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Several milestones were met today (1/23/99):
(1) We now have ONE HUNDRED members of the INPCRP e-mail discussion group.
(2) We have received a total of SIX HUNDRED AND FOUR petition signatures
urging the Indiana General Assembly to act decisively to protect our
endangered pioneer cemeteries. I am advised that more are on the way and
that's super!
(3) We now have ONE HUNDRED AND FOUR examples of cemetery neglect, abuse and
endangerment in our INPCRP "Hall of Shame". If you haven't visited it or
haven't visited in the last week or so, I urge you to do so. There are
still a number of counties for which we do not have examples of cemetery
that have been neglected, abused and abandoned. If you know of any that are
not on the list, please let us know.
I am SOOOOO proud of all of you who have participated in this effort. Thank
you, thank you, thank you!
If you are still holding on to petitions, I urge you to send them in right
away. As of this writing, to our knowledge, none of the seven "cemetery
preservation" bills presently pending before the 1999 General Assembly are
presently scheduled for Committee hearings. Once we are granted permission
to appear before the respective Committees, we will high-tail it to
Indianapolis and it's important that we have as many petition signatures in
our hands as possible when we make that appearance. I don't expect we'll
get more than one shot.
Again, thank you to all of you who have participated by signing petitions or
giving us information about shameful examples of cemetery abandonment,
neglect and abuse in the State of Indiana.
Further information is available on the INPCRP website at:
http://www.rootsweb.com/~inpcrp
Lois Mauk
INPCRP State Coordinator
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
On Thursday, 1/21/99, I sent an e-mail to a professor at the archeology lab
at the University of Indianapolis. The following is a letter that I sent on
Friday, 1/22/99, by fax to the State Archaeologist. Needless to say, I have
not yet received a response or even an acknowledgment from either of them.
Lois
---------------------------------------------------------------------
Dr. James R. Jones III
State Archaeologist
Indiana Department of Natural Resources
Division of Historic Preservation and Archaeology
Room W274
402 West Washington Street
Indianapolis, Indiana 46204
RE: Indiana Public Records Act Inquiry
Dear Doctor Jones:
I am the State Coordinator of the Indiana Pioneer Cemeteries Restoration
Project. Though I have called your office several times in the past year to
talk to you and have talked to Mr. Mohow on more than one occasion, you and
I have never spoken.
I am writing to you today in hopes of improving my chances of receiving a
response to this inquiry.
To whom and in what manner must we submit a request under the Indiana
Public Records Act, the Freedom of Information Act or any other applicable
statute to obtain the answers to several important questions set out below?
Background Information:
In the case of Rhoads Cemetery near Indianapolis, two years ago, the bodies
of 35 children and 8 adults were removed from their burial places to make
way for a warehouse being constructed by Duke Realty.
In the case of Wilhoit Cemetery in Dubois County, the remains of up to 69
individuals were exhumed last summer to make way for the construction of a
new home.
In the case of Tucker Cemetery in Shelbyville, the remains of numerous
individuals were exhumed a few weeks ago after their brick-lined burial
vaults were discovered during the construction of a wastewater lagoon.
In each of these instances (and presumably many, many more), the remains
were excavated and delivered to the Archeology & Forensics Laboratory at the
University of Indianapolis, where they still remain, for the purposes of
archeological research.
Inquiry Presented:
I have sent an e-mail to Stephen P. Nawrocki, Ph.D., Director of Osteology
at the University of Indianapolis concerning the questions below but, having
just read his department's Human Remains Policy, I expect he will simply
tell me that their Disclosure Policy prohibits the release of the requested
information.
The questions I have asked Dr. Nawrocki and which I hope you can authorize
him to answer are calculated to be non-specific enough hopefully to permit
the release of the requested information. Those questions are:
(1) The names and counties of all the cemeteries from which human remains
have been exhumed or excavated and deposited or delivered to the Archeology
& Forensics Laboratory at the University of Indianapolis;
(2) The number of persons' remains presently in the custody of the U of I
laboratory; and
(3) The projected timetable for the reinterment of said remains and the
name of the persons or entities who or which will be responsible for the
cost of said reinterment.
We are not asking the University or the DNR to release the names of the
individuals exhumed or any of the University's findings. We only want to
know how many and which cemeteries have, in essence, been relocated to the
University's laboratory, how many individuals have been so removed from
their graves, when those remains are projected to be reintered and at whose
expense.
We would also like to ask you as State Archeologist what other facilities
the Department of Natural Resources has utilized in recent years to store
human remains after exhumation in circumstances similar to the three
mentioned above. Will you authorize those facilities to release the same
information to us?
If the requested documents have both confidential and public data, I
understand the law requires your agency to segregate confidential material
prior to disclosure. This should not prohibit disclosure of the public
portion of the information I am seeking.
If you choose to deny this request, please cite what you believe is an
applicable exemption under the records act.
As I am making a written request, please note the timely deadlines set by
state law. I would appreciate any response to my request be made in writing.
Also, should there be a fee for providing this data, please inform me prior
to filling this request.
