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Dear Sir:

      You have brought forth a very interesting situation.  I must admit I am 
surprised members of the community are so opposed to delaying the final 
committal because of inclement weather conditions.  Delaying burials during 
the winter months was the normal procedure when the vaults were erected 
(usually late 19th century).  The vault is also necessary to store remains 
when new sections are being developed (although lots have been sold) or 
individual family vaults are being erected.

       I know of a situation where a cemetery began selling lots in earnest 
in new sections.  There were quite a few "visitors" in the vault that summer 
waiting for their final resting place to be landscaped.  One woman would come 
like clockwork on all holidays to visit her husband sojourning in the vault.  
Finally, everyone was moved out.  I believe at least a few of the families 
had another small committal service at the graveside.

       Surely there are rules and regulations set up by the Association that 
address delaying burials during the worst months of winter.  That would be 
the first verification to make.  Next, is there notification made to anyone 
purchasing a lot that burials may be delayed.

       When you refer to an Association, the assumption I make is that this 
is a privately owned, nonprofit (as opposed to local government ownership, 
thereby making it "public") cemetery.  Usually, a private business can 
determine their own rules and although some members of a community may not 
like them, they do not have to change due to public pressure.  Of course, no 
cemetery can afford to turn paying customers away.  The Association would 
have to weigh the pros and cons of the situation and do what is best for 
their business.

       Although there are methods to clear the snow and defrost the ground 
enough for burial, I would imagine this is very time-consuming and costly, 
which is perhaps why the Association would prefer to avoid winter burials.  
Whatever reason, I am surprised, too, that a group of people would assume to 
force a private business to conform to their wishes if it is obvious that 
others are willing to abide by the regulations.

       If, as you infer, the Association is part of a "public" entity, then 
shouldn't the situation be discussed by the trustees, with the public's 
input, and decided that way?  If it is a cost constraint, then an option of 
winter burial at an additional cost might be considered.

       I can certainly understand the emotional distress this may cause for 
some people, but there really needs to be an upfront agreement made when a 
lot is purchased.  Although most funeral directors and cemetery sextons would 
prefer pre-need purchase, many are still resistant to that practice also.

       Perhaps a representative from the group (before hiring a lawyer) can 
meet with the Association and discuss the concerns in order to reach a 
mutually satisfactory solution.  If not find a compromise, at least hear a 
reasonable explanation of the current decisions.

       I would be very interested to hear how this progresses and is 
ultimately resolved.  Best of luck to you.

Katie Karrick
Tomb With A View (A Monumental Experience)
http://members.aol.com/TombView/twav.html

> Folks:
>  
> There is a situation developing here on the otherwise-placid isle of 
> Newfoundland which I am trying to better understand, and was hoping that 
> someone on the list may have suggestions.  It relates to winter burials.  
> In most communities, bodies are buried year-round (the cremation rate here 
> is maybe 6-7%).  Given that we have a great deal of snow, this means some 
> significant snow-clearing and ground-thawing for cemeteries.  However, 
> several communities also have vaults, in which they will keep the bodies of 
> those who die between about the 1st of November and the 1st of April.  
> Then, early in April, these bodies are buried (often on the same day, and 
> generally without any ritual).  The body is consecrated before entering the 
> “burial vault” and so needs no further intervention when it is buried in 
> the spring.

>  

> The problem is that many people do not like the winter vault and spring 
> burial practice.  In several communities, large numbers of people have 
> organized and signed petitions to try and get their local cemetery to give 
> people the option of having winter burials.  In one community of 8-10,000, 
> they already have about 4,000 signatures on the petition.  The cemeteries 
> are run by a Cemetery Association, generally composed of clergy and funeral 
> directors and sometimes a few other community notaries.  These Cemetery 
> Associations have resisted the move to a winter burial option, and refuse 
> to even discuss why they oppose it.
>  
> I am wondering if you know of other situations where communities were able 
> to alter the practices of their local cemeteries, especially if they did so 
> through legal means.  If the practices were altered, what were the legal 
> grounds which supported the change?  One group here in Newfoundland is 
> considering hiring a lawyer and taking the Cemetery to court, but they are 
> not sure what grounds to use – is it a matter of human rights (the 
> emotional suffering of the bereaved who undergo two burials for the 
> deceased?) or democratic rights (if the majority of a town votes for winter 
> burials, should not a public body like a Cemetery Association be bound by 
> that decision?).

>  

> If you have any suggestions (or relevant anecdotes), please e-mail me at <A HREF="mailto:[log in to unmask]">
> [log in to unmask]</A>
> Any and all assistance is much appreciated.
>  
> Ivan Emke
> Associate Professor
> Social/Cultural Studies
> Sir Wilfred Grenfell College
> Memorial University of Newfoundland
> Corner Brook, NL
> A2H 6P9  Canada
>  
> 709-637-6200, ext. 6322
> Fax: 709-639-8125
> <A HREF="mailto:[log in to unmask]">[log in to unmask]</A>
>  
>  
> 
> 
> 
> 
>