
>To: INROOTS-L(a)LISTSERV.INDIANA.EDU
>
>In today's (Aug. 25, 1998) issue of the Indianapolis Star, there is a long
>article about a cemetery that has been bought by a land developer for
>construction of a warehouse. Mentioned in the article are the following
>surnames: RHOADS, FOLTZ, SHUTE and RUDE. There were 35 children and 8 adults
>buried in the cemetery. The first person buried there was James Rhoads who
>died in August 1844. His wife, whose name was believed to be Hannah died on
>July 24, 1849 at age 85. The article details information about the burials
>there and the process that the developer used to get permission to remove the
>graves, do away with the tomb stones and begin construction. It's pretty
>shocking.
>
>Jack, Indianapolis
>J4777EA(a)aol.com
Can a Indiana property owner get away with PAVING over a cemetery
and turning it into a parking lot? See:
http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Clark County, Indiana Cemeteries Page:
http://www.geocities.com/Heartland/Plains/5881
Next CCCPC Meeting: Saturday, 9-5-98, Charlestown Library, 2 PM
-----------------------------------------------------------------------
Hi Lois, I don't know if this helps the matters much but I sent your message on to
a cousin and here was what he had to say..........
She might have better luck with federal law. I remember years ago when
they were starting to construct interstate highway I-25 in Albuquerque
the contractor inadvertantly dug up some real old graves. There was a
big legal hassle over it, and construction was halted completely until
the matter was resolved. They ended up relocating many of the graves
that were in the path of the interstate. That is why today there is a
cememtary on both sides of I-25 as one comes into Albuquerque from the
south.
Other federal cases have to do with indian burial sites. I know that
AMREP, a multi-billion dollar developer, was halted in its tracks from
building north of Rio Rancho, NM, when two or three old indian graves
were discovered on the site even though the graves were not within the
indian reservation.
The advantage of pursuing the matter under federal law, if possible, is
that it is usually removed from the adversarial influence of local
politics. She might want to check with the Environmental Protection
Agency.
Lois Mauk wrote:
> Okay, people. I need your help and I need it BAD! This mess is gonna be
> the death of me if I don't find some little gemstone.
>
> I have spent DAYS pouring over the Indiana Code. I've talked to lawyers and
> I've talked to the State Archaeologist's office. I've talked to the press
> and they are outraged, but are afraid to print the story because they don't
> want to get sued for libel.
>
> Nowhere can I find any statute that spells out a property owner's duty or
> obligation, in even vague terms, to care for a pioneer cemetery on
> his/her/its property. Am I missing something?
>
> I've found regulations on everything else under the sun, but not this.
> Heck, I found regulations on what they can do to you if "noxious weeds" are
> growing in your yard, but the law seems absolutely SILENT on the subject of
> intentional cemetery abuse.
>
> Of course, I know about IC 23-14-68 (Care of Cemeteries by Townships) and
> the mess the Legislators created when they specifically excluded any
> cemetery on which taxes have been paid. I know about IC 23-14-67 (Care of
> Cemeteries by Counties) which allegedly extends some sort of "protection" to
> these sites via County Cemetery Commissions which the County Commissioners
> MAY (not "shall") establish -- but which the County Councils are under NO
> obligation to fund. I know about the "vandalism" clause and artifact
> hunting prohibition in IC 14-21 (Division of Historic Preservation and
> Archeology). But nowhere does there seem to be even a HINT of prohibition
> against bulldozing, grading and blacktopping a cemetery, UNLESS you turn up
> human remains, and then you are supposed to stop and call the DNR.
>
> But, if you own the property and if you pay taxes on the site, you can do as
> you darn well please -- the "rights" of the dead be damned. Turn it into a
> parking lot. Stick a couple of pay phones in the middle of it. Plop a
> power utility pole. Run security lights on that pole. Run cable TV lines
> on it.
>
> Do I fully understand this situation or have I overlooked some huge chunk of
> law that says your great-grandparents' grave should not be disturbed and
> that SOMEBODY for God's sake has the right/duty/obligation to protect and
> maintain it? These are not even "old" graves. Some of these people were
> buried here in 1935!
