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ARTICLES OF ASSOCIATION OF THE LINDENWOOD CEMETERY
Go 977.202 F77& 1416096
PUBLIC LIBRARY FORT WAYNE & ALLEN CO., IND.
GENEALOGY COLLECTION
GEN
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01793 1905
LODGE & ENTRANCE. - LINDENWOOD CEMETERY.
THE + CEMETERY. -0
My friend and I have left the town, Whose busy tumult dies away, To wander where the sky bends down Above our little homes of clay. Here, in the city of the dead, We find the friends we knew of old, And fancy they will hear our tread Above their ashes gray and cold.
Around us rise, on either hand, Tall monuments and lowly stones ; Here, towering like temples grand, There scarcely rising o'er the bones, Here, fretted marble, grandly wrought, The pomp of wealth and pride proclaims- Here, in the grass, unknown, unsought, A myriad of forgotten names.
The tender care that trains the flowers Around yon cenotaph will pall, But still the sun and still the showers, Will come alike to each and all. For nature knows no favorite son; Impartial hand her blessing brings; Alike the graves known and unknown- Alike the peasant's and the king's.
There's not a grave aro nd our feet That is not dear to present life, That wakes not memories sad or sweet In father, sister, child or wife; Here read, " Our Mother"-further name She needs not; God, and those she bore, Who love her still, will keep her fame In faithful hearts. Who asks for more ?
Here our own treasures calmly rest ; Regrets and tears were vainly spent; Their souls, we trust, are with the blest, And we must wait and be content. Here we have left a little space; A little time and we shall lie In dreamless sleep, and hope of grace In some new life beyond the sky.
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** 5 BURFORD LITH INCOS ' -
LINDENWOOD
CEMETERY
List of Officers
OF
LINDENWOOD CEMETERY.
1 D. G NELSON, President
J. D. BOND, Treasurer W REITZE, Secretary.
Corporators.
J. L, WILLIAMS, O. P. MORGAN
J. H BASS,
H. McCULLOCH,
A P. EDGERTON, W. H. HOFFMAN
S. B. BOND,
O. A. SIMONS, J. D. BOND,
4. D. G. NELSON,
GEO. H. WILSON.
A. E. HOFFMAN.
Board of Trustees.
I. D. G. NELSON, O. P. MORGAN, J. L. WILLIAMS, S. B. BOND.
O. A SIMONS
JOHN H. DOSWELL, Superintendent and Landscape Architect.
LINDENWOOD Cemetery,
FORT WAYNE INDIANA
1886
1416096
ARTICLES OF ASSOCIATION
OF THE
LINDENWOOD CEMETERY.
In pursuance of the act of the General Assembly of the State of Indiana, entitled "An act concerning the organization of voluntary asso- ciations and repealing former laws in reference thereto, approved Feb- ruary 12, 1855," the undersigned do hereby associate themselves together as a corporation for the objects hereinafter specified :
1st. The corporate name of the corporation shall be "THE LIN- DENWOOD CEMETERY."
2d. The object of said corporation is to acquire, ornament and dis- pose of, in suitable lots, land at or near the city of Ft. Wayne, in the county of Allen, in the State of Indiana, for a public Cemetery for the burial of the dead, to be known as the LINDENWOOD CEMETERY at Fort Wayne.
3d. The following described real estate has been purchased by the subscribers hereto for the purposes of said Cemetery, the legal title whereof is now in JESSIE L. WILLIAMS, viz: Situate in the county of Allen, State of Indiana, being that part and portion of section number four (4), in township number thirty (30) north of range number twelve (12) east, which is included within the following metes and bounds, to-wit: Begin- ning at the southeast corner of said section four (4), thence running west on the south line of said section twenty chains and nine links, thence north seventy-six chains twenty links to the north line of said section, thence
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LINDENWOOD CEMETERY.
east on said north line to the northeast corner of said section nineteen chains ninety-five links, thence south with the east line of said section seventy-six chains twenty links to the place of beginning, containing one hundred fifty-two acres and fifty-five hundredths of an acre, more or less ; being lot number one (1) in the subdivision of said section, made by WILLIAM ROCKHILL, SAMUEL EDSALL and JOHN M. WILT, Commissioners appointed in the Allen Circuit Court, at the February term thereof, in the year 1853, to make partition of said section, and to set off to PHILLIP POLLARD in severalty the one-third part in value of said section, and being the same real estate conveyed to said PHILLIP POLLARD on the fif- teenth day of September, 1853, by JOSEPH K. EDGERTON, a Commis. sioner appointed by said Court, by deed bearing that date, and which deed is recorded on pages 204, 205 and 206 in Minute Book Chancery number 2, in Clerk's office of said county of Allen, the date of said record being September 15th, 1853, which real essate, on the completion of the record of these articles, is to be conveyed to said corporation for the pur- poses thereof.
