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Jeanie:
There are other (monetary) penalties associated with vandalism of a cemetery
under HB 1522. I just thought inclusion of the license suspension penalty
was interesting.
Lois
-----Original Message-----
From: J584164(a)aol.com <J584164(a)aol.com>
To: INPCRP-L(a)rootsweb.com <INPCRP-L(a)rootsweb.com>
Date: Thursday, February 18, 1999 6:48 AM
Subject: Re: [INPCRP-L] License Suspension for Cemetery Vandalism
>In a message dated 2/17/99 10:46:32 PM Central Standard Time,
>lawofficeinformationsystem(a)worldnet.att.net writes:
>
>> "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."
>This doesn't look like it does anything for kicking over headstones. It
only
>covers offenses that involve graffiti.
>Jeanie
Lois and group:
My name is Kyle D. Conrad, and I'm the circuit court clerk in Newton Co., IN.
I've been interested in this cemetery situation after finding the Messick
Cemetery in Henry Co., IN in terrible condition over ten years ago. Last
year, I began an effort to clean the cemetery up myself, and obtained the help
of the county sheriff's department and their work release inmates. We made
great progress, but have a long way to go. I'm also past president of the
Newton Co. Historical Society, and Secretary to my own local cemetery board.
I've also served on my township advisory board, which appropriates the money
for township trustees to spend on cemeteries.
I have the unique ability to look at this issue from many different angles.
The bottom line is that Lois has done a remarkable job in bringing everyone
together, educating ourselves and our state legislature to the current
situation, and following up on all that is happening. Due to my distance from
Indianapolis, I have been unable to assist at the legislature, but I have been
in contact with several state reps and state senators that I know through my
current elected position, and my unsuccessful bid for state representative
last year (I was hoping to author the legislation to protect cemeteries this
year!)
Lois asked me to comment on what could happen next. Well, being that there is
proposed legislation in both the House and Senate, it is very possible that
once legislation is passed from one chamber to the other, they will assign it
to a "conference committee", which will be composed of 2 or 3 senators and the
same number of representatives, and equal number of "R"'s and "D"'s. They
will hammer out the differences between the house and senate versions before
bringing them to a full vote once again. Once this final version is passed in
both chambers, it goes to the governor for his signature. If he doesn't sign
it within so many days (7 or 10 I think) it becomes law anyway. Only if he
vetoes the legislation does it go back to the general assembly for override.
As Lois mentioned, we are not out of the woods yet. Conference Committees are
known to meet 'secretly', meaning they don't let you know in enough time when
or where they are meeting. The mere fact that the Indiana Farm Bureau is not
opposing this legislation is a tremendous boost, as they have a tremendous
amount of pull in the legislature with regard to representatives from rural
districts around the state. I emphasize the importance in letting your reps
and senators know your feelings on this issue. Maybe even contacting your
township trustee and historical society and sicking them on their legislators
would help. Many trustees would love to do more, but after budgeting for poor
relief, fire departments (I'm a vol. fire fighter too, so I can't compromise
funding for that for a cemetery) and other requirements, there just isn't much
more they can do. As a board member of the Association of Indiana Counties, I
do know that we are just taking a 'sit back and watch' approach to this issue.
The only possible time that the AIC would get involved is if it looked like
the county would take over cemetery care, and then the funding would be the
only concern.
I'd be happy to answer any questions from anyone on the list. And thank you
again, Lois, for all you are doing.
Kyle D. Conrad, Clerk
Newton Circuit Court
PO Box 49
Kentland, IN 47951
In a message dated 2/17/99 10:46:32 PM Central Standard Time,
lawofficeinformationsystem(a)worldnet.att.net writes:
> "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."
This doesn't look like it does anything for kicking over headstones. It only
covers offenses that involve graffiti.
Jeanie
Something I failed to mention to you is a provision in Rep. Lytle's HB 1522
which states:
"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."
That's pretty innovative legislation. Once the bill is passed and enforced,
it won't take long for the word to get out among would-be teenage vandals
that they risk losing their licenses for painting graffiti in a cemetery.
Lois
Adam:
Congratulations on the story in the News-Sentinel. I've linked it to the
INPCRP websites.
I was very pleased to see someone as young as you involved in this subject.
It's very refreshing. I encourage you to keep at it! When you are
eventually successful in getting the site cleaned it, I know you'll find it
all very rewarding.
Lois
-----Original Message-----
From: Adam J Barrone <barraj01(a)holmes.ipfw.edu>
To: INPCRP-L(a)rootsweb.com <INPCRP-L(a)rootsweb.com>
Date: Wednesday, February 17, 1999 11:26 AM
Subject: [INPCRP-L] Brown Cem./ News Sentinel Article
>The text of the story is available today and early tomorrow at:
>http://www.news-sentinel.com/ns/news/metro/news2.htm
>
The text of the story is available today and early tomorrow at:
http://www.news-sentinel.com/ns/news/metro/news2.htm
They do not presently have the day's photos for the new stories up yet,
but I imagine they will do so before too long today. The 1st edition goes
to press at about noon, so it is a bit early yet.