Sincerely,
Lois M. Mauk
CC: Ms. Anne Mullin O'Connor
Public Access Counselor
W472
Indiana Government Center South
402 West Washington Street
Indianapolis, IN 46204
Telephone: (317) 233-9435
(800) 228-6013
Fax: (317) 233-1713
Rep. Markt L. Lytle
District 69
Indiana House of Representatives
200 W. Washington Street
Indianapolis, IN 46204-2786
(Chair of the House Committee on Agriculture,
Natural Resources and Rural Development)
Telephone: (800) 382-9842
Fax: (317) 232-9795
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
Janine:
Why don't you drop in the mail today the signatures you already have? The
deadline will depend on the date that we are permitted to testify before the
General Assembly regarding the 7 or more bills tendered so far (most of
which IGNORE the problem re cemeteries on private property, some of which
have some excellent ideas embedded in them). As soon as we get word about a
hearing date, I'll post a notice to the INPCRP group and we'll take off
(probably on very short notice) for Indianapolis.
As of last night (1/22/99), we have received 592 signatures. Wouldn't it be
COOL if we could collect even more? I have already forwarded copies of
about 500 of them to various legislators and Committee Chairs.
I'd much rather have "some" of your signatures in my hand when the word
comes down than to have none of them. (If any of you are holding on to
signed petitions, please forward them ASAP so I'll have as many as possible
when we hear from the General Assembly.)
In the meantime, keep working on people. We MUST get folks thinking and
talking about this crisis if we are going to accomplish a paradigm shift.
I'll bet you run in to dozens of people who were CONVINCED that you could
not legal obliterate a cemetery on private property and that NOBODY is
required to maintain them. Am I right?
Lois
At 10:50 AM 1/23/1999 PST, you wrote:
>Has there been a deadline put on the petition
>signing yet? As of now I have about 50 signatures,
>including Shelbyville's honorable Mayor, but I
>am working for more.
>Thank you Lois for changing those links on the
>coordinator's page, I would like to go to work
>for Shelby County. I'll need all the help and
>advice I can get!!
>BTW, I am trying to contact Charles Wilson (the
>reporter who wrote the articles on Tucker Cem.).
>I am also getting with the Historical\Genealogical
>Society, they have a couple of members who
>specialize in cemetery records.
>
>Janine Winslow Huesman
>p.s. I have mailed a letter to the landowner for
>my Israel Cemetery requesting written permission,
>she is in Florida. Keep your fingers crossed!!!!
>
>
>==== INPCRP Mailing List ====
>This Can't be my family tree, I'm a peach and its full of nuts!
>
>
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
At 04:33 AM 1/23/1999 -0500, you wrote:
> >Lois, another thought, How do they plan to deal with what is at the IU
> >med. center? or are those bodies lost forever? Diana in Rushville
> >
> >
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> Have you signed an Indiana Pioneer Cemetery Restoration Project
> PETITION TO THE INDIANA LEGISLATURE calling for revision of current
> state laws regarding protection and maintenance of pioneer cemeteries?
> See http://www.rootsweb.com/~inpcrp
> - - - - - - - - - - - - - - - - - -
>
Noraleen Young <nyoung(a)tcon.net> has posted the following to the INROOTS
group on the IU server (formerly "Maiser"):
Date sent: Fri, 22 Jan 99
Subject: Dept. of Ind. Heritage Bill Introduced
Sen. Merritt has introduced SB 615 to create the Department of Indiana
Heritage. The bill sets up a commissioner, advisory commission and four
divisions:
- division of state museums and historic sites
- division of history, historic preservation, and archeology (Ind Historical
Bureau, and Historic Preservation and Archeology)
- Indiana State Library division
- Division on public Records
You can see the full text of SB 615 by going to the link below and entering
615 in the search form. (If you print it out it will be 35 pages.) A very
brief fiscal impact statement is also available.
http://www.state.in.us/legislative/bills.html
Noraleen A. Young C.A.
Public Historian
nyoung(a)tcon.net
http://mem.tcon.net/users/5010/5955/noraleen.htm
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
Has there been a deadline put on the petition
signing yet? As of now I have about 50 signatures,
including Shelbyville's honorable Mayor, but I
am working for more.
Thank you Lois for changing those links on the
coordinator's page, I would like to go to work
for Shelby County. I'll need all the help and
advice I can get!!
BTW, I am trying to contact Charles Wilson (the
reporter who wrote the articles on Tucker Cem.).
I am also getting with the Historical\Genealogical
Society, they have a couple of members who
specialize in cemetery records.
Janine Winslow Huesman
p.s. I have mailed a letter to the landowner for
my Israel Cemetery requesting written permission,
she is in Florida. Keep your fingers crossed!!!!
Today was apparently the deadline for the introduction of new bills.
On Thursday, January 21, 1999, Rep. Brent E. Steele [House District 65: Brown, Jackson, Lawrence, Monroe, Washington Counties] has introduced another cemetery preservation bill -- HB 1588. Rep. Steele's e-mail address is R65(a)ai.org.
