The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*419.* _Mail, Obscene Language._—Under the United States postal laws
against sending “obscene, lewd or lascivious” books or papers through the
mail, a person can not be convicted without proof that the matter is
obscene, lewd, and lascivious, as the word “or” should be construed to
mean “and.” Also, the court held that a newspaper article on the doctrine
of the Immaculate Conception written in coarse and obscene language that
offended the religious sentiments of the people, but had no tendency to
induce sexual immorality, did not render the newspaper unmailable nor the
publisher guilty under the United States statutes. The court says: “Those
parts of the article most relied upon to sustain the charge, though
ostensibly a discussion of a religious subject, are couched in language
not quite suitable for insertion in a judicial opinion, however well
adjusted to such applause as might be expected from taste of a certain
degree of degradation.”(753)
*420.* _“__Fair,__”__ Chances, Gambling._—A church “fair” at which chances
are sold, drawings had, or any game of chance permitted, is illegal and
may be punished as gambling.(754)
CHAPTER XXXIII. CEMETERIES
*421.* _Statutes, Land._—There are sufficient statutory provisions on
cemeteries to make a large book, and the frequent changes made in such
laws render a full statement of the law impossible. The statutes against
locating cemeteries near cities, dwellings, etc., should be carefully
examined before buying land therefor.(755)
*422.* _United States, Jurisdiction._—The jurisdiction over the United
States cemeteries is in the State where the cemeteries are located unless
such jurisdiction has been ceded to the United States.(756)
*423.*. _Tombstones, Soldiers_.—The United States will erect tombstones at
the graves of soldiers who served in the Civil War, in all cemeteries
where their graves are unmarked. Wherever the United States has
jurisdiction over cemeteries, it has made it a criminal offense punishable
by fine or imprisonment to deface a tombstone.(757)
*424.* _Indigent Soldiers, Tombstones._—Most of the States have statutes
providing for the burial of indigent soldiers and for putting tombstones
at their graves. The attention of relatives of deceased soldiers should be
called to it.
*425.* _State Authority._—The State Legislature has authority to control
cemeteries or delegate that authority to some one else, and afterward to
transfer it to a different person.(758)
Public-domain text, read in full here on John Shaqi.
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