The article is not entirely clear that the cemetery IS township property,
and it adjoins the road, but Brown ditch is between the road and the
cemetery.
Also, Henry & Mary Brown are my 3rd great grandparents, not my 4th great
grandparents as the article states.
My page on the cemtery is at:
http://www.student.ipfw.edu/~barraj01/BrownCem.htm
Have a good day!
=====================================================
Adam J. Barrone
Fort Wayne, IN
http://www.student.ipfw.edu/~barraj01/
=====================================================
Here's something for you to think about while we're waiting for the next
step in getting HB 1588 through the House and then the Senate:
As you know, Rep. Richard W. Mangus' HB 1226 passed the Committee last
night. This is the one that will create "the pioneer cemeteries maintenance
and restoration fund to be administered by the Indiana historical bureau.
Permits a county cemetery association to apply for a grant from the pioneer
cemeteries maintenance and restoration fund."
What ideas do you guys have for the artwork and text on such a plate. Think
for a minute about the university and special groups plates you've seen.
There's not much room for text. What kind of catchy two or three word
phrase can we suggest when the time comes?
Post your ideas to the group and I'll stick them on a webpage. If you've
got ideas for the artwork, send them to me personally (not to the group) as
an attachment. When the time comes to design the plate, we'll be ready to
offer our suggestions.
Lois
Rep. Markt Lytle's House Bill 1522 has been drastically amended. The
Committee's report arising out of the hearings on 2/8/99 and 2/15/99 has
been published on-line.
Before you can access this report and, more importantly, before you can make
heads or tails out of the changes, you must download from www.adobe.com the
FREE Adobe Acrobat Reader program. (This is the same program you had to
install in order to view the INPCRP Petition in PDF format. If you
installed it and didn't remove it, you don't have to do this again.)
Go to the INPCRP website at http://www.rootsweb.com/~inpcrp and click on
"Pending Legislation". Skip down to HB 1522 and click there, which will
take you to
http://www.state.in.us/cgi-bin/legislative/bills/completeBillInfo.perl?billn
um=1522
On that page, you'll need to click on two different items and print both of
them. The first is the PDF link for the "Latest Printing" of the Bill. Be
sure to click on the "PDF" inside parentheses ( ). This should activate
your Adobe Acrobat Reader program. Print that document.
Then go back to the HB 1522 page and skip down to "House Committee Reports"
and "Filed Committee Report(s):1 (PDF)" Again, click on the "PDF" inside
parentheses ( ). Print out the Committee Report via your Adobe Acrobat
Reader.
Then, pour yourself a fresh cup of coffee (or beverage of choice) and sit
down with both documents and a pen. The Committee Report gives line-by-line
the changes made to HB 1522.
The first and biggest change is the insertion of numerous paragraphs which
make up a new chapter to be added to the Indiana Code (IC 14-21-21-2). All
of this is new text.
Near the bottom of page 2 of the Committee Report are the line changes.
This is why you need the PDF version of the introduced bill. Without these
numbered lines, you'd never figure out where the changes are. I think
you'll find the changes here self-explanatory.
After you've had a chance to read the changes, post a message to the group
with your thoughts and comments.
Lois
Adam:
As soon as you find a URL for the News-Sentinel article on their website,
let us know so we can see it too. Also, I'd like to add it to the "In the
News" webpage on the INPCRP website.
Lois
-----Original Message-----
From: Adam J Barrone <barraj01(a)holmes.ipfw.edu>
To: INPCRP-L(a)rootsweb.com <INPCRP-L(a)rootsweb.com>
Date: Tuesday, February 16, 1999 6:58 PM
Subject: [INPCRP-L] Upcoming Cemetery Article
>The Fort Wayne News-Sentinel is planning to publish a story on "my"
>cemetery in the INPCRP hall of fame (Brown Cemetery, Monroe Twp., Allen
>Co., Indiana). The story will be by Bob Caylor, and the photographs by
>Ellie Bogue. Bob said the photographs are excellent. Ellie, Bob, and I
>went there this winter, after the leaves were down so we could see much
>more than the photos on my page show.
>
>The story should print tomorrow afternoon, Feb 16, 1999. You will be able
>to get it at:
>
> http://www.news-sentinel.com/ns/
>
>My web page about the cemetery is at:
>
> http://www.student.ipfw.edu/~barraj01/BrownCem.htm
>
>Have a good day!
