Natalie,
I wish you could have written sooner! I would love to add this to our
legislative packet. I wanted to bring up the coal/surface mining issue, but
it seemed no one on the list really was particularly interested in the
issue. It seems to me that two laws were contradicting one another, one
stating a surface mining operation and reclamation, along with public
utilities, were exempt from laws protecting our cemeteries. Then in another
law it said that lands unsuitable for mining were cemeteries. And that it
had to be 100 feet from a cemetery. ???????? I was told that the legislation
does not confict one another.
I would contact Tim Wright. He is an archeologist with the DNR-DHPA,
particularly on mining issues. Let him know about the cemetery that is
currently in danger. He may already know about it, but the more people who
contact him about it may do some good.
tmwright(a)osmre.gov
1-800-772-6463
Where has decency and respect gone? I sincerely believe what goes around,
comes around. The land owner who thought the almighty dollar was more
important than showing respect to our pioneers will have to face the
Almighty Lord one day. Money will not save him then.
Angela Tielking
p.s. Even though I personally will not be speaking about the surface mining
and public utilties issue, it is included in the summary we provided.
----- Original Message -----
From: "Natalie F. Robling" <nrobling(a)juno.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Wednesday, July 30, 2003 4:06 PM
Subject: Re: [INPCRP] Surface mining on cemetery property
Ernie, Connie, and Angela,
Yes, I have heard of surface coal mining in several cemeteries in Pike
County, Indiana.
No, I have not seen it happen as they will not allow spectators, family,
or no one except the mortician, people doing the digging, the coal
company, and maybe the land owner (not sure about the latter one).
Yes, I went to court as well as 10 others to keep the coal company from
digging up the cemetery all to no avail. It seems the owner wanted the
coal money and that was more important than keeping the cemetery. We
lost the battle and the cemetery is now gone.After all, they said they
could move the cemetery to another place. Yes, they did that after a
fashion. You want the gory details. They would not allow anyone nor
even the great grandson of the oldest civil war veteran buried there to
be present. I asked. I was told that the backhoe dug and scooped up a
shovel full and put it in a plastic container like one gets at Walmart or
K-Mart. Then the tombstones were removed and some went to one cemetery
and some went to another one. At Atkinson Chapel where our relatives
were interred, they poured a large slab of concrete and set all the
stones on it. It had not rained for weeks so the dirt was very dry in
the cemetery. I have been unable to find a person to tell me that yes,
they did bury the plastic containers.
Lucky for me, my friend took pictures of this cemetery which showed most
of the stones, 13 in number. However, there were 14 bodies as 2 children
were buried in the same one. The owner of the land told the judge,
lawyer, and those in attendance that he "guessed there were one or more
tombstones." Lucky, I showed the judge, lawyer, and finally the land
owner the pictures. The Civil War great grandson, Bernard Witherspoon,
and Merle Peachy also testified. However, the all mighty dollar won.
Marada and Bill Willis took 20 petitions to stores in Petersburg and got
more than 267 signatures, in less than a week, against the coal company
mining the cemetery. If we had taken them door to door, we could of
tripled the number of signatures. Again, the all mighty dollar won.
The name of this cemetery, Wallen/or Robling Cemetery in Logan Township
in Section 26 was 2 miles SE of Oatsville, Indiana, and was on the maps.
It was moved April 1998. There were more than 13 graves as there were
many sunk in places indicating a grave. I wish I had counted all of
them. It was reported to the newspaper by the coal company there were 10
names.
The 100 feet away from a cemetery did not help as this did not become law
until after the cemetery above was dug up and moved.
Progress and money seems to be the answer. Taking away the rights of the
ones interred is not progress, especially when they can not speak for
themselves. Now that more people are searching for their ancestors, and
traveling miles to see where they lived plus their place of interment, it
is important to view the cemetery as was plotted. So much can be gained
by looking at the burials around one's family, for more than likely they
will be relatives. What bothers me mostabout private landowners,
industry, and coal companies moving cemeteries is there will soon be NO
record of those living in the 1700's, 1800's, and even early 1900's.
It's time Indiana had a change on the law books concerening these
vanishing cemeteeeries. Maybe Indiana needs to look at Iowa as to how
they passed legislation to preserve pioneer cemeteries on all property,
not just farmland. An awareness of our heritage lies buried without a
voice in our rural cemeteries. It's the choice of the people of Indiana,
and the lawmakers, to save cemeteries or let them be destroyed.