>
> Ask the average person on the streets, "Can pave over the cemetery on my
> property?" They're gonna say, "Hell, no, you can't. A cemetery is sacred
> ground. There are all kinds of state and federal laws protecting
> cemeteries. You'll go to jail if you do that." Boy, hooey, would that
> person be in for a surprise!
>
> I am so MAD right now, I could just spit! We've got a perfect poster child
> against cemetery abuse sitting right here and I'll bet you've got one in
> your county as well. And John and Mary Q. Public think there's no problem
> and that the sanctity of cemeteries is protected by law. Ha!!! I think not!
>
> Across the road from that cemetery is another "owned by the City of
> Clarksville" where THIRTY YEARS AGO, teenage vandals dug up at least two
> bodies. 30 years later, the GRAVES ARE STILL OPEN!!! Big old 4-foot-deep
> holes in the graves, full of TRASH!!!
>
> A 1/4-mile away from there, you'll find a pile of about 20 stones in a heap,
> under an old trees, in the middle of a meticulously maintained, manicured lawn!
>
> Another 1/2 mile away, there's a house sitting on top of an old pioneer
> cemetery that vanished in 1952 when the house was built!
>
> I've had two laypersons in the last two days tell me that ALL cemeteries in
> the country are protected by federal law. I sure as heck can't find it!
> And Indiana state law is a JOKE!
>
> Forgive me for venting. I just HAD to get this off my chest. This mess may
> give me a heart attack before the week's out! Help!!!!!!!!!!!
>
> Lois
>
> Can a Indiana property owner get away with PAVING over a cemetery
> and turning it into a parking lot? See:
> http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> Clark County, Indiana Cemeteries Page:
> http://www.geocities.com/Heartland/Plains/5881
> Next CCCPC Meeting: Saturday, 9-5-98, Charlestown Library, 2 PM
> -----------------------------------------------------------------------
>
> ==== INPCRP Mailing List ====
> Cemetery: (n) A marble orchard not to be taken for granite.
Lois, I understand your frustration.
Next worry--when word gets out that we can't find any legality to stop them,
how many more cemeteries are going to be plowed under?
I just noticed that a farmer in our township has again turned the cows into
the family cemetery on his farm. For a while, he was caring for it a little
bit.
I know you were not seeking empathy, but that is all I have to offer at the
moment. I'll keep trying, though.,
Ruth Cox Schlemmer
SE Indiana
-----Original Message-----
From: Lois Mauk <LawOfficeInformationSystem(a)worldnet.att.net>
To: INPCRP-L(a)rootsweb.com <INPCRP-L(a)rootsweb.com>
Date: Thursday, August 20, 1998 9:48 PM
Subject: Indiana Cemetery Law
>Okay, people. I need your help and I need it BAD! This mess is gonna be
>the death of me if I don't find some little gemstone.
>
>I have spent DAYS pouring over the Indiana Code. I've talked to lawyers
and
>I've talked to the State Archaeologist's office. I've talked to the press
>and they are outraged, but are afraid to print the story because they don't
>want to get sued for libel.
>
>Nowhere can I find any statute that spells out a property owner's duty or
>obligation, in even vague terms, to care for a pioneer cemetery on
>his/her/its property. Am I missing something?
>
>I've found regulations on everything else under the sun, but not this.
>Heck, I found regulations on what they can do to you if "noxious weeds" are
>growing in your yard, but the law seems absolutely SILENT on the subject of
>intentional cemetery abuse.
>
>Of course, I know about IC 23-14-68 (Care of Cemeteries by Townships) and
>the mess the Legislators created when they specifically excluded any
>cemetery on which taxes have been paid. I know about IC 23-14-67 (Care of
>Cemeteries by Counties) which allegedly extends some sort of "protection"
to
>these sites via County Cemetery Commissions which the County Commissioners
>MAY (not "shall") establish -- but which the County Councils are under NO
>obligation to fund. I know about the "vandalism" clause and artifact
>hunting prohibition in IC 14-21 (Division of Historic Preservation and
>Archeology). But nowhere does there seem to be even a HINT of prohibition
>against bulldozing, grading and blacktopping a cemetery, UNLESS you turn up
>human remains, and then you are supposed to stop and call the DNR.
