Controversial roadside crosses; religious symbols or symbol of death?

"...A federal appeals court is weighing Utah's use of crosses on roadside memorials honoring fallen highway patrol troopers, trying to decide if they are an endorsement of religion or a nonreligious, secular symbol of death.

A three-judge panel of the 10th U.S. Circuit Court of Appeals heard arguments Monday in the case involving what the group American Atheists called "heroic-size" 12-foot-high crosses placed along state highways...."

"...Luke Goodrich, an attorney with The Becket Fund for Religious Liberty, argued on behalf of Colorado, New Mexico, Oklahoma and Kansas, which asked to argue because the case could affect memorials in their states. Goodrich asked the judges to decide the case not on the religiousness of crosses, but on whether the state provides a neutral forum for expression. A joint resolution by the Utah Legislature in 2006 declared the cross a nonreligious, secular symbol of death, Roberts said...."

This story appeared in headlines in several states. I would have never imagined that the cross was a mere symbol of death. Nevermind the foundations of the US based on religious freedom that primarily excludes itself from state affairs or when it does become inclusive, it is controversial. Now there is a judge deciding whether or not the cross is religious?

See news story URL

Mortal congestion

Today's Cemetery Genealogy News
NEBRASKA, CANADA, NEVADA, ILLINOIS, JAKARTA, INDIA, OHIO

"In truth, if mortal congestion doesn't get you tossed from your mummy chamber, erosion, acts of God and global warming just might." - Rosie DiManno.

Burial space on my list of worries TheStar.com, Rosie DiManno.

The whole statement made me laugh. "Mortal congestion..."

Alabama, Texas, Kansas, Missouri, Mississippi, New York, North Carolina, Yorkshire UK

More about Mississippi's Vicksburg Green Acres

"..the investigation now spans the owners’ holdings in five states, which
complicates efforts to obtain financial information..."

AND

"the same company that owns Green Acres has been the subject of several similar legal actions in Alabama, Texas, Kansas and Missouri, with $2.9 million in prepaid funds missing from its Alabama holdings alone. Hosemann’s office said a months-long inquiry showed more than $373,000 is missing from the trust account here and the account balance is $221.90.The 15-acre cemetery on U.S. 80 is the area’s only commercial, for-profit cemetery..."

More from the list

Mississippi cemetery regulatory commission

Technically, all Mississippians are on this commission. What has actually happened with the monies that were given to Green Acres since 2001? The year will forever remain infamous in my mind and the minds of many. I'm not certain that people remember the news stories about the number of bankruptcies that occurred after 9-11-01. A little background on the story from the headlines today February 2, 2009 on Topica.

"Mississippi is one of the few states that does not have a regulatory board over cemeteries, and now we're seeing that cemeteries can have problems that need some oversight," Riles said. "There will be a law that comes out of this, you can count on it. To go through all this and have no good result come from it would be a sin."

DITTO

"Bills have been introduced in the Legislature would form a loss-recovery program and other measures to protect people who have paid for pre-need burial services, said Hosemann.

"I think this is the largest cemetery failure in the state of Mississippi that I have ever known of," said Riles, who has been in the business 49 years."

I let Google do my digging around about Mississippi Cemetery Law. Here are a few gems worth reading.


MISSISSIPPI CODE OF 1972
As Amended

SEC. 41-43-33. Who is subject to cemetery law.

Any person, partnership, corporation or other organization organized or engaging in business under the laws of the state of Mississippi, or wheresoever organized and doing business in the state of Mississippi, of owning, maintaining or operating a cemetery, providing lots or other interment space therein for the remains of human bodies, except such organizations and cemeteries which are affiliated with or owned by churches or religious societies, established fraternal societies, municipalities, or other political subdivisions of the state of Mississippi, shall be subject to the provisions of sections 41-43-31 to 41-43-53.