HB 1588 was referred to the Committee on Agriculture, Natural Resources and Rural Development on 01-21-99. The synopsis of HB 1588 published on the General Assembly's website is:
Requires the person effecting disinterment, removal, and reinterment of a grave to give 60 days written notice to the decedent's next of kin and publish the notice in a newspaper of general circulation. Requires the person effecting the removal of a grave to file a certificate of removal facts with the county recorder in the county from which the grave is removed and the county in which reinterment is made. Requires that the certificate of removal facts list
information contained on the gravestone or other markers, such as the birth date, death date, and family name. Requires that all expenses associated with the disinterment, removal, acquisition of the new burial site, and reinterment be paid by the person effecting the disinterment, removal, acquisition, and reinterment. Requires the person effecting the disinterment, removal, and reinterment to ensure that the site for reinterment is suitable and reasonably accessible to relatives of the decedent. Requires that disinterment, removal, and reinterment be performed under the supervision and direction of the county executive or the county executive's designee. Requires that due care be taken to furnish suitable coffins or boxes for reinterring human remains and to remove, protect, and replace all gravestones or other markers.
More detailed information on the bill is available at:
http://www.state.in.us/cgi-bin/legislative/bills/completeBillInfo.perl?bi...
This newest piece of legislation is available on the INPCRP Pending Legislation website at http://www.rootsweb.com/~inpcrp.
Your thoughts?
Lois
____________________________________________________________________
Get free e-mail and a permanent address at http://www.netaddress.com/?N=1
Lois,
I am trying to access all the info on county coordinator's, but on the county coordinator's info page
the blue highlighted links are not working. The message is file not found on this server. Any
suggestions?
jandjhuesman(a)theinnet.net
Janine Winslow Huesman
In the case of Rhodes Cemetery near Indianapolis, two years ago, the bodies
of 35 children and 8 adults were removed from their burial places to make
way for a warehouse being constructed by Duke Realty.
In the case of Wilhoit Cemetery in Dubois County, the remains of up to 69
individuals were exhumed last summer to make way for the construction of a
new home.
In the case of Tucker Cemetery in Shelbyville, the remains of numerous
individuals were exhumed a few weeks ago after their brick-lined burial
vaults were discovered during the construction of a wastewater lagoon.
In each of these instances (and likely many, many more), the remains were
excavated and delivered to a laboratory at the University of Indianapolis,
WHERE THEY STILL REMAIN, ostensibly for the purposes of "archeological
research".
Under current state law, it appears that the University of Indianapolis has
been designated as the "official" repository for many of our ancestors and
predecessors' remains.
The name of Stephen P. Nawrocki, Ph.D., has come up in connection with two
or more of the above situations. He is the Director of Osteology (PhD
SUNY-Binghamton 1992, DABFA 1996; Associate Professor of Biology): skeletal
biology, forensics, skeletal age estimation, biostatistics, taphonomy,
osteoarcheology, historic cemeteries.
Tonight I wrote to Dr. Nawrocke <his e-mail address is
nawrocki(a)GANDLF.UINDY.EDU> asking him to disclose to me, under the Freedom
of Information Act or other legislation:
(1) The names of all the cemeteries from which the U of I laboratory is
presently in custody of human remains from said cemeteries;
(2) The number of persons' remains presently in the custody of the U of I
laboratory; and
(3) The projected timetable for the reinterment of said remains and the name
of the persons or entities responsible for the cost of said reinterment.
HOWEVER, I have just read the "HUMAN REMAINS POLICY for the University of
Indianapolis Archeology & Forensics Laboratory", which can be found at:
http://www.uindy.edu/~archlab/policy.html
The first paragraph of their Disclosure Policy states:
"(1) For reasons of confidentiality, propriety, due
process, site protection, and security, we generally
do not discuss human remains cases with the public,
the press, or with agencies not directly involved in
an investigation. We will not reveal the locations
of any archeological sites or recovery scenes nor
the names of other individuals involved. Exceptions
may be made in situations where public or professional
education is deemed appropriate and beneficial, but
will occur only when permission for disclosure has
been obtained from the individual(s) or agencies for
whom the consulting services are being provided."
Paragraph 7 of the Human Remains Policy is pretty interesting:
"(7) Our laboratory curates human skeletal remains on
both a temporary and permanent basis, and we use these
remains in teaching and research. We will accept human
remains from archeologists, museums, and private
individuals for permanent curation."
Paragraph 8 states:
"(8) We believe that all human remains and associated
artifacts represent the collective heritage of humanity
as a whole and that their study provides important
scientific information concerning the human condition
-- past, present, and future. Regardless of their age
or ancestry, human remains excavated by plan or by
accident should be fully analyzed, and we argue against
their wholesale and indiscriminant repatriation or
destruction prior to study."
Paragraph 24 is really interesting:
"(24) Sufficient time should be allocated for the
scientific study of archeological human remains and
grave goods before reburial. Periods measured in days
and weeks are unreasonably short. Months or years are
more appropriate in most cases."
The COOPERATION & DISPUTE RESOLUTION is notable, but is written so that it
only applies to "Native peoples":
"(27) We recognize that some groups believe that the
study and curation of human remains is inappropriate.