>
>But, if you own the property and if you pay taxes on the site, you can do
as
>you darn well please -- the "rights" of the dead be damned. Turn it into a
>parking lot. Stick a couple of pay phones in the middle of it. Plop a
>power utility pole. Run security lights on that pole. Run cable TV lines
>on it.
>
>Do I fully understand this situation or have I overlooked some huge chunk
of
>law that says your great-grandparents' grave should not be disturbed and
>that SOMEBODY for God's sake has the right/duty/obligation to protect and
>maintain it? These are not even "old" graves. Some of these people were
>buried here in 1935!
>
>Ask the average person on the streets, "Can pave over the cemetery on my
>property?" They're gonna say, "Hell, no, you can't. A cemetery is sacred
>ground. There are all kinds of state and federal laws protecting
>cemeteries. You'll go to jail if you do that." Boy, hooey, would that
>person be in for a surprise!
>
>I am so MAD right now, I could just spit! We've got a perfect poster child
>against cemetery abuse sitting right here and I'll bet you've got one in
>your county as well. And John and Mary Q. Public think there's no problem
>and that the sanctity of cemeteries is protected by law. Ha!!! I think
not!
>
>Across the road from that cemetery is another "owned by the City of
>Clarksville" where THIRTY YEARS AGO, teenage vandals dug up at least two
>bodies. 30 years later, the GRAVES ARE STILL OPEN!!! Big old 4-foot-deep
>holes in the graves, full of TRASH!!!
>
>A 1/4-mile away from there, you'll find a pile of about 20 stones in a
heap,
>under an old trees, in the middle of a meticulously maintained, manicured
lawn!
>
>Another 1/2 mile away, there's a house sitting on top of an old pioneer
>cemetery that vanished in 1952 when the house was built!
>
>I've had two laypersons in the last two days tell me that ALL cemeteries in
>the country are protected by federal law. I sure as heck can't find it!
>And Indiana state law is a JOKE!
>
>Forgive me for venting. I just HAD to get this off my chest. This mess
may
>give me a heart attack before the week's out! Help!!!!!!!!!!!
>
>Lois
>
>Can a Indiana property owner get away with PAVING over a cemetery
>and turning it into a parking lot? See:
> http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
>- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>Clark County, Indiana Cemeteries Page:
> http://www.geocities.com/Heartland/Plains/5881
>Next CCCPC Meeting: Saturday, 9-5-98, Charlestown Library, 2 PM
>-----------------------------------------------------------------------
>
>
>==== INPCRP Mailing List ====
>Cemetery: (n) A marble orchard not to be taken for granite.
>
Okay, people. I need your help and I need it BAD! This mess is gonna be
the death of me if I don't find some little gemstone.
I have spent DAYS pouring over the Indiana Code. I've talked to lawyers and
I've talked to the State Archaeologist's office. I've talked to the press
and they are outraged, but are afraid to print the story because they don't
want to get sued for libel.
Nowhere can I find any statute that spells out a property owner's duty or
obligation, in even vague terms, to care for a pioneer cemetery on
his/her/its property. Am I missing something?
I've found regulations on everything else under the sun, but not this.
Heck, I found regulations on what they can do to you if "noxious weeds" are
growing in your yard, but the law seems absolutely SILENT on the subject of
intentional cemetery abuse.
Of course, I know about IC 23-14-68 (Care of Cemeteries by Townships) and
the mess the Legislators created when they specifically excluded any
cemetery on which taxes have been paid. I know about IC 23-14-67 (Care of
Cemeteries by Counties) which allegedly extends some sort of "protection" to
these sites via County Cemetery Commissions which the County Commissioners
MAY (not "shall") establish -- but which the County Councils are under NO
obligation to fund. I know about the "vandalism" clause and artifact
hunting prohibition in IC 14-21 (Division of Historic Preservation and
Archeology). But nowhere does there seem to be even a HINT of prohibition
against bulldozing, grading and blacktopping a cemetery, UNLESS you turn up
human remains, and then you are supposed to stop and call the DNR.
But, if you own the property and if you pay taxes on the site, you can do as
you darn well please -- the "rights" of the dead be damned. Turn it into a
parking lot. Stick a couple of pay phones in the middle of it. Plop a
power utility pole. Run security lights on that pole. Run cable TV lines
on it.