SOURCES: Codes, 1942, Sec. 5308-02; Laws, 1958, ch. 481, Sec. 2, eff from and after passage (approved May 6, 1958).

http://www.mscode.com/free/statutes/41/043/0033.htm


From the Law Office of Robert Paine -
Mississippi Attorney General Opinions on Cemetery and Funeral Home Law - HTML
The same file in PDF

From the list:
Feb. 2, 2009 — Chancery Court hearing set for 9 a.m. to begin legal
proceedings to restore and protect trust funds, assess penalties, appoint a
conservator and obtain a permanent injunction prohibiting Green Acres
from selling pre-need...

DNA and WPA c. 20,000 years ago and the 1930's

This is incredible! From Today's Cemetery Genealogy News March 14, 2008

Study Suggests Most Native Americans Can Trace Some DNA Back 20,000 Years to Just 6 Women, By MALCOLM RITTER, AP Science Writer "NEW YORK (Associated Press) -- Nearly all of today's Native Americans in North, Central and South America can trace part of their ancestry to six women whose descendants immigrated around 20,000 years ago, a DNA study suggests.

Those women left a particular DNA legacy that persists to today in about about 95 percent of Native Americans, researchers said...."


PLoS One: http://www.plosone.org
(This version CORRECTS explanation of mitochondrial DNA))

A WPA project in the 1930's allowed for Veteran headstone removal and destruction

Military Headstones Used for Garden
Philadelphia Inquirer | By Maya Rao and Sam Wood | March 14, 2008
BURLINGTON TOWNSHIP, Penn. - Federal authorities are trying to solve an unlikely mystery:

How did hundreds of gravestones that once marked the final resting places of military veterans come to form a garden wall in a 90-year-old man's Burlington Township yard?..."

"...Hendley said she has asked federal officials to check historical records that would corroborate Nixon's story. The records would be held by the U.S. Army, which oversaw the national cemetery system until it was transferred to the Veterans Administration in the 1970s..."

Mississippi Extreme Genealogy HB282D

This is a good one and is from Robert St. John.

HB 282D: The Delta Heritage Law: HB 282D would require all citizens of
the Mississippi Delta to limit their ancestral discussions to a minimum
of 45 minutes per dining period. During the allotted time period, said
genealogy buff may only go back four generations without receiving a
warning citation. If subject traces his or her lineage all the way back
to the Civil War during one meal period, a $75 fine shall be levied
(Revolutionary War descendant discussions will result in mandatory jail
time). This law also applies to relations' choice of college, which
sorority their grandmother joined, and which tract of land their family
owned 150 years ago.

Today's Cemetery Genealogy News

Catholic priest sues town and pet owner over dog burial

He had to draw the line somewhere. His name is Rev. Gerald Baker, from Morganfield. In today's post is Uniontown, Kentucky's city cemetery where, since 1999 a little rat terrier was buried without a headstone. That is without a headstone... until last summer. "The stone read, "In memory of S___head". Evidently, those who had purchased plots started asking for their money back. Now there is legislation, House Bill 242. The Uniontown city government has since revised their policy of pet burials in its city cemetery to say that pet burials are NOT ALLOWED. The case was settled out of court and the woman, Ms./Mrs. Hagan, removed her dog from the cemetery along with its headstone. The article indicated that she had the best intentions in mind and meant no disrespect. I wonder, exactly, the argument of the Rev. Gerald Baker, of the Diocese of Owensboro, serving St. Ann Catholic Church in Morganfield. Mass Schedule St Ann Parish , 304 Church St., Morganfield, KY 42437 Phone: (270) 389-2287 Fax: (270) 389-0219

" Hagan maintained she had first obtained the verbal approval of the
former Uniontown mayor before burying her dog. She was not available for comment Thursday, but earlier told The Gleaner she meant no disrespect to anyone -- she just loved her dog, smelly name and all."

Commonwealth of Kentucky Legislative Research Commission
General Assembly Local Mandate Fiscal Impact Estimate

2008 REGULAR SESSION
Measure Information
Bill Request #: 339
Bill #: HB 242

Bill Subject/Title: Public cemeteries,
burial of animals

Sponsor: Rep. John Arnold

Unit of Government: X City X County X Urban-County
X Charter County X Consolidated Local

Office(s) Impacted General government

Requirement: X Mandatory  Optional

Effect on   
Powers & Duties X Modifies Existing
Adds New  Eliminates Existing
Purpose and Mechanics

HB 242 amends KRS 381.697 to prohibit the burial of
animals in public cemeteries unless written consent
is obtained from the cemetery owners or board.