>=====================================================
>Adam J. Barrone
>Fort Wayne, IN
>http://www.student.ipfw.edu/~barraj01/
>=====================================================
>
>
>==== INPCRP Mailing List ====
>Cemetery: (n) A marble orchard not to be taken for granite.
>
>
Lucy and Connie and my INPCRP Friends:
Though I don't take credit for anything other than "keeping up the scare",
let me say thank you. The war ain't won yet, but I think we've won the
first battle!
This is not the time to rest on our laurels though. We've STILL got to get
this first new law through the House, then through the Senate and signed
into law. I believe "right" is on our side and so are the Chairman and
members of the House Committee.
I'm still watching the General Assembly website for the revised language of
HB 1522. As soon as it is posted, I'll let you know so you can read it for
yourselves. Then will be the time to start contacting our respective
Representatives and Senators to urge them to support it.
HB 1522 is NOT going to solve the entire problem. It took years for this
situation to develop and it won't be solved in a single session.
I'm very excited and pleased with the action the House Committee has taken.
This is an enormous first step.
BTW, I had the best night's sleep last night that I've had in MONTHS!
Lois
>From: "Lucy Bellville" <taxmomma(a)kmbs.com>
>To: "Connie Brubaker" <cbrubaker(a)ldr.coolsky.com>, <INWELLS-L(a)rootsweb.com>
>Subject: Re: [INPCRP-L] Lois' Report of 2/15/99 House Hearings
>Date: Tue, 16 Feb 1999 21:08:28 -0500
>X-MSMail-Priority: Normal
>X-MimeOLE: Produced By Microsoft MimeOLE V4.72.2106.4
>X-UIDL: 55731eda17e5f3899fc7e4b764c45c7f
>
>Lois,
>
>I think you deserve a standing ovation, even though it is very
>difficult to type in that position. Seriously, you have performed a
>great service to all concerned. I want to thank you on behalf of my
>family. We must remain vigilant to preserve our heritage. I hope you
>have a good night's sleep. You deserve it.
>
>Connie,
>
>Thanks for passing the news along.
>
>Lucy Mossburg Bellville
>Toledo, OH
>
>-----Original Message-----
>From: Connie Brubaker <cbrubaker(a)ldr.coolsky.com>
>To: INWELLS-L(a)rootsweb.com <INWELLS-L(a)rootsweb.com>
>Date: Tuesday, February 16, 1999 12:11 AM
>Subject: [INPCRP-L] Lois' Report of 2/15/99 House Hearings
>
>
>>I am forwarding this to keep you informed of the events of today at
>the
>>House Hearings. I appoligize if you recieve it from another list.
>>Connie Brubaker
>>
>>>Resent-Date: Mon, 15 Feb 1999 20:43:21 -0800 (PST)
>>>From: "Lois Mauk" <lawofficeinformationsystem(a)worldnet.att.net>
>>
>>>
>>>This is a public apology from me to the House Committee on
>Agriculture,
>>>Natural Resources and Rural Development. I've forwarded a copy of
>this
>>>message to Committee Chairman Markt Lytle.
>>>
>>>I was WRONG and I'm deeply sorry for not having more faith in the
>men and
>>>women of the Committee. My "worst fears" were apparently unfounded
>and it
>>>looks like the House Committee on Agriculture, Natural Resources and
>Rural
>>>Development is going to stand up and do the right thing.
>Hallelujah!
>>>
>>>I apologize for my outburst over the weekend. After I talked with
>an
>>>attorney a few days ago who had reviewed the existing laws and
>pending
>>>legislation, I felt so disappointed, distressed and dismayed because
>it
>>>looked like my deepest concern was justified and that the
>Legislature was
>>>going to continue the practice of exempting anyone involved in any
>form of
>>>agriculture from any proposed regulation. Apparently our prayers,
>pleas and
>>>petitions were heard by the members of the Committee.
>>>
>>>The exclusionary language I was so concerned and worried about has
>been
>>>STRICKEN from the bill. That is, the language which excluded anyone
>>>involved in any form of agriculture from the requirements of the
>proposed
>>>language included in Rep. Markt Lytle's House Bill 1522. Rep. Lytle
>said
>>>tonight that the decision to strike this language was discussed at
>last
>>>Monday's hearing, but I don't recall hearing that. Doesn't mean it
>wasn't
>>>said; just means I didn't hear it.
>>>
>>>I'm now convinced that Rep. Lytle and the Committee are well-meaning
>and
>>>good-intentioned. I believe they sincerely want to straighten out
>this
>>>situation and put an end to cemetery abuse, neglect and destruction
>in
>>>Indiana. The problem is not going to be completely solved today or
>even
>>>this year, but we're on the verge of making serious headway.
