Theresa,
Here it is. I know I do not write as eloquently as everyone else does. By all means, send
it to your Representatives and Senators.
I included in the portfolio this outline; copies of Indiana Codes IC 23-14-67, IC
23-14-68, and IC 14-21-3; and everyone who gave me permission to include their e-mails on
what they thought was important about legislation.
Angela Tielking
Proposed Changes or Additions to Cemetery Legislation
1) IC 23-14-67 (Care of Cemeteries by Counties) Section 2 (a) states: The board of
commissioners of a county may appoint a county cemetery commission consisting of five
residents of the county.
The word "may" needs to be changed to "shall". Cemeteries all over the
state of Indiana and in every county are not cared for adequately. Township trustees
generally are responsible for the upkeep of their township's cemeteries (those in
existence on February 28, 1939 - IC 23-14-68). The majority of township trustees do not
have the funds to maintain these cemeteries. The organization of a county cemetery
commission would help in caring for the pioneer cemeteries.
The bottom line is our cemeteries need help. This is one way to ensure the county's
cemeteries could get the extra help they need.
2) The wording of the above law (IC 23-14-67) Section 1 has been interpreted a couple of
different ways. It reads: "This chapter applies to cemeteries that:
(1) are without funds or sources of funds for reasonable maintenance;
(2) have suffered neglect and deterioration;
(3) may be the burial grounds for Indiana pioneer leaders or veterans of an American war,
including the Revolutionary War; and
(4) were established before 1850."
The problem with the wording of this law is that the cemetery must meet all four points to
fall under county responsibility. The wording should be changed to "or" instead
of "and".
3) Should the establishment date of 1850, in IC 23-14-67 Section 1, be changed to a
different date?
Newton County is Indiana's youngest county. It was not organized until 1860. Though
they have only 26 cemeteries in the county, many do not have headstones dating before
1850.
Currently, a pioneer cemetery is one established before 1850. Think about it. Let's
say a young man of 21 years of age settles his own homestead on virgin land here in
Indiana in 1825. He dies 50 years later. He is the first one buried in a new cemetery. The
headstone would read 1875. Wouldn't he be considered a pioneer too?
The establishment date of 1850 needs to be reviewed.
4) Landlocked Cemeteries
In many cases, pioneer cemeteries and old family plots are "landlocked". There
is no access to these cemeteries. One must cross private property to visit and maintain
these cemeteries. There are landowners who will not allow visitors to cross their
property. There must be some way to access these cemeteries without trespassing. Easements
need to be provided.
(Note: in many instances, cemeteries and easements to these cemeteries were listed in land
deeds. As the land changed hands many times over, the cemeteries and easements were left
out of the deed, also known as "falling off" the deed.)
5) Cemeteries located on private property
There are cemeteries located on private property. Some landowners consider the cemetery
"their property". Some of these landowners feel they can do whatever they want
to the cemetery. Some go as far as removing all visible traces of the cemetery or others
do not care for them at all. One example of a cemetery that has been neglected and abused
is the Farley Cemetery located in Franklin Township, Henry County. It is also the burial
ground of Revolutionary War Soldier, Captain Matthew Farley. Is this how we honor our
veterans?
Cemeteries belong to the public; and should not be on privately owned land.
6) Cemeteries located in "Prairie Grass Restoration" areas
There are cemeteries that are, indeed, located in these restoration areas. Bud Bush
recently told the Henry County Cemetery Commission that a lady from out of state wanted to
visit her descendants' final resting place in one of these designated areas. She could
not access the cemetery because of all the "prairie grass". Cemeteries are for
the public to visit, not for restoring prairie grasses.
7) Controlled burning in cemeteries
Sometimes there is controlled burning in cemeteries. Township trustees or the Indiana
Department of Natural Resources allow such burnings. Weeds and grasses are allowed to grow
up, and once or twice a year they are burned off. Burning damages the headstones. The
weeds and grasses do not permit easy access to the cemetery for visitation. There should
be NO BURNING permitted in cemeteries.
8) The month of October designated as Cemetery Education Month
In Oregon, the month of October is Cemetery Education Month. We would like to see
legislation passed that does the same for Indiana. One reason cemeteries are vandalized
and neglected is due to lack of education. The Henry County Cemetery Advisory Board is
currently working on a cemetery education program to be used in the local schools. One of
the goals of this program is to teach our children why our cemeteries are important.
Cemeteries are history museums, they hold our families and ancestors, they are our
heritage, culture, records, and places to be respected.
"Prevention of cemetery vandalism begins with teaching cemetery appreciation."
-- Oregon Historic Cemeteries Association (ohca@oregoncemeteries .org)
These issues were discussed on the Indiana Pioneer Cemetery Restoration Project's
(INPCRP) e-mail discussion group. INPCRP's website address is
www.rootsweb.com/~inpcrp/ I encourage anyone interested in cemetery restoration and
preservation to visit the website.
Some of these issues were also discussed by the Henry County Cemetery Commission and Henry
County Cemetery Advisory Board.
Outline prepared by Angela Tielking
135 N. Adams St.
Knightstown, In. 46148
(765) 345-2596
tielking(a)knightstown.net
"Show me the manner in which a nation or community
cares for its dead and I will measure with mathematical
exactness the tender mercies of its people, their
respect for the laws of the land, and their loyalty to high ideals."
William Gladstone (1809-1987), three-time Prime Minister of England