Do I fully understand this situation or have I overlooked some huge chunk of
law that says your great-grandparents' grave should not be disturbed and
that SOMEBODY for God's sake has the right/duty/obligation to protect and
maintain it? These are not even "old" graves. Some of these people were
buried here in 1935!
Ask the average person on the streets, "Can pave over the cemetery on my
property?" They're gonna say, "Hell, no, you can't. A cemetery is sacred
ground. There are all kinds of state and federal laws protecting
cemeteries. You'll go to jail if you do that." Boy, hooey, would that
person be in for a surprise!
I am so MAD right now, I could just spit! We've got a perfect poster child
against cemetery abuse sitting right here and I'll bet you've got one in
your county as well. And John and Mary Q. Public think there's no problem
and that the sanctity of cemeteries is protected by law. Ha!!! I think not!
Across the road from that cemetery is another "owned by the City of
Clarksville" where THIRTY YEARS AGO, teenage vandals dug up at least two
bodies. 30 years later, the GRAVES ARE STILL OPEN!!! Big old 4-foot-deep
holes in the graves, full of TRASH!!!
A 1/4-mile away from there, you'll find a pile of about 20 stones in a heap,
under an old trees, in the middle of a meticulously maintained, manicured lawn!
Another 1/2 mile away, there's a house sitting on top of an old pioneer
cemetery that vanished in 1952 when the house was built!
I've had two laypersons in the last two days tell me that ALL cemeteries in
the country are protected by federal law. I sure as heck can't find it!
And Indiana state law is a JOKE!
Forgive me for venting. I just HAD to get this off my chest. This mess may
give me a heart attack before the week's out! Help!!!!!!!!!!!
Lois
Can a Indiana property owner get away with PAVING over a cemetery
and turning it into a parking lot? See:
http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Clark County, Indiana Cemeteries Page:
http://www.geocities.com/Heartland/Plains/5881
Next CCCPC Meeting: Saturday, 9-5-98, Charlestown Library, 2 PM
-----------------------------------------------------------------------
Does anyone know of a law that requires a landowner to provide access to
a cemtery on or adjacent to his property. (INDIANA).
I do not have this problem but the question has come up.
Ron Baldwin in Bloomington
Thought you might be interested in an update on the blacktopped Hale-McBride
Cemetery here in Clark Co., IN.
For more details about this particular cemetery, see:
http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
The survey commissioned by the Township Trustee was completed on Friday,
August 14. The survey team ran into a whole bunch of problems in conducting
the survey, including finding three prior surveys, on each of which the
cemetery got smaller. It has now been confirmed that at least TWO-THIRDS of
the cemetery is under the blacktopped parking lot of the strip shopping
center. This reinforces the two first-hand accounts we obtained that the
cemetery was a lot bigger about 30 years ago, with up to 80-100 graves
several decades ago. Only 9 stones (mostly broken) remain today.
One of the corners of the cemetery (according to the most recent survey) is
in the middle of the adjacent drainage ditch and another corner is about 15
feet from the front door of a local pizzeria, inches from a line of parking
spaces. Many other parking spaces are located directly on cemetery property.
We have learned that the EPA has sunk a "soil monitoring device" through the
blacktop in the middle of the cemetery, presumably to monitor leakage from
the nearby gasoline tanks.
Several descendants of Isaac Hale, Sr. have banded together and will be
meeting with a local attorney this week to determine what their rights are
in this matter and what legal recourse is available to them.
One of these descendants, Donnie Loweth of Jeffersonville (so, no e-mail
yet), will be talking tomorrow with the Township Trustee, the Township
Attorney and the surveyor to determine what the Township's position is on
this situation.
Because the current and former property owner have allegedly been paying
property taxes on this tract of land for many years and because it was only
"reserved" in an 1882 Partition Order and never "deeded out", it is possible
that the descendants will have NO recourse in this situation and that the
heinous actions of the former property owner in blacktopping this cemetery
will be found to be "legal" under Indiana law.
Further, the Township Trustee apparently has no authority or responsibility
with regard to this cemetery inasmuch as taxes are being paid on the
property. Pursuant to Indiana Code IC 23-14-68-1, Township Trustees have no
statutory responsibility for maintaining cemeteries "located on land on
which property taxes are assessed and paid under IC 6-1.1-4."