>>>
>>>As for my report on the hearings on Monday, 2/15/99:
>>>
>>>I haven't had a chance to review my notes but here's what I recall
>off the
>>>top of my head from tonight's hearing. (Sorry. It's late, I'm
>tired and
>>>I'm too lazy to go down to my car to get my files.)
>>>
>>>A good number of lobbyists appeared, primarily the ones who didn't
>have an
>>>opportunity to speak last Monday because of the lateness of the
>hour.
>>>
>>>The homebuilders association spokesman asked for some assurance
>that, if a
>>>cemetery were discovered on a construction site it would not
>necessarily
>>>halt construction on the entire site but only in the immediate area
>of the
>>>burial place. I didn't hear any final resolution on this query so I
>can't
>>>say what they will or will not do on that topic.
>>>
>>>A spokesman for the Township Trustees spoke in objection to Rep.
>Cleo
>>>Duncan's bill to take the care of cemeteries out of the hands of the
>>>Township Trustees and put it into the hands of the County Cemetery
>>>Commissions. I'm sure there's more to it than meets the eye, but it
>looked
>>>to me like that bill may have "died in Committee". I think the
>bottom line
>>>was that Rep. Duncan's concern was that -- regardless of who does
>it -- the
>>>cemeteries must be properly cared for. Personally, I don't care WHO
>does
>>>it, as long as it gets DONE! I hope the Trustees now realize how
>deeply the
>>>public cares about this subject and if we can work WITH the Trustees
>on
>>>cemetery restoration projects, then more power to them.
>>>
>>>As I understand the process, all of the "good stuff" from all the
>other
>>>house bills will get rolled into Rep. Lytle's bill (HB 1522),
>including the
>>>language from HB 1588 (a mirror of SB 280) regarding the process and
>>>procedure for moving graves.
>>>
>>>The Committee adopted my suggestion that the party moving a grave or
>>>cemetery be required to tender photographs of the grave markers AND
>the site
>>>along with their report filed with the County Recorder. My concern
>is
>>>two-fold: (1) a lot of the markers I've seen (especially the
>sandstone
>>>ones) aren't going to survive a move and (2) I worry about the
>accuracy of
>>>the notetaker in interpreting stone markings. (How many of you have
>>>abstracted a stone and, when you went back a second time, couldn't
>believe
>>>how far off you were? Especially with those pesky 1s and 4s!)
>>>
>>>I forgot to suggest to the Committee the need for including a plat
>of the
>>>cemetery site with the report filed by the moving party with the
>County
>>>Recorder or to require that a copy of that report be given to the
>public
>>>library in the county seat. The latter would be a terrific boon to
>public
>>>access to these records as so many of us can't get to the courthouse
>because
>>>we're working when the courthouse is open. The library, on the
>other hand,
>>>is usually open most evenings and weekends.
>>>
>>>I'm sure the revised bill will be posted on the Internet in the next
>day or
>>>so. I'll let you know as soon as I find it on-line.
>>>
>>>The Committee is going to establish a Summer Study Program on this
>issue
>>>and, as I understand it, members of the Committee will travel around
>the
>>>state, soliciting comments and ideas from the public on the subject
>of
>>>cemetery preservation. I'll keep you posted on that as the plans
>>>materialize.
>>>
>>>The battle is not won yet. The amended bill adopted by the
>Committee must
>>>now get past the vote of the House of Representatives and then be
>referred
>>>to the Senate. There's a lot more to be done, but I feel VERY
>optimistic
>>>about the process -- much more so than I did a few days ago.
>>>
>>>Finally, the bill to create a cemetery preservation license plate
>was passed
>>>by the Committee. That has some exciting potential, though I doubt
>it will
>>>generate truly enormous sums of money. There are just so many such
>plates
>>>available that the potential market is somewhat diluted. I will,
>however,
>>>be among the first in line to buy one.
>>>
>>>Rep. Lytle did express his wish that anyone with constructive
>suggestions
>>>get in touch with him. He seems absolutely sincere in his desire to
>do
>>>something to correct this situation, though he does not wish to act
>in
>>>haste. I think the passage of HB 1522 will go a long way as a first
>measure
>>>to protect our pioneer cemeteries -- including the long-neglected
>ones on
>>>private property.
>>>
>>>Rep. Lytle's amendment of HB 1522 is going to include pioneering
>legislation
>>>making it illegal to steal or traffic in stolen cemetery art,
>statutary,
>>>headstones, monuments, etc. Though this has not been a big problem
>in
>>>Indiana, it has been a increasing problem in other states. If the
>bill
>>>passes and becomes law, the courts will have some meaningful
>legislation
>>>with which to prosecute the thiefs and the sellers.
