In accordance with the requirements of an order issued by Justice Franklin Fort, of the Supreme Court of the State of New Jersey, July 3d, 1901, the following statement of the proceedings of the Board of Health of the State of New Jersey in relation to the application of John H. Francisco and others to locate a new cemetery in the town of Bloomfield, is herewith submitted. Said statement covers all of the proceedings of the Board of Health of the State of New Jersey had with reference to said application. The following is a list of the documents herewith presented: 1. Application of John H. Francisco and others for permission to locate a new cemetery in the town of Bloomfield. 2. Copy of a portion of the minutes of a regular stated meeting of the Board of Health of the State of New Jersey, held in the State House, Trenton, April 9th, 1901. 3. Copy of a portion of the minutes of a special meeting of the Board of Health of the State of New Jersey, held in the State House, Trenton, May 14th, 1901. 4. Copy of a portion of the minutes of a meeting of the Board of Health of the State of New Jersey, held in the State House, Trenton, June 28th, 1901. 5. Copy of report of the standing committee of the Board of Health of the State of New Jersey on cemeteries, burial and transportation of the dead, concerning the application of John H. Francisco and others to locate a cemetery in the town of Bloomfield. 6. Copy of opinion of Attorney-General Samuel H. Grey, dated March 20th, 1901. 7. Copy of petition of John H. Francisco and others to the town council of the town of Bloomfield to locate a new cemetery in said town. 8. Copy of resolution passed by town council of Bloomfield, granting application of John H. Francisco and others to establish a new cemetery in the town of Bloomfield. 9. Copy of statement of facts presented by Halsey M. Barrett, Esq., at a hearing given by a committee of the Board of Health of the State of New Jersey in the matter of the application of John H. Francisco and others for consent to locate a new cemetery in the town of Bloomfield. 10. Copy of argument of counsel for petitioners. 11. Copy of petition of thirty-two residents of the district in which it is proposed to locate the new cemetery in the town of Bloomfield. 12. Copy of statement by three Lutheran clergymen. 13. Copy of opinion of Robert H. McCarter, Esq. 14. Copy of communication from Rev. M. S. Waters. 15 Copy of petition to locate board of health of the town of Bloomfield. 16. Copy of petition of persons opposed to granting consent to the location of a new cemetery in the town of Bloomfield. 17. Copy of petition of persons favoring the granting of consent to the location of a new cemetery in the town of Bloomfield. 18. Same as next above.

TRENTON, N. J., July 18th, 1901.

HENRY MITCHELL,
Secretary.

1. APPLICATION OF JOHN H. FRANCISCO AND OTHERS FOR PERMISSION TO LOCATE A NEW CEMETERY IN THE TOWN OF BLOOMFIELD.

To the Honorable the State Board of Health of the State of New Jersey, Trenton, N. J.:

GENTLEMEN-Your petitioners, John H. Francisco, Charles H. Barkhorn, Theodore F. Lemassena, Rev. Masheim S. Waters, all of the city of Newark, in the county of Essex; Otto E. Schaeffer, of the town of Montclair, in the county of Essex; Rev. Eugene E. Neudewitz and Rev. Elmer W. Fulper, of Jersey City, in the county of Hudson, respectfully show:

1. That on December 24th, 1900, they made application in writing to the town council of the town of Bloomfield, and also to the board of health of the town of

Bloomfield, in the county of Essex, praying the consent and approval of the municipal authorities and board of health of the said town of Bloomfield to the location of a new cemetery in said town, upon premises shown on a map accompanying said petition and filed therewith with the town clerk, which premises contained about thirty-six acres of land, a copy of which map was filed with your Honorable Body, the State Board of Health, on Tuesday, April 2d, 1901; and they respectfully prayed the consent and approval of the municipal authorities and board of health of the said town of Bloomfield, in which it is proposed to locate said new cemetery.

2. That on December 24th, 1900, their said application was referred to a committee of the town council for its consideration, and that at the next regular meeting of the town council, held on January 7th, 1901, the committee reported to the council that they had examined the locality and also had inquired of persons who might be interested, and that there was no objection from any source to the granting of the application, and recommended that the council give its consent to the location of a cemetery, as prayed in said petition That action on the committee's report was deferred for two weeks, and on January 21st, the next regular meeting of the council, no objection being made either by citizens or by any members of the council, a consent to the location of such new cemetery was granted by the town council of Bloomfield, a certified copy of which consent is in the possession of your petitioners and is as follows: WHEREAS, John H. Francisco and others have petitioned the town council of the town of Bloomfield, and the board of health of said town of Bloomfield, praying the consent and approval of the municipal authorities and board of health of said town of Bloomfield to the location of a new cemetery in the town of Bloomfield, upon the premises shown on the map accompanying said petition and filed therewith on January 7th, 1901, which premises contain about thirty-six acres, and are bounded on the north by Franklin avenue, on the east by the line of the township of Belleville, on the west by a right of way known as Davey's lane, and extending back on the south to Third river and the raceway thereof, and other lines as shown on said map; now, therefore, be it

Resolved, That the town council of the town of Bloomfield, in the county of Essex, being the municipal authority of said town, do hereby consent to and approve of the location of a new cemetery in the town of Bloomfield, upon the premises shown on the map accompanying said petition of John H. Francisco and others, and this consent shall take effect when the board of health of said town of Bloomfield shall have given a like consent to and approval of the location of said new cemetery, as prayed in said petition.