4th. Until the subscribers hereto are severally paid the amount of their advances for the purchase and improvements of said property, or released from their liability on account thereof, each subscriber shall be deemed an owner or shareholder in said corporation to the amount set opposite his name, and the shares shall be held and be transferable in such manner as the Board of Trustees shall prescribe, and until the Board of Trustees shall otherwise by proper by-laws provide, each subscriber in any election of Trustees or Corporators, or otherwise, shall be entitled to one vote for each twenty-five dollars by him subscribed ; Provided, however, that when the said subscribers shall be severally reimbursed the amount of their advance, or liabilities for the purchase or improvement of said property, with the interest, or fully released from all such liabilities, all certificates of ownership, of shares or stock in said corporation shall be surrendered and canceled, and the property of said corporation shall thereafter remain and continue a public trust in said corporation for the purposes herein expressed.
5th. The subscribers hereto and their successors, corporators of said corporation, shall annually hereafter, or oftener if necessary, fill by election by ballot, from those who may be lot-holders in the Cemetery, all vacancies which may occur among said corporators, and may in like manner increase the number of corporators, so that the number thereof shall never be less than twelve nor more than twenty.
7
LINDENWOOD CEMETERY.
6th. The powers of said corporation shall be vested in a Board of Trustees consisting of five corporators, subscribers hereto, if living and willing and competent to serve, or their successors, chosen as above, to be elected annually by the corporators.
The first Board of Trustees shall be ISAAC D. G. NELSON, JESSE L. WILLIAMS, HUGH MCCULLOCH, PLINY HOAGLAND, and DAVID F. COMPARET, who shall hold office for one year, or until their successors are chosen. The Board of Trustees shall elect a President from their own num- ber, and a Secretary and Treasurer, and may from time to time appoint such other officers or agents as may be required to carry out the purposes of said corporation, and may fill any vacancy in the Board of Trustees in the interim between the annual elections, and may make all such by-laws and rules and regulations for the government of said corporation, and the property thereof, and the care, management, and disposal of said cemetery grounds, as may be lawful and proper.
7th. The first annual meeting of corporators for the election of Trustees shall be held at the Clerk's Office of the Allen Circuit Court, in the city of Fort Wayne, on the first Monday of August, A. D. 1860, or such other day as the Board of Trustees may provide, and annually thereafter, at such time and place as the Board of Trustees may from time to time prescribe, who shall also prescribe the rules of election.
8th. So soon after the organization of this corporation as practicable, the Board of Trustees shall provide for laying off for burial purposes so much of the land above described, conveyed to said corporation, as shall be necessary and suitable for such purposes, and if there should be a sur- plus of said land not required, or not suitable for burial purposes, the same shall be sold in the discretion of said Trustees, and the proceeds thereof, when realized, be applied to the payment of any unpaid purchase money for said land, and to refund to subscribers hereto or their assigns such money as they may have advanced for the purchase of said land, and the improvement of the burial grounds, with the interest thereon, and the residue of such proceeds, if any, be applied in the discretion and under the direction of said Board of Trustees to the beautifying, protect- ing, and improving said cemetery grounds.
9th. The proceeds of the sale of burial lots, and of any of the land not needed for burial purposes, shall be applied as follows :
First. To the payment to the subscribers hereto, or to their assigns the amount with interest they have already advanced, or may hereafter
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LINDENWOOD CEMETERY.
advance, for the purchase of the land above described, or the improve- ment of the burial grounds, or to the payment of any obligation or ob- ligations which the corporation may execute for such advances.
Second. To the payment of the purchase money due on said land as it shall become due from the subscribers, or to the payment of any ob- ligation or obligations which the corporation may execute for the amount due on the purchase of said lands.
Third. To enclosing, ornamenting, improving and preserving the Cemetery grounds and defraying necessary expenses, all of which shall be made under the direction and sanction of the Board of Trustees.