>>>
>>>One really exciting (and surprising) development was Rep. Lytle's
>idea to
>>>mandate that all cemetery monuments created after 1-1-2000 must have
>>>engravings indicating the name of the cemetery in which they are to
>be
>>>placed. His thinking (which I commend as innovative) is that, in
>the
>>>future, if those stones are stolen, they will have permanent
>markings
>>>indicating from what cemetery they were taken. This would alleviate
>the
>>>future problem of trying to determine where a stolen stone was taken
>from.
>>>As modern stones become more ornate and more desirable by cemetery
>thiefs,
>>>this could be a big help in finding the "home" for these stones when
>they
>>>are recovered.
>>>
>>>No small measure of the credit for the success of our efforts goes
>to Bill
>>>Shaw, the Indianapolis Star-News writer who has done so much for
>spreading
>>>the word among the Legislature, the government and the public. Bill
>was at
>>>the Capitol again this afternoon, but had to leave before the
>session began.
>>>If you haven't already done so, take a minute to drop a note to the
>Star to
>>>thank them for publishing Bill's stories and to Bill for writing
>them.
>>>
>>>I got the impression that the Committee did not realize how easy it
>was for
>>>those folks in Dubois County to get a permit from the Health
>Department to
>>>perform a do-it-yourself-with-a-backhoe exhumation so they could
>build their
>>>house on that little hill. The name of Federal Judge Hugh Dillin (a
>>>descendant of the people buried in that cemetery) was mentioned
>SEVERAL
>>>times. A friend of the Judge who happens to be a former State
>>>Representative spoke quiet eloquently about the level of outrage
>among the
>>>descendants that this ever happened. I hope the Committee got the
>full
>>>impact of his statement that the property owners got a permit to
>move THREE
>>>graves when, in fact, there were more than 60 graves there, mostly
>unmarked,
>>>and that, until the Trustee law was changed a year or so ago, the
>Township
>>>Trustee was tending to that cemetery despite the fact that it was on
>private
>>>property. Of course, after that change went into effect, the
>Trustee could
>>>no longer care for the site and it was shortly thereafter "moved".
>>>
>>>Again, I apologize for blowing my top last weekend. I spoke in
>despair and
>>>in haste. It appears that it was not necessary as the powers that
>be (in
>>>this case the Committee) had already realized that continuing the
>exclusion
>>>of agricultural purposes from this bill was not in the best interest
>of
>>>protecting these sites. Now, I just hope and pray that the
>Committee will
>>>be successful in convincing the rest of the House and then the
>Senate to see
>>>it this way.
>>>
>>>I think everyone came away from the meeting with renewed faith and
>trust in
>>>the "system" and with renewed expectations for what we CAN
>accomplish. It
>>>ain't over, but the possibilities are certainly exciting for all of
>us.
>>>
>>>Good night.
>>>
>>>Lois
>>>
>>>
>>>
>>>==== INPCRP Mailing List ====
>>>If you know of some good cemetery related links, send them to
>LoisMauk(a)usa.net.
>>>
>>>
>>>
>>
>
>
>
>
The Fort Wayne News-Sentinel is planning to publish a story on "my"
cemetery in the INPCRP hall of fame (Brown Cemetery, Monroe Twp., Allen
Co., Indiana). The story will be by Bob Caylor, and the photographs by
Ellie Bogue. Bob said the photographs are excellent. Ellie, Bob, and I
went there this winter, after the leaves were down so we could see much
more than the photos on my page show.
The story should print tomorrow afternoon, Feb 16, 1999. You will be able
to get it at:
http://www.news-sentinel.com/ns/
My web page about the cemetery is at:
http://www.student.ipfw.edu/~barraj01/BrownCem.htm
Have a good day!
=====================================================
Adam J. Barrone
Fort Wayne, IN
http://www.student.ipfw.edu/~barraj01/
=====================================================
This is a public apology from me to the House Committee on Agriculture,
Natural Resources and Rural Development. I've forwarded a copy of this
message to Committee Chairman Markt Lytle.
I was WRONG and I'm deeply sorry for not having more faith in the men and
women of the Committee. My "worst fears" were apparently unfounded and it
looks like the House Committee on Agriculture, Natural Resources and Rural
Development is going to stand up and do the right thing. Hallelujah!
I apologize for my outburst over the weekend. After I talked with an
attorney a few days ago who had reviewed the existing laws and pending
legislation, I felt so disappointed, distressed and dismayed because it
looked like my deepest concern was justified and that the Legislature was
going to continue the practice of exempting anyone involved in any form of
agriculture from any proposed regulation. Apparently our prayers, pleas and
petitions were heard by the members of the Committee.
The exclusionary language I was so concerned and worried about has been
STRICKEN from the bill. That is, the language which excluded anyone
involved in any form of agriculture from the requirements of the proposed
language included in Rep. Markt Lytle's House Bill 1522. Rep. Lytle said
tonight that the decision to strike this language was discussed at last
Monday's hearing, but I don't recall hearing that. Doesn't mean it wasn't
said; just means I didn't hear it.