For the full text of the new statute requiring Trustees to
care for cemeteries in their Townships, see:
http://www.ai.org/legislative/ic/code/title23/ar14/ch68.html
We don't yet have a copy of the survey report or drawing, but Donnie
Loweth's rendering of the present cemetery, the boundaries of the actual
cemetery, the location of the utility pole, lines and the two telephone
booths located in the middle of the cemetery is available for viewing at:
http://www.geocities.com/Heartland/Plains/5881/halemcbride-map.html
Thanks to all of you who have previously written notes of encouragement as
we wade full force into this confrontation with the "powers that be".
Lois Mauk
Jeffersonville, Indiana
Can a Indiana property owner get away with PAVING over a cemetery
and turning it into a parking lot? See:
http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Clark County, Indiana Cemeteries Page:
http://www.geocities.com/Heartland/Plains/5881
Next CCCPC Meeting: Saturday, 9-5-98, Charlestown Library, 2 PM
-----------------------------------------------------------------------
In case anyone has been looking for Charles...
His house (appliances, computers...) took a direct hit from lightning a
few days ago and has left him incommunicato. He has a new modem and
should be back on line soon.
Scott Satterthwaite
Indiana Pioneer Cemeteries Restoration Project State Coordinator
http://www.citznet.com/~ssattert/inpcrp/
Hello Members / Cuzins & fellow researchers:
I'm new to the list and am looking for our HISTORIAN. Is there a little
"write Up" on The COUNTY? When it was formed, how the name was
chosen, who was involved, when actual BUSINESS started being
conducted . . . .that sort of thing . . .Thank you so much for your attention
to my post and genealogy in general
Until, Countess
If you are close enough to attend- it was a good program last year. I am
going again this year.
Ron in Bloomington.
The 1998 Cemetery Preservation Workshop
Friday, 14 August 1998
Eastern Kentucky University Conference Center
Perkins Building, Kit Carson Dr.
Eastern Kentucky University Campus
Richmond, Kentucky
Sponsored by
The Historical Confederation of Kentucky
The Kentucky Historical Society
And The Madison County Historical Society
Featuring guest speaker Lynette Strangstad one of the nation's foremost
authorities in cemetery preservation and author of _A Graveyard
Preservation Primer_
Schedule
9:00-9:15 a.m.: Registration
Morning Sessions, 9:15-noon
Welcome
Kathryn Cosby, President, Madison County Historical Society
An Overview of Cemetery Preservation
Lynette Strangstad, Stone Faces & Sacred Places, Wisconsin
Historic Landscaping in Cemeteries
Bill Scott, Architectural Historian, Lexington
12 Noon: Lunch
Afternoon Sessions, 1:00-4:30 p.m.
Boone County's Cemetery Zoning Ordinance
Susan Cabot, Historic Preservation Planner for Boone County
Developing a Cemetery Friends Group
Karla Nicholson, Kentucky Historical Society
In Richmond Cemetery:
Stone Cleaning Demonstration, Bill Scott
Tour of the Richmond Cemetery
Jerry Dimitrov, Madison County Historical Society
Overnight accommodations: Rooms are available at the Holiday Inn located
at Exit 87 of I-75, phone 606-623-9220; ask for the AAA rate of $55.20
+ tax.
About the Presentations
Susan Cabot will speak about Boone County's cemetery preservation zoning
ordinance (one of the few such county-wide ordinances in the country),
how that ordinance was passed, and how it has fared in the face of
ongoing development pressures in the state's fast-growing north region.
Jerry Dimitrov will guide us to some of the interesting tombstones and
historical people buried in Richmond Cemetery.
Karla Nicholson will discuss the legal aspects of establishing a friends
group for cemeteries to raise funds and support for preservation
projects.
Bill Scott will discuss the types of plants and landscaping techniques
that have been used historically in cemeteries and around gravesites.
Lynette Strangstad will speak about the ways in which graveyards and
grave markers have evolved; she will also discuss basic techniques of
stone preservation including a review of practices to do and not to do.
Registration Information
Registration fee: $12.00 for members or staff of HCK, KHS, or MCHS,
$15.00 for nonmembers. The fee includes lunch and all workshop
materials. Registration deadline: 4 p.m., Thursday, 13 August.
