BACK
MISSOURI FLAT CEMETERY
Correspondence
from
THOMAS D. CUMPSTON
Deputy County Counsel
Dated July 12, 1996
This document was sent by deputy
county counsel, Tom Cumpston, to an attorney retained by the heirs of the
Solomon Fields family who had located the 1872 deed from Charles and Charlotte
Foster to the "Trustees of the Missouri Flat Cemetery."
In 1989, a County Counsel
Opinion had been issued relative to the ownership of the Missouri Flat
Cemetery. According to Mr. Cumpston, its "conclusion regarding
ownership was that a court would probably hold Missouri Flat Cemetery to be a
public cemetery."
While the heirs were
asserting that the Missouri Flat Cemetery "trustees" were trustees of
a Rural Cemetery Association, there was nothing to evidence the
"trustees" had ever incorporated the association as was required by
law. Upon learning of the 1872 deed, Mr. Cumpston inquired as to the
existence of proof that certain criteria established under the 1859 Act allowing
providing for Rural Cemetery Associations, that clearly could not be
found. Mr. Cumpston wrote, "I recognize your clients will fact
[sic=face] practical difficulties in providing sufficient evidence on the above
issues. Clearly it is their burden to do so..."
The closing paragraph in
Mr. Cumpston's letter is very telling and exhibits the county's attitude
relative to public cemeteries. He wrote:
"We will be happy to
re-evaluate the situation jointly with you and your clients based upon the legal
authorities you have provided, whatever evidence your clients can proffer, and
all other applicable law. Perhaps we will conclude together that
litigation, such as a cooperative quiet title action, is the best means
of resolving ownership issues. There seems, however, little benefit to
embarking upon that pat as a first resort."
This attitude that our
county's historic public cemeteries are readily available for transfer to
whoever asks for them, illustrates the county's intention to never follow the
law if it does not have to.
This correspondence is three pages in length and
are presented here together.