I'm now convinced that Rep. Lytle and the Committee are well-meaning and
good-intentioned. I believe they sincerely want to straighten out this
situation and put an end to cemetery abuse, neglect and destruction in
Indiana. The problem is not going to be completely solved today or even
this year, but we're on the verge of making serious headway.
As for my report on the hearings on Monday, 2/15/99:
I haven't had a chance to review my notes but here's what I recall off the
top of my head from tonight's hearing. (Sorry. It's late, I'm tired and
I'm too lazy to go down to my car to get my files.)
A good number of lobbyists appeared, primarily the ones who didn't have an
opportunity to speak last Monday because of the lateness of the hour.
The homebuilders association spokesman asked for some assurance that, if a
cemetery were discovered on a construction site it would not necessarily
halt construction on the entire site but only in the immediate area of the
burial place. I didn't hear any final resolution on this query so I can't
say what they will or will not do on that topic.
A spokesman for the Township Trustees spoke in objection to Rep. Cleo
Duncan's bill to take the care of cemeteries out of the hands of the
Township Trustees and put it into the hands of the County Cemetery
Commissions. I'm sure there's more to it than meets the eye, but it looked
to me like that bill may have "died in Committee". I think the bottom line
was that Rep. Duncan's concern was that -- regardless of who does it -- the
cemeteries must be properly cared for. Personally, I don't care WHO does
it, as long as it gets DONE! I hope the Trustees now realize how deeply the
public cares about this subject and if we can work WITH the Trustees on
cemetery restoration projects, then more power to them.
As I understand the process, all of the "good stuff" from all the other
house bills will get rolled into Rep. Lytle's bill (HB 1522), including the
language from HB 1588 (a mirror of SB 280) regarding the process and
procedure for moving graves.
The Committee adopted my suggestion that the party moving a grave or
cemetery be required to tender photographs of the grave markers AND the site
along with their report filed with the County Recorder. My concern is
two-fold: (1) a lot of the markers I've seen (especially the sandstone
ones) aren't going to survive a move and (2) I worry about the accuracy of
the notetaker in interpreting stone markings. (How many of you have
abstracted a stone and, when you went back a second time, couldn't believe
how far off you were? Especially with those pesky 1s and 4s!)
I forgot to suggest to the Committee the need for including a plat of the
cemetery site with the report filed by the moving party with the County
Recorder or to require that a copy of that report be given to the public
library in the county seat. The latter would be a terrific boon to public
access to these records as so many of us can't get to the courthouse because
we're working when the courthouse is open. The library, on the other hand,
is usually open most evenings and weekends.
I'm sure the revised bill will be posted on the Internet in the next day or
so. I'll let you know as soon as I find it on-line.
The Committee is going to establish a Summer Study Program on this issue
and, as I understand it, members of the Committee will travel around the
state, soliciting comments and ideas from the public on the subject of
cemetery preservation. I'll keep you posted on that as the plans
materialize.
The battle is not won yet. The amended bill adopted by the Committee must
now get past the vote of the House of Representatives and then be referred
to the Senate. There's a lot more to be done, but I feel VERY optimistic
about the process -- much more so than I did a few days ago.
Finally, the bill to create a cemetery preservation license plate was passed
by the Committee. That has some exciting potential, though I doubt it will
generate truly enormous sums of money. There are just so many such plates
available that the potential market is somewhat diluted. I will, however,
be among the first in line to buy one.
Rep. Lytle did express his wish that anyone with constructive suggestions
get in touch with him. He seems absolutely sincere in his desire to do
something to correct this situation, though he does not wish to act in
haste. I think the passage of HB 1522 will go a long way as a first measure
to protect our pioneer cemeteries -- including the long-neglected ones on
private property.
Rep. Lytle's amendment of HB 1522 is going to include pioneering legislation
making it illegal to steal or traffic in stolen cemetery art, statutary,
headstones, monuments, etc. Though this has not been a big problem in
Indiana, it has been a increasing problem in other states. If the bill
passes and becomes law, the courts will have some meaningful legislation
with which to prosecute the thiefs and the sellers.
One really exciting (and surprising) development was Rep. Lytle's idea to
mandate that all cemetery monuments created after 1-1-2000 must have
engravings indicating the name of the cemetery in which they are to be
placed. His thinking (which I commend as innovative) is that, in the
future, if those stones are stolen, they will have permanent markings
indicating from what cemetery they were taken. This would alleviate the
future problem of trying to determine where a stolen stone was taken from.
As modern stones become more ornate and more desirable by cemetery thiefs,
this could be a big help in finding the "home" for these stones when they
are recovered.
