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regulation

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Bogert v. City of Indianapolis, 13 Ind. 134, 1859 WL 4747

Facts

The Union Cemetery in Indianapolis was established by private individuals who sold lots in fee simple to private owners. Henry Hobner, the owner of one of these lots, hired undertakers to bury his deceased child in the lot he owned. The city of Indianapolis charged Bogert, who was directed to dig the grave, with violating the cemetery ordinance by interring the body without city permission.

Union Cemetery in the city of Indianapolis, was laid off into lots, about twenty years ago, by a company of private individuals, who were, at the time, the owners of the ground.

Issue

The main legal issue is whether the city council has the authority under its charter to control private cemeteries and enforce ordinances regarding burials within them.

The question in the case is, what power does this provision of the charter confer upon the city council.

Rule

The court examined the city charter's provision that allows the city council to establish cemeteries and determined that it does not grant the council the power to control existing private cemeteries.

We conclude, then, that the city charter does not empower the city council to subject to the control of the city sexton, cemeteries other than those belonging to the city.

Analysis

The court analyzed the language of the city charter and concluded that the power to 'establish cemeteries' does not include the authority to seize control of existing private burial grounds. The court emphasized that the rights of individuals to manage their own burial plots must be respected, and the city cannot impose its regulations on cemeteries that are privately owned.

The incorrectness of the meaning claimed by the city council, for the provision of the charter in question may be further illustrated by a reference to other provisions.

Conclusion

The court reversed the judgment against Bogert, ruling that the city did not have the authority to enforce its cemetery ordinance in this case.

The judgment is reversed with costs.

Who won?

Charles Bogert prevailed in the case because the court found that the city council lacked the authority to regulate private cemeteries, thus invalidating the charges against him.

Henry Hobner had a right to bury his own child in his own lot, being in limits where burial was allowed, without purchasing the consent of anybody.

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