A true copy of a resolution passed by the town council of the town of Bloomfield February 4th, 1902. [L. S.]

WM. L. JOHNSON,

Town Clerk.

3. That the application of your petitioners was then presented to the local board of health of the town of Bloomfield, at its regular monthly meeting held on February 21st, and on motion was laid over to be considered at an adjourned meeting of the board of health to be held on Tuesday, March 5th, at which time said local board of health passed a resolution refusing said application.

4. That there are but two incorporated cemeteries in the town of Bloomfield. One is the old cemetery known as the Bloomfield Cemetery Company, of which the larger

part is within the present limits of the borough of Glen Ridge, and about one-third of whose area is in the present limits of the town of Bloomfield. The other is a Roman Catholic cemetery.

5. Your petitioners further show that no objections were made to the granting of their said application before the town council of said town of Bloomfield, and that the only objections stated to the board of health in opposition to the granting of said application was that certain persons, residents of said town, did not desire an additional cemetery in said town; that it was freely conceded at the meeting of said local board of health that the proposed location of such new cemetery was wholly free from objection from any sanitary consideration, or on any grounds relating to the healthfulness of the inhabitants of the town of Bloomfield.

6. That by reason of the refusal of the local board of health of the town of Bloomfield to grant your petitioners' application for the location of a new cemetery as prayed for in said petition, and shown on said map, your petitioners hereby apply to the State Board of Health to reverse the decision of the local authorities so far as relates to the refusal of the local board of health to grant said application, and hereby apply to your Honorable Body, the State Board of Health, to grant the said application for the location of a new cemetery in said town of Bloomfield, in the county of Essex, upon the premises containing about thirty-six acres, shown on the map heretofore filed with your Honorable Body.

John H. Francisco, Charles H. Barkhorn, Theodore F. Lemassena, Rev. Masheim S. Waters, Otto E. Schaeffer, Rev. Eugene E. Neudewitz, Rev. Elmer W. Fulper. By Halsey M. Barrett, attorney for the above-named applicants.

Dated April 5th, 1901.

2. COPY OF A PORTION OF THE MINUTES OF A REGULAR STATED MEETING OF THE BOARD OF HEALTH OF THE STATE OF NEW JERSEY, HELD IN THE STATE HOUSE, TRENTON, APRIL 9TH, 1901.

"The application of John H. Francisco and others for the reversal of the decision of the board of health of the town of Bloomfield, Essex county, relating to the establishment of a cemetery, was read. On motion of Col. Olcott, the application was referred to the standing committee on cemeteries, burial and transportation of the dead, and the secretary was authorized to call a meeting of the board as soon as the report of the committee is ready for presentation."

3. COPY OF A PORTION OF THE MINUTES OF A SPECIAL MEETING OF THE BOARD OF HEALTH OF THE STATE OF NEW JERSEY, HELD IN THE STATE HOUSE, TRENTON, MAY 14TH, 1901.

"The application of the Bloomfield Cemetery Company for reversal of the decision of the local board of health was considered, and Mr. Olcott made a statement as to the need of a cemetery in that locality. The report of the committee on Bloomfield cemetery application was read and placed on file."

4. COPY OF A PORTION OF THE MINUTES OF A MEETING OF THE BOARD OF HEALTH OF THE STATE OF NEW JERSEY, HELD IN THE STATE HOUSE, TRENTON, JUNE 28TH, 1901.

"On motion it was ordered that the action of the local board of health of the town of Bloomfield, in refusing to grant permission for the establishment of a cemetery by John H. Francisco and others, is hereby reversed, and that the application of said John H. Francisco and others for the establishment of said cemetery is granted."

5. COPY OF REPORT OF THE STANDING COMMITTEE OF THE BOARD OF HEALTH OF THE STATE OF NEW JERSEY ON CEMETERIES, BURIAL AND TRANSPORTATION OF THE DEAD, CONCERNING THE APPLICATION OF JOHN H. FRANCISCO AND OTHERS TO LOCATE A CEMETERY IN THE TOWN OF BLOOMFIELD.