To register: Send this (see below) form and the registration fee (make
checks payable to HCK) to:
By mail: HCK, PO Box 1792, Frankfort, KY 40602-1792
By phone: 502-564-0472
By fax: 502-564-0475
By e-mail: Karla.Nicholson(a)mail.state.ky.us
Please contact us if you need assistance or further information.
---------------
REGISTRATION FORM
Name
Organization
Address
City, State, Zip
Phone number
Email address
---------------
Lois,
I see what you are talking about. But I also see why it doesn't apply.
Take a look at section 27 of the code you sent, It says sections 25, 26,
28, 29 don't apply to a cemetery subject to 23-14 (Cemetery act). 23-14
Covers all cemeteries that are NOT controlled by the DNR. To be
controlled by the DNR, a cemetery must be
1) On one of the Historic Registers, or 2) Associated with a place on
the historic register, or 3) or significant historical importance. The
problem with 21 is reading between the lines. It infers a lot that it
doesn't say explicitly. It also references 23-14 which in turn
references other articles. To understand the meanings and implications,
you have to follow all the threads.
I have no reason to worry about our activites. I am very confident of
sufficent legal ammunition to fight any possible charges that might
arrise. With the coverage I have had here locally, If there was
anything to worry about I would have known by now. The local newspaper
printed a large full color photo of a stone we "unearthed" complete with
the story of how it was found.
Scott Satterthwaite
Lois,
I can't recall the passage at the moment, but one of the sections in the
law does, under certain circumstances, exempt some activites. I'll try
to find it when I have more time. The passage I'm talking about says,
to paraphrase, "if an object, artifact... is visible (exposed in whole
or in part above the surface) then removing that item for replacement,
repair, examination shall not be considered a crime." I'll see if I can
find it. Talking to the State archeologist won't do a damned bit of
good either. As far as I can tell, he is a complete moron. He doesn't
know or understand the laws and has no concern for the cemeteries he is
charged with "supervising".
Scott Satterthwaite
Indiana Pioneer Cemeteries Restoration Project State Coordinator
http://www.citznet.com/~ssattert/inpcrp/
Just a quick update on the status of our "Blacktopped Cemetery" here in
Clark County.
The first phase of the survey was conducted on Tuesday, 8/4/98 under the
auspicies of the Jeffersonville Township Trustee. We don't have the results
yet, but one of the surveyors commented to Donny Loweth on Tuesday that they
had found three prior surveys of the cemetery, each of which was
successively smaller than its predecessor survey.
The surveyors are relying on the original 1882 partition order in
establishing the metes and bounds of the "family grave yard" set out in that
order.
We should have the results later in the week.
Thank you.
Lois Mauk
Can a Indiana property owner get away with PAVING over a cemetery
and turning it into a parking lot? See:
http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
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Clark County, Indiana Cemeteries Page:
http://www.geocities.com/Heartland/Plains/5881
Next CCCPC Meeting: Saturday, 9-5-98, Charlestown Library, 2 PM
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Dear INPCRP Members:
I've been reviewing some of the INPCRP e-mail over the past several months
and ran across Natalie's account of her encounter with the Pike County Coal
Company. I know there was a good deal of discussion here on this list back
in February with regard to this situation, but don't recall any final
outcome being discussed or any recent updates.
Natalie, briefly, what's happened since February? Were the graves all
moved? Do you know which funeral home/monument company did the moving?
Anything new to report? How many cemeteries has the coal company swallowed
up in recent years, altogether? What others (and where) are they moving toward?
Lois
My adventure with Pike Co. Coal Co. called Triad Mine started on 16 Jan when
my husband and I went to court in Petersburg. On 25 Dec 1997, there was a
notice in the paper that a petition had been filed for the disinterment and
reinterment of graves in Wallen Family Cemetery. This was also called
Robling Family Cemetery as well. This was located in Logan Twp. near the
Patoka River bottoms in the SE quarter of the SE quarter of Section 26, Twp.
1 South, Range 9 West an approximate one-fourth acre square. The paper
listed 10 graves on this petition. (comment-there were really 13 graves with
stones). Vern Partenheimer was the lawyer for the coal company. His office
is 219 N. Hart St., P. O. Box 13, Princeton, IN 47670-phone 812-386-0050.