There are 12 cemeteries in Pike County that are no longer in the place
where they started. If one goes to INPCRP Hall of Shame for Pike County,
the 12 that were moved are listed. The earliest one, Dedman #2 was moved
in 1925 and 1930, Debruler in 1969, Wyatt in 1970's, Simpson in 1975,
Robinson, Cox, and Rhodes in 1980, Rumble in 1990's, Battles in 1994,
McGillum in 1997, Wallen/Robling in 1998, and Fan Todd was stripped mined
but not sure of what year. The Brenton Cemetery, which makes #13, was
destroyed as that area has all been mined.
Another cemetery in Section 26 of Logan Twp. will be at danger soon.
This is 1 and 1/2 miles SE of Oatsville. They advertised in last week's
paper, Press Dispatch, that they will be mining in certain parts of
Sections 26, 27, and 34 which completely surrounds Barnes Cemetery on
three sides. This cemetery is on a slight hill which is also on the maps
in Logan Township. If they mine around it, the stones will be split and
broken from the explosives used. There are 34 stones and two others are
buried there without tombstones as found in their obituaries. One of the
two is a relative of my husbands. There is a Civil War Veteran buried
there with a tombstone.
They tried moving DeJarnett Cemetery which had 43 tombstones in Section
17 and Loveless Cemetery in Section 18 which had 123 tombstones and 9
others according to obituaries. Both of these were in Logan Twp.
With several expensive
breakdowns, they left it and went around it. Today that is one of the
most peaceful spots in the township and the road the coal company put in
after mining was a winding one which adds to the scenery. A good example
that they can go around a cemetery.
Good luck to all in Indianapolis.
Natalie Robling
On Sun, 27 Jul 2003 11:03:46 -0500 Ernie & Connie Lasley
<elasley(a)sigecom.net> writes:
> Problems will arise if the cemetery is virtually unknown but to a
> few, and
> not on any maps. I have not seen any problems with known and
> mapped
> cemeteries, usually the coal mines (around here, anyway) steer clear
> of
> them by much more than the required 100 feet. If a cemetery is
> overgrown,
> has few or no remaining stones, and is not on a State list or map,
> it may
> be in danger. If the coal company or the regulatory agencies are
> not aware
> of it, it will not be planned/mined around. This also stresses the
>
> importance of completing the State DNR Cemetery Registry.
>
> Ernie
>
> At 10:25 AM 07/27/2003 -0500, you wrote:
> > From what I understand in the permits and in the law it can be
> done only
> > 100 feet away from a cemetery - (this isn't a very far distance.)
> >Donna
> >
> >GTielking wrote:
> >
> > > Hello. Has anyone heard of surface coal mining being done in a
> cemetery
> > in Indiana? I know we want mining prohibited in cemeteries, but
> has
> > anyone seen this happen? Has anyone had to fight to keep it from
> happening?
> > > We are getting our legislative packet ready and I would like to
> have
> > example(s).
> > >
> > > Thanks for your help,
> > > Angela Tielking
> > >
> > > ==== INPCRP Mailing List ====
> > > If you know of some good cemetery related links, send them to
> > LoisMauk(a)usa.net.
> >
> >
> >==== INPCRP Mailing List ====
> >THIS IS A CEMETERY -----
> > "Lives are commemorated - deaths are recorded - families
> >are reunited - memories are made tangible - and love is
> >undisguised. This is a cemetery.
> > "Communities accord respect, families bestow reverence,
> >historians seek information and our heritage is thereby enriched.
> > "Testimonies of devotion, pride and remembrance are carved
> >in stone to pay warm tribute to accomplishments and to the life -
> >not the death - of a loved one. The cemetery is homeland for family
> >memorials that are a sustaining source of comfort to the living.
> > "A cemetery is a history of people - a perpetual record of
> >yesterday and sanctuary of peace and quiet today. A cemetery
> >exists because every life is worth loving and remembering -
> always."
> > --Author unknown -- Seen at a monument dealer in West
> Union, IA
>
>
> ==== INPCRP Mailing List ====
> If you know of some good cemetery related links, send them to
> LoisMauk(a)usa.net.
>
>
==== INPCRP Mailing List ====
"Show me your cemeteries, and I will tell you what kind of people you
have."
Benjamin Franklin (1706 - 1790)