To the Board of Health of the State of New Jersey:

GENTLEMEN-Following is a copy of an application received at the office of the Board of Health of the State of New Jersey, dated April 5th, 1901, for the reversal of the decision of the local board of health of the town of Bloomfield and the granting of said application:

To the Honorable the State Board of Health of the State of New Jersey, Trenton, N. J.:

GENTLEMEN-Your petitioners, John H. Francisco, Charles H. Barkhorn, Theodore F. Lemassena, Rev. Masheim S. Waters, all of the city of Newark, in the county of Essex; Otto E. Schaeffer, of the town of Montclair, in the county of Essex, Rev.. Eugene E. Neudewitz and Rev. Elmer W. Fulper, of Jersey City, in the county of Hudson, respectfully show:

1. That on December 24th, 1900, they made application in writing to the town council of the town of Bloomfield, and also to the board of health of the town of Bloomfield, in the county of Essex, praying the consent and approval of the municipal authorities and board of health of the said town of Bloomfield to the location of a new cemetery in said town, upon premises shown on a map accompanying said petition and filed therewith with the town clerk, which premises contained about thirtysix acres of land, a copy of which map was filed with your Honorable Body, the State Board of Health, on Tuesday, April 2d, 1901, and they respectfully prayed the consent and approval of the municipal authorities and board of health of the said town of Bloomfield, in which it is proposed to locate said new cemetery.

2. That on December 24th, 1900, their said application was referred to a committee of the town conncil for its consideration, and that at the next regular meeting of the town council, held on January 7th, 1901, the committee reported to the council that they had examined the locality and also had inquired of persons who might be interested, and that there was no objection from any source to the granting of the application, and recommended that the council give its consent to the location of a cemetery, as prayed in said petition; that action on the committee's report was deferred for two weeks, and on January 21st, the next regular meeting of the council, no objection being made either by citizens or by any members of the council, a consent to the location of such new cemetery was granted by the town council of Bloomfield, a certified copy of which consent is in the possession of your petitioners, and is as follows:

WHEREAS, John H. Francisco and others have petitioned the town council of the town of Bloomfield and the board of health of said town of Bloomfield, praying the consent and approval of the municipal authorities and board of health of said town of Bloomfield to the location of a new cemetery in the town of Bloomfield, upon the premises shown on the map accompanying said petition, and filed therewith on January 7th, 1901, which premises contain about thirty-six acres, and are bounded on the north by Franklin avenue, on the east by the line of the township of Belleville, on the west by a right of way known as Davy's lane, and extending back on the south to Third river and the raceway thereof, and other lines as shown on said map; now, therefore, be it

Resolved, That the town council of the town of Bloomfield, in the county of Essex, being the municipal authority of said town, do hereby consent to and approve of the location of a new cemetery in the town of Bloomfield, upon the premises shown on the map accompanying said petition of John H. Francisco and others, and this consent shall take effect when the board of health of said town of Bloomfield shall have given a like consent to and approval of the location of said new cemetery, as prayed in said petition.

A true copy of a resolution passed by the town council of the town of Bloomfield, February 4th, 1901.

[L. 8.]

WM. L. JOHNSON,

Town Clerk.

3. That the application of your petitioners was then presented to the local board of health of the town of Bloomfield at its regular monthly meeting, held on February 21st, and on motion was laid over to be considered at an adjourned meeting of the board of health, to be held on Tuesday, March 5th, at which time said local board of health passed a resolution refusing said application.

4. That there are but two incorporated cemeteries in the town of Bloomfield; oneis the old cemetery known as the Bloomfield Cemetery Company, of which the larger part is within the present limits of the borough of Glen Ridge, and about one-third of whose area is in the present limits of the town of Bloomfield. The other is a Roman Catholic cemetery.

5. Your petitioners further show that no objections were made to the granting of their said application before the town council of said town of Bloomfield, and that the only objections stated to the board of health in opposition to the granting of said application was that certain persons, residents of said town, did not desire an additional cemetery in said town; that it was freely conceded at the meeting of said local board of health that the proposed location of such new cemetery was wholly free from objection from any sanitary consideration, or on any grounds relating to the healthfulness of the inhabitants of the town of Bloomfield.

6. That by reason of the refusal of the local board of health of the town of Bloomfield to grant your petitioner's application for the location of a new cemetery as prayed for in said petition. and shown on said map, your petitioners hereby apply to the State Board of Health to reverse the decision of the local authorities so far as relates to the refusal of the local board of health to grant said application, and hereby apply to your Honorable Body, the State Board of Health, to grant the said application for the location of a new cemetery in said town of Bloomfield, in the county of Essex, upon the premises containing about thirty-six acres, shown on the map heretofore filed with your Honorable Body.