We respect the desires of Native peoples to determine
the destiny of the remains of their ancestors and for
this reason we are willing to discuss different paths
to the resolution of cases we are involved with. To
this end, we will:
* work in good faith with other agencies and organizations
to come to a mutually-amenable compromise
* adhere to the regulations and recommendations included
in the federal Native American Graves Protection and
Repatriation Act (NAGPRA) of 1990 and other applicable
state and local laws
*strongly weigh the recommendations of the Indiana State
Archeologist where NAGPRA guidelines are unclear or not
applicable.
Finally, the Policy's discussion of "ASSESSMENT OF SCIENTIFIC VALUE" is also
notable:
"Our assessment of the scientific value of an assemblage
of human skeletal remains is a general estimate of the
quantity and quality of scientific data that would be
lost upon reburial. The four broad categories that follow
are cumulative in nature, although not all points in a
particular category may apply equally in a given case. It
is the overall constellation of traits that is most important.
<<snip>>
"(4) EXTREMELY HIGH VALUE
"applies primarily to large collections of well-preserved
skeletons but may also include:
* remains from archeological / temporal contexts that are
unstudied or under-represented, OR
* skeletons that are positively identified and thus have
securely known biological parameters
*extensive loss of unique scientific data if repatriated."
I read this to imply that the 35 children and 8 adults exhumed from Rhodes
Cemetery two years ago would probably qualify as "extremely high value" as
they were noted to be extremely "well-preserved" and most have been
"positively identified".
Frankly, I don't think we have a snowball's chance in hell of getting the
University to respond with any sort of meaningful disclosure. I'll keep you
posted.
Lois
BTW, I received 30 more signatures tonight. We're up to 588.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
Ellyn Kern <ekern(a)venus.net> sent me the following message and gave me permission to post it to the INPCRP group. Frankly, I agree with everything she has to say.
Lois
MESSAGE FROM ELLYN:
>I have been reading the cemetery laws proposed in the legislature. It is my feeling that they all are just rearranging the status quo and essentially remain rhetoric. It is true that that are a few funding possibilities. The license plates method is probably a drop in the bucket as there are so many new plates coming out.
>
>Lytle's bill re: criminal mischief reads to me as if it merely tightens things up a bit. Technically cemeteries are already covered.
>
>Duncan's bill would consolidate on the county level and does give some funding methods. My observation in Switzerland County is that any cemeteries that are recorded are being taken care of by associations and are not funded or maintained by the county/township. The townships and county have given token attention to isolated others. This bill does nothing for the "private property" cemeteries.
>
>None of the bills deal with the neglectful elimination of the old burying grounds. Your description in the latest posts was excellent in defining the remaining problem.
>
>Ellyn Kern
____________________________________________________________________
Get free e-mail and a permanent address at http://www.netaddress.com/?N=1
The following is an exchange (almost verbatim) between me and Nelson Kruger
<cyberclone(a)earthlink.net>. Nelson is a member of the INPCRP group, so post
your replies either here to the list or to him directly.
Lois
-----------------------------------------------------------------
FIRST MESSAGE FROM NELSON KRUGER:
>Date: Wed, 20 Jan 1999 12:51:42 -0800
>From: Nelson Kruger <cyberclone(a)earthlink.net>
>To: Lois Mauk <loismauk(a)usa.net>
>
>I just got off of the phone with Jean Ann, a paralegal for the Jim
>Huffer Law Office in Delphi. They are handling my Uncle Ira's Estate.
>I mentioned that as the newly elected Carroll County Prosecutor that
>there was a lot of activity on the Net about the Star-News Editorial. I
>forwarded to her the INPCRP posts about the Crockett Cemetery. Jean Ann
>informed me that their office represents the Appletons, owners of that
>property. I asked if that was a conflict of interest being Prosecutor
>and representing the owners of the land? She did not think so because
>there are no lawsuits at this time. I told her that I had heard that
>when the Appletons bought the property the guy they bought it from said
>that he did not own the cemetery but would deed it to them anyway. She
>told me that is not their story. She also said that they have owned the
>property for a long time. I said that I thought that a cemetery could
>NEVER be owned by a private party.
>This thought has just occurred to
>me, if headstones have mysteriously disappeared over the years and the
>Appletons have stated that there has been vandalism. Should not someone
>send them a written notice about the state laws or are there any right
>now about disappearing headstones.
>Unless someone takes a picture soon,
>like this week, I fear that the rest of the stones that I photographed
>in 1996
[NOTE FROM LOIS: See a couple of the pictures on the Crockett
Cemetery page linked to the Hall of Shame at
http://www.rootsweb.com/~inpcrp]
>will ALL DISAPPEAR and the Appletons will say it must be
>vandalism by some teen-agers. I feel that some local person or agency
>should notify the Appletons in writing and tell them they should keep an
>eye on THEIR property otherwise there will be NO CEMETERY!! Can they be
>held responsible?? Any suggestions from you two ladies? A California
>outsider like me would have only negative effects I fear. Has anything
>positive come out of the Star News letter? I called the 8 phone numbers
>for Charles Moore in L.A. and none of them were him so he must have an
>unlisted number in Los Angeles or lives in a suburb. So ladies, what
>can I/WE do to preserve the rest of what is left of the Crockett
>Cemetery?? THANKS!!!! Later!!