(comment..only 3 of the
6 children buried there with stones were listed in the paper. I took
tracings of each stone and the names came through clear with the exception
of one. One of the children's stone had a name on top as well as on the
side. They were twins-Claude & Maude. No last name was given but because
they were all in a row with Lewis & Eliza Jane Roblings
stone, one can assume they were Roblings. I then went to the Bible record
of this family and it stated Lewis & Eliza had 5 children that died as
infants and one that died at age 16-so there were your six stones.)
Lewis was a Civil War Veteran with the company served upon his stone. I also
own his war papers. According to the census, Lewis and Eliza had three
other children that died young so are probably buried there as well.
William Walling/Wallin owned this land in 1880, had 4 wives (one of them a
Robling), & he died by 12 Oct 1888 as testified by his will & probate. He
surely was buried there as well as his 2 of his wives. No stones remain.
After doing the census of this area from 1850-1910, there was the
possiblitity of 22 Roblings being buried there. That was the closest
cemetery to where they lived outside of Barnes Cemetery in the same section
but west of Wallen. Understand this one is next on Triad's list. More on
that later.
I sent certified letters to Triad and Judge Marvin Stratton before the court
hearing. Little did that help!! The judge is sympathetic to the coal
industry since three-fourths of the people in Pike make a living off of the
mines & of course, his job is made possible by voters. A friend of mine in
Petersburg took 15 petitions around town and when collected, there were 264
signatures. By the time we decided to do this, there was
only 2 weeks till court time. We could of doubled that number if we had
done it sooner. I saw the judge show the list to the lawyer before walking
into the courtroom, but it didn't seem to make an impression. I did not
know I would have to speak on our behalf or I would of been better prepared.
At the last minute when our spokeperson had not shown up, I was told by our
group to say something. Never having been in court, was I green. Not
having a lawyer & not being able to have one, I only knew to refute what had
been said by the opposite side. Thank goodness I had pictures of the
cemetery taken by my friend which showed it better than what the landowner
described it. The landowner was asked by the coal co.'s lawyer, which was
his lawyer T00, how many graves were
in the cemetery beside the ones with stones. He said, "Well, maybe two
more." (comment--when we were there, we counted 10 sunk in places just
around the Robling stone. Didn't count those over by the big tree so there
were more, I'm sure). Don't particulary want the coal company to know I was
on the premises before the court hearing. There was a no trespassing sign &
those doing so would be prosecuted. Thank goodness they did not ask me when
I had been there as they did all the others.
QUESTION; When the coal com. removes bodies, do they also take up the ones
without stones?? Or do they omit them, dig them as coal & someday we might
be burning their ashes? There was also the civil war soldier's great grand
son in court and he testified that he did not want the graves moved. The
judge tried to trick him by saying where did he want his relatives moved
to-Atkinson Chapel or Knights Chapel. We had been told by a former trustee
that if we had a relative present, it would help our case. No so!! So it
was already decided in his mind by then. However, the judge stated at the
end that because this was a big decision, he would like to have time to
think about it. He thought about it for a week, giving us some hope, but on
Friday my friend in Petersburg called his office, talked to the Judge
himself, & was told he would make his decision on Monday, the 26th.
However, we learned Mon. that he had informed the lawyer for the coal co. on
Fri., the 23rd that they had won. We were informed the lawyer had to
know before us.
I got busy on the 26th and the next 2 days keep the phone hot but no
answers. Called Mango's office, he was out for a week so I asked the girl
that answered what were the steps necessary in order to be present at a
cemetery reinterment? She said she had never heard of any.
I called the Division of Historical Preseveration and Archives in Indy and
asked then the same. They too did not know but suggested I contact the coal
co. and the land owner for permission to go on the land at the reinterment.
I called the coal co. office in Edwarsport & was referred to a shop area
where someone could answer the question plus 3 more.
1)Where will the Roblings be buried?
2)What will happen to Lewis Robling's big tombstone?
3) When will the reinterment take place?
I talked to a John Booth who assurred me an answer. He called back soon &
said the Lawyer was out of town this week, & the land owner would give me a
call after talking to
the lawyer. Have you caught it yet?? The old run around. I called the land
owner, James Gladish, and got an answer machine. I called the lawyer's
office 1/26 & was told he was out of the office. I left word for him to
call and answer question #1 & #2. Thought I would hit him with #3 when I
talked with him. That never happened. He never called back. On 1/30 the
lawyer send Gladish the memo that I had left with his office & marked the
spot Returned Call on the memo. He never called. From that we learned they
would be moved to Atkinson Chapel & the head stone would be moved with them.
