Removal of Bodies
Persons having friends or relatives buried in the old City cemetery in the First ward are hereby notified that all bodies will be removed from that place, and if any desire to remove a body or bodies they have until February 1 next in which to do so. If no steps are taken the removal will be made by the city, commencing on that day. Any information desired I will cheerfully furnish as far as may be within my power.
George W. Larendon, M.D.
City Health Officer
Removal of Bodies
In another column appears an advertisement by Dr. G. W. Larendon, city health officer, giving notice to those who have friends or relatives buried in the old city cemetery, in the First ward, that they have until February 1 to remove such bodies, if they see fit. If not removed by private individuals, all the bodies will be removed by the city, commencing on that date, and reinterrred in a spot of ground procured in the Fourth ward (south). This spot will be enclosed with a neat fence and all the graves will be marked as they are in the old cemetery, where marks are not obliterated.
These two newspaper articles spurred the injunction filed a few days later by the families.
Removal of Bodies
The old city cemetery has been deprived of about fifty occupants of graves during the last few days, friends and relatives of the deceased having removed the remains to other resting places. Among those removed were Henry Ryke and wife, William Koffenberger and wife, William Light, two children of Mrs. Weber, six members of the Cooper family, four children of the Stubenrauch family, two children of Jeff Wade (colored), P. Pfeffer, John Kountz, Mrs. Dwyer and George Johnson.
This morning the disenterring of the dead under direction of the city health authorities will begin. Of the bodies already taken up a number have been found in a remarkable state of preservation considering the length of time they have been buried, while in other instances but little save a few bones have been found.
The City Cemetery
An Injunction Stops All Work of Removing the Dead
There is trouble over moving the bodies from the old city cemetery. A writ of temporary injunction granted by Judge R. E. Burke of the Fourteenth Judicial district, at Dallas, on the prayer of W. C. Padgett of Dallas and Tom Padgett of Waco, to restrain and enjoin the city of Houston, has been received here, styled the defendant, and John T. Browne, Mayor, and George W. Larendon, city health officer, from interferring with the graves of certain persons buried in said cemetery or from removing their bodies or from removing or in anywise interferring with certain monuments or stones or means of identification plaintiffs put on or about said graves.
Plaintiffs aver that they have no remedy in law, because in the nature of the case they can be awarded no proper or adequate compensation for such trespass. The petition sets forth that on the 16th day of July 1840, James S. Holman, as trustee conveyed to the mayor, aldermen and citizens of Houston certain property, five acres of land, situated between Buffalo Bayou and White Oak Bayou; that the parents of plaintiffs were at that time citizens of Houston as were their grandparents; that the ground has been used for fifty years as a cemetery and was transferred to the city for such purpose; that the bodies of grandmother, mother and sister lie buried there since 1855. The defendent officials are cited to appear before the judge of the Eleventh district on the first day of the next term of court and show cause why injunction, as prayed for, should not be issued.
As Judge Brashear was the city attorney at the time the question of utilizing the ground in the old cemetery was before the council, and as it was upon his opinion that it was determined to prepare the ground by removal of the bodies for erection of a school building, he is disqualified to act in this case, and it will probably be returned to Judge Burke for final hearing.
In the meantime the officials are undecided what they will do, as it is understood there are others who will take legal proceedings to have the dead remain undisturbed. As it rests now, the temporary injunction is effective in stopping all work for the present. The city health officer says he told the attorneys that the graves of the Padgett family would not be disturbed, as he understood it was the intention of the relatives to attend to removal themselves. Of course the work had as well be stopped and no more expense incurred until the courts have decided as to the right of the matter.
In the meantime, the First Ward has no school building
and it is impossible to find a proper place that can be procured for the
erection of one, the people in that section of the city will have to make
the best of a bad thing and send their children into other wards.
Proceedings Stopped
The Mayor of Houston is Served with an Injunction
The City of the Dead Not to be Disturbed
A Verdict in Favor of the Orphans
Town Notes - Personals
Correspondents' Headquarters - Capitol hotel.
Houston, Tex., Feb. 2 - Hon. John T. Browne, mayor, in speaking of the injunction which stopped the city from removing the dead from the Old City Cemetery in the First Ward to give place for the erection of a new public school house, said today in response to questions that "the matter is left almost entirely with the city attorney, and he will doubtless proceed in a manner that his wisdom and the law dictates. In my opinion it is a complicated affair and I am not sufficiently conversant with law to predict a result."
"When the ordinance was passed compelling the removal of bodies from the old city cemetery, a clause was inserted requiring the publication of a notice giving such persons as desired the permission of removing the remains of relatives, such removals to be done by February 1. After that date the city intended taking up the work, and the parties enjoining doubtless realized that no interference was necessary until the city began work."
"About fifty graves have already been opened and remains moved, but this injunction stops the city's scheme for a new schoolhouse for at least one year. The injunction as served on me yesterday is returnable to the next term of the civil district court of Harris County. This term begins in April and even if the injunction were set aside, it is very likely that the city health officer would not allow the graves dug open during the summer, and therefore we could not commence the erection of a schoolhouse on the ground before the following summer. The work of the city council in the movement is not lost unless the court should decide against us, as it will be good whenever the work is resumed. Yes, sir, it is abowing greater respect for the dead, because the bodies are to be placed where the grave in which they rest will be cared for instead of allowed to go to rack."
Case No. 15103 filed February 2, 1893 Vo.. 1 Page ??? E. S. Hoffman vs. City of Houston
Case No. 15109 filed February 3, 1893 Vol. 1 Page 455 Sam Allen et al vs. City of Houston
Case was heard on November 20, 1893.
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Historical Documents 1837-1912