FAIR PLAY CEMETERY

FAIR PLAY CEMETERY

Tour Notes Provided November 9, 2001
to the
El Dorado County
Cultural Resources Preservation Commission
Cemetery Committee

Researched, Compiled & Written by
Sue Silver
El Dorado County Pioneer Cemeteries Commission

Fair Play Cemetery APN 094-08-03-100

Researcher's Note:

          This is a problem cemetery that the county offices has a great deal of information on. Despite the title report conclusions which the county obtained in August of 2001, we maintain that this cemetery is a county public cemetery through operation of law. It has been used by the people of Fair Play and vicinity since the earliest days of the town.
        It does not appear that Fair Play shows up as an actual county village or town until sometime around 1854. In that year it was created as a "new" election precinct by the board of supervisors. It has remained a "town" or "village" in some size and capacity ever since.
        In 1872, the board of supervisors established the boundaries of Road District No. 3. That district included the "Town of Fair Play." There can be no other explanation that this place was considered a town or a village at every point after it was first mentioned in the county's records. Therefore, through operation of former Political Code Sec. 3105, title to this cemetery that was "used as a public cemetery or grave yard" vested in the people. It is a county public cemetery.
        Even if it hadn't acquired public title through operation of the law, according to the present title report, the "title" to the cemetery remains in William L. Allen, who first excepted the cemetery parcel in a 1922 deed to Leslie Frey and wife.
        In this instance, William Allen and his wife, Minnie (nee Grover) Allen, have long since deceased and are buried at Georgetown Pioneer Cemetery. From genealogical research performed by Suzi Mickus of EDCPCC, the Allen's only had one child, a daughter, who died in 1905 or 1906. They had no other children.
        Therefore, if the county is unwilling to determine that the title to this cemetery vested in the public long before the turn of the 20th Century, they must accept that the title to this property has failed for want of any legal heirs or next of kin. (The California laws of intestate succession define those parties to which property would devolve as being parents, children, and siblings.) This means, then, that the title to the cemetery would revert to the people, the State of California or to it's inferior subdivision, the County of El Dorado. This according to California Government Code Section 182, which states:

"All property within the limits of the State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people."

           This law has been in effect since 1872. It is not permissive, but absolutely requires that the title does revert under these provisions.
        The General Services Department has a first printing of our Interment Identification Listing for Fair Play Cemetery. We have continued our research into the burials at this cemetery and remain concerned about its continued use by those who neither own the cemetery nor maintain accurate or historic records of the burials there.
        The earliest marked grave at Fair Play Cemetery is that of George D. Hicks who died January 30, 1863. The most recent burial occurred in the Spring of this year with the interment of Edward Grant on the authorization of Supervisor Helen Baumann. The earliest death notice of a person to die at or near Fair Play was that of Richard Thomas who died at Fair Play on April 27, 1855. He was a native of Missouri and 24 years old at the time of his death. [Sacramento Daily Union, 5/7/1855; 2-5.]
        The board of supervisors needs to accept the public title to this cemetery either through operation of former Political Code Sec. 3105 (now known as California Health and Safety Code Sec. 8126) or through operation of Government Code Sec. 182. Either way, this cemetery has been used by the public at large for over 140 years, and it is time for a legal authority to accept the responsibility of ensuring that the older unmarked graves are not desecrated by the continued use of the cemetery.
        We believe the cemetery would best be served by closing the present fenced ground to future interments. Should the county desire, it has the power to declare eminent domain on the lands adjacent to the present boundaries and to add land to the present site to allow for continued use by the community it has served. Under no circumstances should further interments be allowed to continue within the present cemetery boundaries.

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