No small measure of the credit for the success of our efforts goes to Bill
Shaw, the Indianapolis Star-News writer who has done so much for spreading
the word among the Legislature, the government and the public. Bill was at
the Capitol again this afternoon, but had to leave before the session began.
If you haven't already done so, take a minute to drop a note to the Star to
thank them for publishing Bill's stories and to Bill for writing them.
I got the impression that the Committee did not realize how easy it was for
those folks in Dubois County to get a permit from the Health Department to
perform a do-it-yourself-with-a-backhoe exhumation so they could build their
house on that little hill. The name of Federal Judge Hugh Dillin (a
descendant of the people buried in that cemetery) was mentioned SEVERAL
times. A friend of the Judge who happens to be a former State
Representative spoke quiet eloquently about the level of outrage among the
descendants that this ever happened. I hope the Committee got the full
impact of his statement that the property owners got a permit to move THREE
graves when, in fact, there were more than 60 graves there, mostly unmarked,
and that, until the Trustee law was changed a year or so ago, the Township
Trustee was tending to that cemetery despite the fact that it was on private
property. Of course, after that change went into effect, the Trustee could
no longer care for the site and it was shortly thereafter "moved".
Again, I apologize for blowing my top last weekend. I spoke in despair and
in haste. It appears that it was not necessary as the powers that be (in
this case the Committee) had already realized that continuing the exclusion
of agricultural purposes from this bill was not in the best interest of
protecting these sites. Now, I just hope and pray that the Committee will
be successful in convincing the rest of the House and then the Senate to see
it this way.
I think everyone came away from the meeting with renewed faith and trust in
the "system" and with renewed expectations for what we CAN accomplish. It
ain't over, but the possibilities are certainly exciting for all of us.
Good night.
Lois
Sarah,
In our town my husband is the Cub Master and we can NOT even get the boys
to march in the parade on the 4th of July. They are all to involved with
other things and the parents can NOT even get them to meetings some times.
Where we lived 3 years ago in the Northern part of Indiana the Boys Scouts
did do a ONE time project for their Eagle project and in six months the
cemeteries looked the same. All full of weeds. May I have just been in
the wrong places to get the Scouts to help but I know in this area if they
did do any cemetery cleaning it would not solve the big problem of the
destruction It would be a good idea if the kids and/or parents cared but
no one seems to get the vision. Diana
I can't be there tomorrow, but my heart will be....
Here is the Letter to the Editor, published today. There was no disrespect
intended for the DAR, except to point out that preservation of our heritage is
one of our basic tenets.
Carol
Subj: LETTER TO THE EDITOR
Date: 2/7/99 3:51:52 PM Central Standard Time
From: CAROLBRADB
To: stareditor(a)starnews.com
February 7, 1999
Dear Sir:
I have been very distressed--and disappointed in the lawmakers of Indiana--to
hear that our pioneer cemeteries are being torn up and discarded, without
regard to the feelings of others. It seems that in their own wants and
desires, they have lost any regard for the past generations who made this the
"land of opportunity" with future generations in mind. Have we come so far
from that selfless era that we are a nation of "gimme-gimme" and "take-take-
take"?
Our new generation seems to care little about who these people were, the
dangers they faced, what they sacrificed to settle our land, or what others
may care about preserving the human dignity of their ancestors, at least one
of whom was a Revolutionary soldier. Indiana Daughters of the American
Revolution, speak up! (And where have you been all this time?)
A Wilhoit cemetery was stripped of the remains of at least 69 of my relatives
in order to build an "up-scale" housing development, without consideration of
those who might care. Apparently all they were interested in was getting the
most dollar per acre. The Wilhoite name has been in this country since
1717--and has fought for the future of this country in every military action
from the Revolution to today. We have a proud heritage and the highest regard
for those who lived and died, making the path easier and more secure for us.
Other families have had their ancestors ripped out of the ground just as we
have, all across Indiana, in the name of profit or convenience. Strangely
enough, Americans, who consider ourselves to be among the most highly
intelligent, best educated, most civil among civilizations of the world, are
one of the few who disrespects its ancestors in this manner. The Vikings in
ancient Scandinavia buried their ancestors in huge mounds that are still
visible today; the Buddhists have the utmost respect for their ancestors and
live accordingly; even American Indians, who were most-often called "savages"
had sacred burial grounds. Why is it, in the Bible Belt of the Midwest, there
is no respect for our ancestors? It surely cannot be because they left us a
poor heritage!
If we treat our burial grounds in this way, what can we expect from the
children who are quiet observers today? More to the point, if we cannot
respect the past, what can we expect in the future?
Carol Bradbury
Beach Park, IL 60099-3925
Many of you have written to me saying that you wish you could be at the
House hearings tomorrow and you've asked me what you can do since you can't
be there with us. (I know you'll all be there in spirit if not in fact.)