-----------------------------------------------------------------
LOIS' REPLY TO NELSON:
>Nelson:
>
>I have a big shock for you -- YES, YOU CAN OWN A CEMETERY -- AT LEAST IN
INDIANA. AND IF YOU OWN IT AND PAY TAXES ON IT, YOU CAN DO PRETTY MUCH AS
YOU DAMN WELL PLEASE!!!
>
>Which explains how the property owner here in Clark County got away with
LEGALLY BLACKTOPPING A CEMETERY!
>
>As you can see, I get quite upset about this!
>
>Why should we send the Appletons the state laws? Then they'll KNOW they
can do whatever they want with the site -- bulldoze it, blacktop it, run
pigs in it, whatever.
>
>Bill Shaw at the Indianapolis Star has the e-mail from Charles W. Moore of
Los Angeles that was in Sunday's editorial page. Unfortunately, he left it
in a friend's car and that friend is out of town for a few days. I hope to
hear from Bill soon about this.
>
>Nelson, I suggest you write a letter to the Editor of Indianapolis Star as
well. Since your letter and Mr. Moore's are so similar, I think you'd be a
good one to respond to him.
>
>The idiocy of this whole statute situation is exactly why we are running
around collecting Petition signatures to deliver to the Representatives and
Legislators. They claim they had no idea this was happening. Well, it's
happening alright and there's nothing in the law to stop it.
>
>Lois
-----------------------------------------------------------------
SECOND MESSAGE FROM NELSON KRUGER:
>Date: Wed, 20 Jan 1999 19:33:28 -0800
>From: Nelson Kruger <cyberclone(a)earthlink.net>
>To: Lois Mauk <LawOfficeInformationSystem(a)worldnet.att.net>
>
>Lois, after getting your reply I went to your Web Site and was shocked
>to see the state laws of Indiana. I've already sent some items to the
>Logansport newspaper. I will send out some E-Mail tonight to the
>Star-News and the state representatives. Can you post my e-mail to you
>to the INPCRP group? Anything I wrote would be a rehash of it anyway!
>You have my permission to edit it if you want. The laws MUST be changed
>or we all lose a piece of Indiana and U.S. History. Thank you. Later!!
The following is the message I just sent to Markt Lytle, the sponsor of the
latest bill tendered address our present crisis.
BTW, I have tonight added 14 new nominees to our INPCRP Hall of Shame and I
added 3 or 4 last night. The URL is http://www.rootsweb.com/~inpcrp
Good night.
Lois
>To: Rep. Markt Lytle <R69(a)ai.org>
>From: Lois Mauk <LawOfficeInformationSystem(a)worldnet.att.net>
>Subject: HB 1522 ("Cemetery preservation")
>
Dear Rep. Lytle:
I'm writing concerning HB 1522 which you have authored and which is pending
before the House Committee on Agriculture, Natural Resources and Rural
Development.
My greatest concern about this bill is the same as with many of the other
related bills before your Committee.
IT DOES NOT ADDRESS ONE OF THE GREATEST THREATS TO PIONEER CEMETERIES --
agricultural and surface mining activities, which are expressly PERMITTED
under IC 14-21-1, Subsection 24.
Neglect, abuse and vandalism are all pressing problems as well but this
exemption is also critically detrimental, but these exempted activities are
by far much more damaging. Through these exempted activities, whole
cemeteries VANISH!
HB 1522 provides the same exemption:
"Sec. 2.1. (a) This section does not apply to a
person who acts in a proper and acceptable manner
as authorized by IC 14-21 or IC 23-14."
I cannot conceive how plowing, strip mining, bulldozing or turning a pioneer
cemetery into a feed lot can be construed as acting in a "proper and
acceptable manner".
Would you want your grandmother or great-grandmother's grave turned into a
pig sty?
Once the site has been sufficiently plowed, grazed, etc. and all visible
evidence of a cemetery has been obliterated, it then becomes "ripe for
development", the "impediment" of a cemetery being present having been
extinguished.
When the real estate developer brings in the heavy equipment to start
construction of the latest and greatest wastewater lagoon, parking lot,
subdivision, shopping center, apartment complex or warehouse, it is with
great SURPRISE that the developer discovers that -- lo and behold -- human
remains are discovered beneath the surface.
At this juncture, the contractor is honor-bound to stop the project, DNR has
to be called in, the coroner has to be brought in, archeologists have to be
engaged to excavate the site and then the human remains are hauled off to a
University laboratory for x-number of years for "archeological research".
In the meantime, any possibility of ever identifying the individuals buried
at the site has been totally lost, the stones and markers having long since
been destroyed.
I hope you never have this scenario happen to YOUR ancestors. It's pretty
disturbing and very depressing that our State holds no more regard for what
USED to be "sacred and hallowed" final resting places!
This happened 2 years ago at Rhodes Cemetery in Indianapolis. It happened
last summer at Wilhoit Cemetery in Dubois County. It happened just a few
weeks ago in Shelbyville, IN. I'm sure there are MANY other instances of
which I am not aware at the moment.
And it's going to happen with more and more regularity as more and more
former farmland becomes "ripe for development".
While we are cognizant of the enormous power of the farming industry and its
lobbyists in this state, we hope you'll bear these concerns in mind as you
and your Committee debate the future for Indiana's pioneer family cemeteries.