10th. The Corporate seal of said Corporation shall be a plain cir- cular seal impressed from a metallic plate or die with the inscription,
"SEAL OF LINDENWOOD CEMETERY,"
In witness whereof the undersigned have hereunto interchangeably set their hands at Fort Wayne, this 30th day of July, A. D., 1859:
SUBSCRIBERS' NAMES.
RESIDENCE.
AMOUNT
I. D. G. NELSON
Elm Park .
$1,000
HUGH MCCULLOCH
Fort Wayne
1,000
ALLEN HAMILTON
Fort Wayne
1,000
C D. BONDE
Fort Wayne
1,000
J. E HILL.
Fort Wayne
500
A. M. ORBISON
Fort Wayne
500
R. W. TAYLOR .
Fort Wayne
1,000
J. L. WILLIAMS
Fort Wayne.
1,000
A. D. BRANDRIFF
Fort Wayne
1,000
D. F. COMPARET
Fort Wayne .
1,000
OCHMIG BIRD
Fort Wayne
1,000
PLINY HOAGLAND
Fort Wayne .
1,000
It will be seen by the foregoing articles of association that the orig- inal purpose and aim of the corporators did not originate in any spirit of speculation, such as had been usual in similar organizations, and believed to be the only plan that would enlist sufficient interest and attention to insure success. This report will show elsewhere that the money advanced by the original corporators has been refunded with interest in full, so that they have now only an interest in common with other lot holders. And the reflection that the enterprise has been such a complete success, in all things even far beyond their most sanguine expectations, the corporators feel abundantly compensated for the gratuitous time and attention em-
COL.BASS.
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LINDENWOOD CEMETERY.
ployed, as well as for the anxiety felt for the consummation of their desires to see Fort Wayne have a self-supporting, non-speculating cemetery, equal to the best and surpassed by none.
But while indulging in these grateful reflections, it is eminently proper to call to mind the fact that since our organization, one-half of the original corporators, Messrs. Allen Hamilton, Charles D. Bond, John E. Hill, R. W. Taylor, Ochmig Bird and Pliny Hoagland, have gone to their rest, and are now sleeping in the bosom of the earth they took so much interest in purchasing and preparing for the purpose. Of the re- maining half, it is not too much to predict, will all follow, long before ne- cessity will require the publication of another report.
Thus, one by one the pioneer workers in this noble, and at first dis- couraging enterprise, pass away-but Lindenwood Cemetery will not pass away until time shall be no more. On the contrary, this beautiful "City of the Dead " will increase in magnitude and interest as each succeeding generation shall enter its portals on their passage to the unknown. Truly may it be said,
"Though I stoop Into a dark, tremendous sea of cloud, It is but for a time. I press God's lamp Close to my breast ; its splendor soon or late Will pierce the gloom. I shall emerge somewhere."
RULES AND REGULATIONS ADOPTED DE- CEMBER, 1885,
CONDITIONS, LIMITATIONS, AND PRIVILEGES TO WHICH EVERY LOT IN LINDENWOOD CEMETERY IS SUBJECT.
I. The proprietor of any lot or lots shall not have the right to en- close the same with a wall, fence or hedge of any kind. A fence around burial lots, in a well governed cemetery, detracts from the sacredness of the scene, by supposing it possible that such a place would be visited by persons incapable of conducting themselves properly, or that the grounds were pastured with cattle.
II. No lot or lots shall be used for any other purpose than as a place of burial for the dead, and no trees within the lot or border shall be cut
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LINDENWOOD CEMETERY.
down or destroyed without the consent of the Board of Trustees. This is chiefly to avoid danger to monuments and other improvements on ad- joining lots.
III. The proprietor of any lot or lots shall have the right to erect proper stones, monuments, or sepulchral structures (except that no slab shall be set on edge over one foot six inches in height, unless it be at least four inches in thickness), and to cultivate trees, shrubs, and plants in the same. All improvements on lots must be approved of by the Superin- tendent. All hedges, as well as tender trees and shrubbery, are pro- hibited by an order passed February 14, 1884.
IV. The proprietor of any lot or lots shall erect at his or her ex- pense, suitable land marks of stone or iron at the corners thereof, and shall also cause the number thereof to be legibly and permanently marked on the premises. And if the proprietor shall fail, for thirty days after notice, to erect such land mark and mark the number thereon, the Board shall have the authority to cause the same to be done at the expense of said proprietor.