The following are the members of the standing House Committee on
Agriculture, Natural Resources and Rural Development, which will be
conducting tomorrow's hearings (2/15/99) on the six bills now pending before
the Indiana House of Representatives.
If you have not previously written or communicated with these
Representatives and especially if you did not sign an INPCRP Petition
urging the General Assembly to act decisively to at long last extend some
measure of protection to the thousands of pioneer family cemeteries
(especially the old abandoned ones on private property) scattered throughout
Indiana, please consider doing so today.
Rep. Markt Lytle <R69(a)ai.org> Chairman
Rep. Richard Mangus <R21(a)ai.org>
Rep. Phyllis Pond <R85(a)ai.org>
Rep. Claire Leuck <R25(a)ai.org>
Rep. Jerry Denbo <R62(a)ai.org>
Rep. Dale Grubb <R42(a)ai.org>
Rep. Dale Sturtz <R52(a)ai.org>
Rep. Robert Bischoff <R68(a)ai.org>
Rep. Michael Ripley <R79(a)ai.org>
Rep. Jeb Bardon <R94(a)ai.org>
Rep. Gary Dillon <R50(a)ai.org>
Rep. John Ulmer <R49(a)ai.org>
Rep. William Friend <R23(a)ai.org>
Rep. Russell Stilwell <R74(a)ai.org>
Rep. Robert Hoffman <R55(a)ai.org>
I can't guarantee that all these e-mail addresses work, but this is the
information available from the official General Assembly website.
Also mentioned in Bill Shaw's 2/7/99 Indianapolis Star articles were:
Rep. Tom Saunders <R54(a)ai.org>
Indiana Farm Bureau http://www.farmbureau.com/homepage/fbpage.htm
(See "Issues in Government" and then 10/27/98 "Indiana
Law Covers The Dead")
Gov. Frank O'Bannon http://www.ai.org/gov/gov_mail.html
Rep. Cleo Duncan <R67(a)ai.org>
When you write to them, tell them what YOU know about cemetery desecration,
abuse and neglect in Indiana. Also tell them that you know that:
Indiana Code 23-14-67 (Care of Cemeteries by
Counties) does not protect them because the
Counties are under no obligation to create or
fund County Cemetery Commissions.
Indiana Code 23-14-68 (Care of Cemeteries by
Townships) does not protect them -- specifically
those on private property, which is the vast
majority -- because it PRECLUDES the Township
Trustees from acting to preserve, protect or
maintain cemeteries on property on which taxes
are assessed and paid.
Indiana Code 14-21-1 (DNR -- Historic
Preservation and Archeology) does not protect
them -- in fact it specifically permits the
destruction of all visible signs of pioneer graves
to conduct surface coal mining or for agricultural
purposes, including farming, dairying, pasturage,
agriculture, horticulture, floriculture,
viticulture, ornamental horticulture,
olericulture, pomiculture, animal husbandry,
and poultry husbandry. This means they can
destroy the stones or permit them to be destroyed
if they so desire.
Tell them your opinion of the fact that, in Indiana, it is
LEGAL to plow, bulldoze or blacktop pioneer
graves!
Then give them YOUR honest opinion about this situation.
Thanks.
Lois
The Sunday, 2-14-99, Star-News features the following lead editorial.
"Respecting our dead"
http://www.starnews.com/news/editorial/99/feb/0214SN_staredit1.html
It also includes an excellent Letter to the Editor from Carol Bradbury of
Beach Park, Illinois entitled, "Pioneer cemeteries must be protected".
Carol is a member of this e-mail group and I hope she'll share with us the
content of her letter published today. It's not on-line. I don't want to
get sideways with the Star-News by infringing on their copyright.
Lois
Here in Adams Co., we have had several Boy Scouts complete their Eagle
requirements by working in the cemeteries. I know of at least one girl who
is writing a history of one of the township cemeteries for a Girl Scout
project. She is making a list of all the burials in that cemetery, etc.
And I believe a Boy Scout completed his Eagle requirements by restoring or
at least working with the D.A.R. to restore the grave on a Rev. War Vet
buried here in Adams Co.
And I believe one of the elementary schools here has some of their students
work at picking up trash from a township cemetery next to the school. It's
a great idea to have young people work on these projects and most of the
kids seem to enjoy it. It's also a terrific way to teach history, as well as
respect for the pioneers who settled and developed the area.
I have taught several groups of 4th grade students in classes held in a
cemetery. For the most part, the kids really enjoying hearing these
stories. Once I met a girl and her parents a couple weeks later in the
cemetery. The little girl was telling her parents all about the pioneers -
it was great to see that my stories made an impression on at least one child.
Nola