Fiscal Explanation, Bill Provisions, and Estimated Cost

The fiscal impact of HB 242 on local governments is minimal
and limited to those local governments that own or operate
public cemeteries. There are currently 80 cemeteries in
Kentucky that are owned or operated by local governments,
primarily cities.  Unless prohibition of the burial of animals
is already a rule in these cemeteries, it will be necessary
for cemetery administrators to amend their rules and change
any literature or signs that address cemetery rules.

Data Source(s): Attorney General's Office


Preparer: Mary Lynn Collins Reviewer:  Date:

Cemetery Surveys Inc

I found this group on Yahoo and I've added their links to the right. The website also has an area to add a link, which is quite helpful if you are researching cemeteries on line. Their website is fantastic. The following excerpt is from the Yahoo Group, Cemetery Survey's Inc.

"Hello and thanks for joining Cemetery Surveys, Inc! We are a locally based (NC/GA), non profit organization who travel the country side surveying cemeteries with digital cameras, chalk, and lots of sunscreen! I won't bore you with the history of how we started, but the end result is our website, which is continually updated, www.cemeterysurveysinc.com ... we appreciate your patronage, encourage your participation, and absolutely love what we do!!
Thanks and we look forward to seeing you on the web!
Rose Birdwell, President & the crew of CSI (Cemetery Surveys, Inc)!
birdwellrose@yahoo.com"

Forest Hill Cemeteries and Funeral Homes in Tennessee

In the news. "...Smart announced in July 2006 that he wouldn't honor prepaid Forest Hill funeral policies in full. Until Tennessee seized the funeral properties and began honoring the policies again, families had to pay thousands of dollars extra to bury policy holders..." A search from the Dept. of Commerce and Insurance indicated that in May 2006 the funeral home was fined a mere $1,250.00 combined for failure to provide services after two years of receiving payment and disrespecting the memory of the dead.

Burial Services Program
Respondent: Forest Hill Funeral Home & Memorial Park – East, Memphis, TN
Violation: Failure to maintain the cemetery so as to reflect respect for the memory of the
dead
Action: $250 Civil Penalty

Board of Funeral Directors and Embalmers
Respondent: Forest Hill Funeral Home & Memorial Park – South, Memphis, TN
Violation: Immoral or unprofessional conduct – failure to furnish contracted merchandise
or services for two years after receiving payment
Action: $1000 Civil Penalty

With Civil penalties that are this small it appears to be an open invitation to re-offend. Unfortunately, this case is associated with another in Michigan involving over 70 million dollars. 22 million was involved in the Forest Hill case according to the article today. Previous articles indicated that sentencing was scheduled for a man found guilty on Jan. 24th. This case is set for trial on March 3.

You can read about the Michigan case here.

StonMor acquires more cemeteries

I had no idea that there was this much money in cemetery ownership. $68 Million dollars worth!???!!! StoneMor recently bought several cemeteries in the following US States and Puerto Rico:Michigan, Texas, Pennsylvania, California, Ohio, Illinois, Tennessee, Indiana, Oregon, Alabama, North Carolina, Missouri, South Carolina, Puerto Rico, Washington, Arkansas, Hawaii, Iowa, Kentucky, Florida, West Virginia. This aquisition does not include cemeteries that StonMor owned prior to this purchase. A recent visit to the StoneMor website did not reveal the cemetery locations or specific ownership, however, there was a search tool that may reveal more information. I did not find it helpful in finding specific cemeteries that StoneMor owns. Read this for more. In 2006 an article stated that StoneMor owned over 136 cemeteries primarily on the East Coast. "In 2006, these properties generated over $44 million in revenues, which is in excess of 35% of StoneMor's 2006 consolidated revenues, and this proposed acquisition, which is the largest since StoneMor went public, will bring the total number of properties owned or managed to 281, a 37% increase." and "In 2005, these locations produced annual cemetery revenues of approximately $9.9 million and annual funeral home revenues of approximately $6.1 million." From the StoneMor website, they now claim over 223 cemeteries and 57 funeral homes in 27 states and Puerto Rico.