Lois Mauk
931 Colonial Park Drive
Jeffersonville, IN 47130
Home: (812) 282-6492
Office: (502) 583-2005, Ext. 211
E-mail: LoisMauk(a)usa.net
or LawOfficeInformationSystem(a)worldnet.att.net
State Coordinator, Indiana Pioneer Cemeteries Restoration Project
President, Clark County Cemetery Preservation Committee
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
--------- Begin forwarded message ----------
From: "John W. Hamblen" <jwhamblen(a)juno.com>
To: Daphne.Benson(a)aexp.com, lcooper(a)jellico.com,
hcrawford1@juno.com,afullhart(a)ldr.coolsky.com, Mythots(a)pacbell.net,
warchief4(a)juno.com
Subject: Fw: Fw: Virus Warning
Date: Wed, 20 Jan 1999 10:59:41 -0800
Message-ID: <19990120.111310.-274811.1.jwhamblen(a)juno.com>
--------- Forwarded message ----------
From: tomstogdill(a)ssi.parlorcity.com (Tom Stogdill)
To: jwhamblen(a)juno.com
Date: Tue, 19 Jan 1999 10:34:51 -0500 (EST)
Subject: Fw: Virus Warning
Message-ID: <199901191534.KAA13773(a)ssi.parlorcity.com>
>From: "Steve Stogdill" <pantry(a)cbd.net>
>To: "Weisman, Mark" <duckmark(a)juno.com>,
> "Tom Stogdill" <tomstogdill(a)ssi.parlorcity.com>,
> "Timothy Bath" <tbath(a)skyenet.net>,
> "Steve Schlager" <sschlager(a)worldnet.att.net>,
> "Stephana Cunningham" <CunninghamS(a)nibco.com>,
> <slavin(a)linknet.kitsap.lib.wa.us>,
> "Robert SchwartzHOME" <drbob(a)nettally.com>,
> "Randy Truex" <rtt(a)juno.com>, "Mike" <domer40(a)aol.com>,
> "Mary B. Good" <Good(a)dearborn.com>, "Mark Beeson`"
<RMBeeson(a)aol.com>,
> <LJKeese(a)aol.com>, "Leanne Pletcher" <lpletcher(a)hcri.org>,
> "Kent & Brenda" <skagmosis(a)aol.com>,
> "John Pillow" <jspillow(a)michianatoday.com>,
<jkbaugh(a)mindspring.com>,
> "JJnew" <stogdill(a)netscape.net>,
> "Jim & Lauralee Baugh" <jbaugh2(a)indy.tds.net>,
> "Jennifer Sautter" <jsautter(a)ctscorporation.com>,
> "Greg Dugger" <gdugger(a)in.net>, <Gosandygo(a)aol.com>,
> <gmercer(a)genencor.com>, "Fig" <tenewton(a)paa.purdue.edu>,
> "Eric & Chris McDonald" <emmcdonald(a)hotmail.com>,
> "Diane Krill" <KrillD(a)nibco.com>, "Deb Wenzel"
<debw(a)michiana.net>,
> "Dean & Sherri" <GQuincy1(a)aol.com>, "DBW"
<dbw294(a)email.msn.com>,
> "DAW" <w3tony(a)aol.com>, "Connie Yohn" <cyohn(a)all-phase.com>,
> "Charlie & Judy Brothers" <j-cbrothers(a)juno.com>,
> "CATHY" <ckrieder(a)yahoo.com>,
> "Carl,Diane Wittendorf" <wittsnews(a)juno.com>,
> "Brook Lawrence" <lawr3749(a)saintmarys.edu>,
> "Brian" <stogdill(a)adamswells.com>, "bob krieder"
<kriederr(a)bright.net>,
> "Bob Books" <bcbooks(a)michiana.org>, "BETH" <jwright(a)bright.net>,
> "Alaric" <ablair(a)cbd.net>,
> "Adrienne J Brooks" <adrienne_brooks(a)tayloru.edu>,
> "Aders" <aders(a)sgi.com>
>Subject: Fw: Virus Warning
>Date: Mon, 18 Jan 1999 21:14:50 -0500
>X-MSMail-Priority: Normal
>X-UIDL: c117b43e3d76141b6f8b6533dbbdae1e
>
>
>
>----------
>> From: DickDugger <103471.2040(a)compuserve.com>
>> To: Steve <pantry(a)cbd.net>
>> Subject: Virus Warning
>> Date: Sunday, January 17, 1999 10:48 PM
>>
>> Steve: Here is the message from the Fry's in Zimbabwe. They have
>> recently gone there to serve in the mission field
>
>> Dick
>>
>> > VIRUS WARNING !!!!!!!
>> > >>> >>
>> > >>> >>If you receive an email titled "It Takes Guts to Say 'Jesus'"
DO
>> > >NOT
>> > >>> >>open it. It will erase everything on your hard drive.
Forward
>> > >this
>> > >>> >>letter out to as many people as you can. This is a new, very
>> > >>> malicious
>> > >>> >>virus and not many people know about it. This information was
>> > >>> announced
>> > >>> >>yesterday morning from IBM; please share it with everyone that
>> > >might
>> > >>> >>access the internet. Once again, pass this along to EVERYONE
in
>> > >your
>> > >>> >>address book so that this may be stopped.