Two other times I called the lawyer's office & he was out of town both
times. Bet he was sitting in
the next office! I called Gladish again and got him and he answered #1 as
stated above. When asked if we could have permission to go on his land to
see the reburial, he said it was not necessary because it would be done
right. I asked permission for the gr.gr son since that was his relatives
buried there & gave Gladish his phone number. As of Feb 13, the gr. gr son
had not heard from anyone.
Is it possible that they could only remove the stones to a new setting &
leave the bodies in the ground? Gladish stated they didn't need any one else
there because of the safety factor.
I have it on good authority that the coal company & there are several in
Pike Co. will be taking 15 cemeteries. So far, they have taken Battles,
McGillum, and now Wallen. Barnes will be next as they have moved to the
west border of Pike Co. in Logan Twp. and now are moving east towards Wallen
Cem. Barnes is on a high hill so they are going to squeeze it out. There
are 2 Civil War soldiers buried there. Have papers on one
and information on the second. There are two relatives of my husband's
buried there..a great aunt and a great uncle. The latter one does not have a
stone. I wrote to his grandchildren, five in number, and told them about
this. They want to put up a stone if they can find where he is buried. The
coal company has blocked off the road to the cemetery, so don't know how
they would get it there.
Talking about blocking the road, the coal company did just that with Wallen
Cem. The gr.gr son wanted to go see if the stone had been moved yet so took
a drive down there. He said the road was blocked from going up the hill so
he decided to go down the highway and come through the Patoka bottoms. When
he got to the top of that hill before coming to the Cemetery, it also was
blocked.
My interest in this is we own 158 acres in the next township of Madison
which is above Logan. This happens to be the homeplace of Dale's great
grandfather who was a first cousin to Lewis Robling buried in Wallen Cem.
Just hope and pray they don't mine in our area there-only time will tell.
So there, you have my disgusting adventure with the coal company, etc, which
disturbed my sleep for two weeks plus an ernourmous phone bill to boot!!
Natalie
Can a Indiana property owner get away with PAVING over a cemetery
and turning it into a parking lot? See:
http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Clark County, Indiana Cemeteries Page:
http://www.geocities.com/Heartland/Plains/5881
Next CCCPC Meeting: Saturday, 8-1-98, Sellersburg Library, 2 PM
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I will be totally honest....Most if not all with the exception of my power
volunteers Ruth and Merle Schlemmer, who you heard from earlier, have come to a
stand still. I am working more on the inside with things like getting a
complete cemetery listing on our website. Projects will gear up again in the
fall. My biggest problem is time. I have recently started a new job and with
my old job, I am now working 60-70 hours a week. So needless to say much of my
internet work and excess projects have been put on a back burner for the
moment. I have not given up, I have just had to focus on more personal
things...
Randy Klemme
Franklin County
Lois Mauk wrote:
> In a couple of minutes, it will be August 1. Time for our August Roll Call.
>
> I'd like to see each and every one of you respond to this Roll Call by
> posting a message (even a brief one) concerning:
>
> (1) The status of your current cemetery restoration projects
>
> AND/OR
>
> (2) Your worse cemetery horror story. I'm especially interested in any
> stories you have regarding developers' greed and callousness, cemeteries
> turned into parking lots, legislative loopholes, amazing disappearing
> cemeteries, cemeteries under houses and office buildings, headstones used to
> pave driveways and patios, and so on.
>
> Surely you have something to report to the group relating to one of these
> situations or perhaps both. Looking forward to hearing from each of you.
>
> Regards,
>
> Lois Mauk
> INPCRP Assistant State Coordinator
>
> Can a Indiana property owner get away with PAVING over a cemetery
> and turning it into a parking lot? See:
> http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> Clark County, Indiana Cemeteries Page:
> http://www.geocities.com/Heartland/Plains/5881
> Next CCCPC Meeting: Saturday, 8-1-98, Sellersburg Library, 2 PM
> -----------------------------------------------------------------------
>
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