V. If the land marks and boundaries of any lot shall be effaced, so that the lot can not with reasonable diligence be identified, the Board shall set off to the said grantee, his or her heirs or assigns, a lot in lieu thereof in such part of the Cemetery as they may see fit, and the lot hereby granted shall, in such case, revert to the corporation.
VI. If any trees or shrubs situated in any lot or lots shall, by means of their roots, branches, or otherwise, become detrimental to the adjacent lots or avenue, or dangerous or inconvenient to passengers, or that may be considered to endanger by falling or otherwise, any mon- ument or other improvement on other lots, it shall be the duty of said Board, and they shall have the right to enter into the said lot and remove the said trees and shrubs, or such parts thereof as are thus detrimental, dangerous, or inconvenient.
VII. If any monument or effigy, or any structure whatever, or any inscription, be placed in or upon any lot which shall be determined by the major part of said Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter npon said lot and remove the said offensive or improper object or objects.
VIII. The Board of Trustees may from time to time lay out or alter such avenues or walks, and make such rules and regulations for the gov- ernment of the grounds as they may deem requisite and proper to secure and promote the general objects of the said Cemetery.
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LINDENWOOD CEMETERY.
IX. The Board informs persons who may wish to obtain lots in this Cemetery that they will have the ground they purchase secured to them and their families and heirs for a burial place forever, and for the burial of such other persons as they may choose to admit, provided such admis- sion is free of charge and without any compensation ; but owners can not re-sell or transfer their lots to any other person whatever, without the consent of the Board first had and obtained in writing.
X. Lot-holders who may wish to improve their lots, construct vaults or to have their boundaries more fully defined, must apply to the Super- intendent, whose directions they will conform to. The Superintendent shall attend all funerals, etc., and it is to him the Board of Trustees look for the enforcement of these rules, and for the maintenance of decorum in the Cemetery on all occasions.
XI. Persons wishing to purchase lots are referred to the office of the Company, or to the Superintendent on the premises, who has the plan of the grounds and every requisite information. No improvement can be commenced on any lot, or interment made therein, until payment therefor has been made or secured in full to the Treasurer.
XII. The Superintendent can not be responsible for not having graves prepared in time for funerals unless he has at least eight hours of daylight previous notice thereof. All orders must be left with the Super- intendent of the Cemetery. Suitable grounds have been appropriated for single interments, either for strangers or others.
XIII. In each case of burial, a statement giving the name, nativity, residence, age and cause of death of deceased shall be handed to the Superintendent for registry.
XIV. Persons owning adjoining lots separated by an alley three feet in width may vacate and become the owners of such alley between said lots.
XV. The price to be paid by lot holders to the Superintendent for opening, closing and sodding each adult's grave, shall be 84; for opening, closing and sodding each child's grave, shall be 82.
XVI. For suitable space, opening and closing single graves in what is termed accommodation ground, for strangers and others not owners of lots, 814 for adults and $7 for children will be charged. No disinterment will be allowed without the permission of the Company, lot owner and next of kin of the deceased. The above prices for opening, closing and sodding graves, as well as the prices for burial of strangers are much lower than those of other cemeteries with similar or far less improvements ; and not one-half the price of most of them-the object of the Company
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LINDENWOOD CEMETERY.
always having been merely to charge sufficient for this service to defray the current expenses.
XVII. Material for stone or marble work will not be allowed to re- main in the Cemetery longer than shall be strictly necessary, and refuse or unused material must be removed as soon as the work is completed. In case of neglect, such removal will be made by the Company at the expense of the lot owner and contractor, who shall be severally respon- sible. No material of any kind will be received at the Cemetery after 12 o'clock M., on Saturday.
XVIII. The Trustees wish, as far as possible, to discourage the building of vaults, believing, with the best landscape artists of to-day, that they are generally injurious to the appearance of the grounds, and, unless constructed with great care, are apt to leak and are liable to rapid decay, and in course of time to become unsightly ruins. Therefore, ex- cept in the section especially set apart for them, no vaults will be per- mitted to be built, unless the designs for the same are exceptionally good and the construction is solid and thorough. The designs must be sub- mitted to the Trustees and will not be approved unless the structure would, in their judgment, be an architectural ornament to the Cemetery.