>> > >>>
>> > >>> Also, do not open or even look
>> > >>> >>at any mail that says "RETURNED OR UNABLE TO DELIVER." This
virus
>> > >>> will
>> > >>> >>attach itself to your computer components and render them
>useless.
>> > >>> >>Immediately delete any mail items that say this.
>> > >>>
>> > >>> AOL has said that this is a very dangerous virus and that there
is
>NO
>> > >>> remedy for it at this
>> > >>> >>time. Please practice cautionary measures and forward this to
all
>> > >>> your
>> > >>> >>online friends ASAP.
>> > >>> >>
>> > >>> >>
>> > >>
>
>
--------- End forwarded message ----------
Thought you'd want to hear that I've added five or six cemeteries to the
INPCRP Hall of Shame (see URL below). Also, we now have 558 petition
signatures in hand.
I've added some photos (thanks to Nelson Kruger) to the Crockett Cemetery
page (see Carroll County). This is the one mentioned in the Letter to the
Editor published in Sunday's Indianapolis Star.
On the legislative front, Rep. Markt Lytle (Chairman of the Committee on
Agriculture, Natural Resources and Rural Development; Former Jefferson
County Coroner; former mayor, Madison; former Jefferson County Recorder)
<R69(a)ai.org> has introduced HOUSE BILL No. 1522 ("Cemetery preservation").
The official synopsis posted on the General Assembly website indicates the bill:
Prohibits a person from recklessly, knowingly,
or intentionally damaging personal property contained
in a structure or located at a cemetery or a facility
used for memorializing the dead.
The bill was introduced today (01/19/1999) and it was given its first
reading and referred to the Committee on Agriculture, Natural Resources and
Rural Development.
I noticed that the link to this bill at:
http://www.state.in.us/cgi-bin/legislative/bills/completeList.perl?type=IN
does not indicate the name of the bill. I'm sure they'll be updating this
soon. Go ahead and click on HB 1522, which will lead you to the full text
of the bill.
The bill will add a new SECTION 2. IC 35-43-1-2.1 TO THE INDIANA CODE AS A
NEW SECTION TO READ AS FOLLOWS:
Sec. 2.1.
(a) This section does not apply to a person who acts in a proper and
acceptable manner as authorized by IC 14-21 or IC 23-14.
(b) A person who recklessly, knowingly, or intentionally damages:
(1) a cemetery or a facility used for memorializing the dead; or
(2) the grounds:
(A) adjacent to; and
(B) owned or rented in common with;
a cemetery or facility used for memorializing the dead;
commits cemetery mischief, a Class A misdemeanor. However, the offense is a
Class D felony if the pecuniary loss is at least two hundred fifty dollars
($250) but less than two thousand five hundred dollars ($2,500), and a Class
C felony if the pecuniary loss is at least two thousand five hundred dollars
($2,500).
(c) If a person is convicted of an offense under this section that
involves the use of graffiti, the court may, in addition to any other
penalty, order that the person's operator's license be suspended or
invalidated by the bureau of motor vehicles for not more than one (1) year.
(d) This subsection does not apply if a person convicted of an offense
under this section is the owner of the property. The court may rescind an
order for suspension or invalidation under subsection (c) and allow the
person to receive a license or permit before the period of suspension or
invalidation ends if the court determines that:
(1) the person has removed or painted over the graffiti or has made
other suitable restitution; and
(2) the person who owns the property damaged or defaced by the
cemetery mischief is satisfied with the removal, painting, or other
restitution performed by the person.
(e) If the person convicted of an offense under this section is the
owner of the property, the court may rescind an order for suspension or
invalidation under subsection (c) and allow the person to receive a license
or permit before the period of suspension or invalidation ends if the court
determines that the person has:
(1) removed or painted over the graffiti; or
(2) made other suitable restitution.
There are quite a few more unnamed bills listed on the "Introduced Bills"
webpage, but I'm too tired to check each one of them. If any of you have
time, go to
http://www.state.in.us/cgi-bin/legislative/bills/completeList.perl?type=IN
and see if you can find any new bills that aren't already on our Pending
Legislation page on the INPCRP website. Let me know the bill numbers if you
find anything else.
I also checked the Committee Calendars at
http://www.state.in.us/legislative/calendars.html but didn't find anything
on any of the seven pending cemetery bills.
Good night.
Lois
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
I grew up in Carroll County and asked about the Crockett Cemetery on
this list back in March of 1998. I have photos that I took in 1996 and
will be sending them to Lois. I know that one is not supposed to send
attachments to mailing lists, only people in case not everyone is
interested. I will look up the info that I have on that cemetery. I
think that there are 14-16 people buried there. The most help for
anyone in that area is to go and talk to Phyllis Moore at the Carroll
County Historical Society Museum in the basement of the courthouse in
Delphi. Her E-Mail is cchs(a)dcwi.com. Tell her that Nelson from Los
Angeles (That guy with the laptop) sent you! Later!!
