The City Litigation

The city has more litigation, and litigjt:on of importancp, on hand now than ever bïfore. Tnera are three suits at present. The first is that brought by David Tienning agaisst the ei'y for raising the grade in front of hia property, in building the bridge over the Michigan Central tracks. If damages are secured they cannot be for muoh, 88 the entire property is only assessed at $1,500. The secoDd is tbe claim made by exJudge Joslyn for $10,000 damages for injuries sustained by falling on a defective sidewalk last June. The third suit is thal brought by Chas. R. Whitman to clear the title, by gettir g an order vacating t, to the old cemetery at the iiead of Huron-st, of which he purcbased a quit claim deed of Aun Arbor township. This case has caused more talk and discussion than boili of the olherp. The discussion has been heated and, in sorae cases, perhaps, both sides have become warmed up more than uecessary. This mitter ia one, however, that every citizen is interested thoroughly in, the quesüon being really whether the bones of our ancestors shali be removed or uot, to make room for a residence on tbat locftiion? In connectioa with this suit, Mr. Whitman has been censured on every side, and he thinks unjustly. In response to ar icquiry legarding tne mattar, Mr. Whitman gave the following as hts side of th case. "I am deeply pained by the communicatio which Ala. Allmendinger presented at the las meeting of the council. The principal attack again&t me grows out oi my purchase of the old cemetery. "For many years this ground has beeu in a most dilapidated condition. lis use as a ceiretery was long ago abandoned, the fences had lumbled down, tue tombstones were decayed, tallen and broken, a tangled growth of uuderbush only aided to make it a rendezvous for abandoned characters. The coudition of the ground was a public disgrace and an absolute bar to the growth and development of that part of the city. "In February last, a petition was filed in the circuit court by the towuship of Ann Arbor, in whose name the tille to ihe cemetery stood, a-skiiig lor a dccree vacating lts uso as a cemetery. The township board atteiwards hesitated about entailing the expense necefSary to carry on this litigation, and 1 bought a dted of the proptrty I agreed to purebase suitable ground in the nt w cemetery and have ail the remains removed in good order. This is what the law requires to vacate a cemetery. ' My idea was when I purchased this property that every man, woman and child in Ann Arbor would be glad to sec It improved. provided that proper care was taken of the bodies there ïnterred. The idea that I was doing anythiug sacrilegiouswhen I proposed thi plan! Accoiding to law , if I obtain this property, every body must be carefully removed to the new cemetery, and every Hone placed over its appropriate grave. " "j lie matter resolves iiself thus: Ëitber the township of Ann Arbor or the ciiy owued the proptny before my purchase. Ifthe city owued the property before my purchase, it owns it now, and the city can nold it. If the township owned it.the city has no right to complain if I insist upon my rights. I cannot think any point is made against the vacating of the cemetery. 'lt is declared that ihe coum-il wish to use the round as a public park; but this ground cannot e used as a park until the premisea have been vacated as a cemetery. It wou.d beai unlawiul to make walks and drives over those graves alter leveliiig tbe earth above tbem as it would be in their present form . " Wnatever may be the outcome of the issue between myself and the city, I shall wound no one's feeli: gs. If public sentiment requires that the old cemetery shall remain iu its present condition, I shall never dlsturb it."