Corrections - Park officials cut down tree in Pine Grove Cemetery, Manchester

The previous article links and photographs were from the Pine Grove Cemetery in Hampton. The news story refers to the cemetery in Manchester. This is easily confused as Hampton sports the same cemetery name. The Hampton cemetery is quite older than the Manchester, Pine Grove Cemetery. The Manchester City Government website ( link may or may not be official city site.) has photos of Manchester's Pine Grove Cemetery online here. And actually, the Parks and Recreation and Cemetery dept. have email and contact information on the website which includes a customer satisfaction survey. The cemetery is not as old as the Hampton Pine Grove Cemetery, however, it does have burials of several former mayors and dates back to 1851. Find A Grave posts several famous politicians and former governor ( Cheney ) of New Hampshire buried here and more photos. This website links to another government link that indicates the following rules regarding Pine Grove Cemetery and other cemeteries in Manchester. I found the link and followed it to discover that a few rules were published regarding the cemeteries of the city . I did Notice the "...trees, shrubs...must not be disturbed." rule was posted on-line. I apologize to Hampton for the confusion. Manchester does have a nice website dedicated to genealogy. And in fact, there is also a blog entitled Cow Hampshire, dedicated to history, genealogy and humorous topics.

New Hampshire park officials raid historic cemetery for tree

This image is from the records of Lane Memorial Library - Pine Grove Cemetery.

Manchester, New Hampshire, Union Leader This is incredible that a cemetery created in 1654 could have the cities own parks dept. choose a tree from its grounds for the cities Christmas Tree! The parks employee was reprimanded, however, A Very Grave Matter also lists this cemetery in poor condition and posts this link from a local paper about Pine Grove Cemetery from 2003. The Hampton Historical Society provided a tour of the cemetery in 2003. At that time, the cemetery was said to be in good condition. The story also relates that an inventory of family names was taken by a Boy Scout, Joshua McDonald of Troop 177 in 1999. The library offers information about all of the New Hampshire cemeteries, including how to buy a booklet of the Pine Grove Cemetery. The website, A Very Grave Matter, also has a list of about 40 some odd photos of headstones. New Hampshire also has an Old Graveyard Association . I'm finding it hard to believe that this occured! Did I research the right cemetery? It is so incredible to believe that a park official would do such a thing, especially since the cemetery has been in and out of the internet news in the last few years.

India

This is totally weird, just as the URL indicates. The New Lucky restaurant in India has been serving clients since 1950's . . . in a cemetery.

Central Georgia, Bibb County

A cemetery in Bibb county, Georgia is facing development. The cemetery happens to be over 125 years old and is being side stepped for a Wal Mart. A court hearing is scheduled in January 2008 to discuss the cemeteries. Evidently, this 125 year old cemetery is not the only cemetery in the bulldozers path on the property being developed. I don't know how many of these cemeteries have been transcribed at RootsWeb. Here is a link to the Georgia Bibb County RootsWeb site. From Rootsweb the origins of Bibb county.

Bibb County, Georgia was created in 1822 and named after William Wyatt Bibb
(1781-1820).  Bibb served as a member of the Georgia state house of representatives;
a Senator from Georgia; Governor of Alabama Territory; Governor of Alabama.
Bibb County, AL is also named for him.  The parent counties from which Bibb
County was organized from were Jones, Monroe, Twiggs and Houston.  U.S. Census
reports are available for this county from 1820 to 1930.  The county seat is Macon.

And so we go to Alabama and read at Rootsweb the history of Bibb county, Alabama.

On Feb 7, 1818, Cahawba County was created from Monroe County
by the Alabama Territorial legislature. The name was changed to Bibb
County on December 4, 1820 to honor the first governor of Alabama,
William Wyatt Bibb. In 1992, the population was 17,175 in a land area
of 625 square miles an average of 27.6 people per square mile. The county
seat is locate at Centreville.

Military Funeral Protests

This is totally out of place - protesting at a military funeral? Only the lowest form of life could do such a thing.