XIX. No monument, headstone or coping, and no portion of any vault above ground shall be constructed of other material than cut stone or real bronze. No artificial material will be permitted.
. XX. . The Board of Trustees shall have the right to make excep- tions from the foregoing rules in favor of designs which they consider ex- ceptionally artistic and ornamental, and such exceptions shall not be con- strued as a rescission of any rules.
XXI. It shall be the right and duty of the Board of Trustees from time to time to lay out and alter such avenues and walks, and to make such rules and regulations for the government of the grounds as they may deem requisite and proper, and calculated to secure and promote the general objects of the Cemetery.
XXII. The Superintendent is directed to enforce the above regula- tions, and to exclude from the Cemetery any person wilfully violating the same.
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LINDENWOOD CEMETERY.
REGULATIONS CONCERNING VISITORS.
The Secretary will issue to each proprietor of one or more lots one ticket of admission into the Cemetery under the following regulations, the violation of any of which, or a loan of the ticket, involves a forfeiture of the privilege :
I. No person is to be admitted with a gun, nor are fire-arms of any kind, or fire-crackers, or the like to be discharged on the premises, except such as are appropriate at military funerals.
II. Visitors will be admitted on week days from 9 o'clock A. M. until sundown. All visitors must leave the grounds before dark. On Sundays, admission not until 2 o'clock r. M.
III. No vehicle is to be driven in the Cemetery faster than a walk ; and persons are respectfully requested not to drive off of the avenues nor turn on the grass. Drivers must remain on their seats or by their horses during funeral services. All omnibuses, band wagons or similar heavy vehicles are absolutely prohibited.
IV. No horse is to be fastened, except at a post provided for that purpose, and no horse is to be left unfastened without a keeper.
V. All persons are prohibited from gathering flowers, either wild or cultivated, or breaking any tree, shrub, or plant upon the premises.
VI. All persons are prohibited from writing upon, defacing or injur- ing any monument, fence or other structure in or belonging to the Cem- etery.
VII. No money is to be paid by visitors to any person employed upon the Ground.
VIII. Children will not be admitted without their parents or guar- dians, or some person in charge of them.
IX. No person or party having refreshments of any kind will be permitted to come within the Grounds. Those having baskets or bags of any kind will be required to leave them with the gate-keeper.
X. Except in case of emergency, when lots are required for imme- diate use, the Superintendent will not attend to the selection or sale of lots on Sunday.
XI. Visitors are reminded that these grounds are sacredly devoted to the interment of the dead, and a strict observance of all that is proper in a place so dedicated will be required of all who visit it.
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LINDENWOOD CEMETERY.
XII. No visitor will be permitted to disturb the fish, birds or fowls.
The Superintendent and his deputies are invested with full police power to arrest without warrant and take before the Mayor of Fort Wayne or a Justice of the Peace, any offender in these grounds, and the Company exact the discharge of this duty. They will expel from the Cemetery any person disturbing its sanctity by noisy, boisterous or other improper conduct, or who shall violate any of the foregoing rules, and will subject the offender to due punishment.
EARLY HISTORY OF LINDENWOOD CEMETERY.
The necessity of a cemetery for the burial of the dead of the city and vicinity of Fort Wayne, which had been the subject of some solicitude for several years, reached a point at last that fully awakened the citizens to the fact that the only public burial ground of the city, which but a few years previous had been located beyond the limits of the city, was rapidly filling up; and, instead of being a quiet and retired place and a suitable repose for the remains of the dead, was soon destined to be in the midst of the bustle and confusion of business and amusement; and that, too, without an opportunity of extending the grounds to meet the necessities of the future.
The public also became awakened to the alarming fact, that in the original purchase and sale of the grounds for burial purposes, no provision had been made by fixing the price of lots at such rates as would secure a sinking fund, by setting apart a portion of the sales to keep up the grounds after the lots were all sold; or, indeed, any other provision that would secure it from future desecration. It was also seen that the seeds of neg- lect were already sown and the harvest ripening-decay and destruction had commenced ; which began to grieve the hearts of those whose relatives and friends were deposited there. The graves were already being trampled upon by man and beast-monuments and other evidences of departed manhood erected by sorrowing friends, it was evident, were in danger of being defaced and with it their memories perish and be soon forgotten.
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