--
cyberclone.... Around the World in 60 seconds Surfing the Net and
Browsing the Web from his Haven in the Heavens in the City of Angels!
http://home.earthlink.net/~cyberclone
One of our INPCRP members just faxed me an article from the Friday, January 15, 1999 Jasper Herald about House Bill 1422.
Do any of you know if the Jasper Herald has a website that might have this article available so we can refer everyone to that URL?
Alternatively, does the Jasper Herald have an e-mail address by which we can ask them for permission to reprint the story?
BTW, the fax copy I received appears incomplete, so I don't have the whole story in front of me. I only got about the first 10 inches of each column.
Lois
____________________________________________________________________
Get free e-mail and a permanent address at http://www.netaddress.com/?N=1
Thought I'd let you know that I contacted the Indianapolis Star
Editorial Department this morning and asked for information on
contacting Charles W. Moore in Los Angeles, CA. They are going
to get back to me.
Our own Charles W. Moore advises that he's also going to try to
see if he can learn anything further about William Crockett's
burial place, presumably in Carroll County, IN.
For those of you who may have missed the earlier messages, Mr.
Moore's Letter to the Editor concerning this site was published
in Sunday's Indianapolis Star. He asked for advice on protecting
this site, which is being utilized by the neighboring property
owner as a children's playground.
More later.
Lois
____________________________________________________________________
Get free e-mail and a permanent address at http://www.netaddress.com/?N=1
My name is the same, but I don't think we are related. If we are , it
would be a very distant relation, sorry. I'll ask around about the
cemetery.
On Sun, 17 Jan 1999 21:19:20 +0000 Lois Mauk
<LawOfficeInformationSystem(a)worldnet.att.net> writes:
>A letter from "Charles W. Moore of Los Angles, California" wrote a
>Letter to
>the Editor of the Indianapolis Star newspaper, published on Sunday,
>January
>17, 1999. In that letter, Mr. Moore reports that the graveyard where
>William Crockett, the older brother of frontiersman Davy Crockett, is
>buried
>in Carroll County, Indiana is neglected and abandoned and being used
>as a
>playground by the children of the neighboring property owners.
>
>Mr. Moore says, "There is now a child's swing set within 20 feet of
>the
>headstones and the whole area is becoming a child's play yard."
>
>Mr. Moore feels that his pleas that the site be properly maintained
>will go
>unheeded because his Los Angeles address makes him an "outsider" and
>the
>locals "want us outsiders to mind our own business".
>
>Mr. Moore asked how he can save this historic cemetery "before it is
>lost
>for all time without ruffling too many feathers and putting a curse on
>my
>family name in that county of longtime resident farmers?"
>
>Any ideas on how to contact Mr. Moore to learn more about this
>situation?
>
>Charlie Moore, do you know anything about this individual? You have
>the
>same name and we'd love to get in touch with him.
>
>Lois
>- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>-
>Have you signed an Indiana Pioneer Cemetery Restoration Project
>PETITION TO THE INDIANA LEGISLATURE calling for revision of current
>state laws regarding protection and maintenance of pioneer cemeteries?
> See http://www.rootsweb.com/~inpcrp
>- - - - - - - - - - - - - - - - - -
>
>Next meeting of the Clark County Cemetery Preservation Committee:
> Saturday, Feb. 6, 1999 at 2 PM at Pleasant View Methodist Church
>on
> Highway 60/111, near entrance to Deam's Lake, south of Borden
> Website: http://www.geocities.com/Heartland/Plains/5881
>- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>-
>
>
>==== INPCRP Mailing List ====
>Remember to give us your project updates at monthly Roll-Call!
>
>
A letter from "Charles W. Moore of Los Angles, California" wrote a Letter to
the Editor of the Indianapolis Star newspaper, published on Sunday, January
17, 1999. In that letter, Mr. Moore reports that the graveyard where
William Crockett, the older brother of frontiersman Davy Crockett, is buried
in Carroll County, Indiana is neglected and abandoned and being used as a
playground by the children of the neighboring property owners.
Mr. Moore says, "There is now a child's swing set within 20 feet of the
headstones and the whole area is becoming a child's play yard."
Mr. Moore feels that his pleas that the site be properly maintained will go
unheeded because his Los Angeles address makes him an "outsider" and the
locals "want us outsiders to mind our own business".
Mr. Moore asked how he can save this historic cemetery "before it is lost
for all time without ruffling too many feathers and putting a curse on my
family name in that county of longtime resident farmers?"
Any ideas on how to contact Mr. Moore to learn more about this situation?
Charlie Moore, do you know anything about this individual? You have the
same name and we'd love to get in touch with him.
Lois
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Have you signed an Indiana Pioneer Cemetery Restoration Project
PETITION TO THE INDIANA LEGISLATURE calling for revision of current
state laws regarding protection and maintenance of pioneer cemeteries?
See http://www.rootsweb.com/~inpcrp
- - - - - - - - - - - - - - - - - -
Next meeting of the Clark County Cemetery Preservation Committee:
Saturday, Feb. 6, 1999 at 2 PM at Pleasant View Methodist Church on
Highway 60/111, near entrance to Deam's Lake, south of Borden
Website: http://www.geocities.com/Heartland/Plains/5881
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -