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The Legal History of Eastern Cemetery, Part 2

Created in the 1840s, Eastern Cemetery was originally created by two Methodist churches, but would bury people of all faiths. Much the same as Western Cemetery, it was situated in what was at the time the eastern-most end of the city of Louisville. The owners were originally the Eastern Cemetery Company, which would eventually become Louisville Crematory and Cemeteries (LCC) and own two others. Some of the earliest records of burials in local newspapers date to around 1849, with notes regarding those who died of cholera amongst those buried. The earliest actual obituary I came across comes from the Daily Courier, August 27, 1858, for one Alfred Nauts who died of yellow fever at the age of 28. After the turn of the century it would build Kentucky’s first-and for a long time only-crematorium, meaning the company held a monopoly on cremation for much of its history.

Much the same as its neighbor Cave Hill, Eastern also holds a number of Civil War dead. There’s something special about the dead here, however. Many of the war dead at Eastern were Black. And that’s because Eastern was one of the few cemeteries in Louisville that interred Black bodies. Separate, but still buried never the less. The availability to the Black community allowed it to hold important Black Louisvillians, and continued to be a main cemetery alongside Greenwood-another cemetery that was eventually owned by the LCC-for the BIPOC community as the years progressed.

In fact, the cemetery interred many people that most others wouldn’t, although more out of greed than any sort of service to others. One of the first complaints lodged against the owners came in 1885. A quote from the former governor Luke P. Blackburn-who at the time ran a nearby sanitarium-from the article titled “Complaints About a Cemetery” gives the clearest picture of these: “I think it would be a good thing for the city to investigate the manner in which the paupers are buried there. I have been informed that they frequently pile them two and three in one shallow grave and cover the coffins with about six inches of dirt. The fence is broken in some places and the hogs are in the habit of getting in and rooting in the graves. If such is the case the matter ought to be looked in to at once, as the result would be disastrous in the summer and be the cause of much sickness.”

Although the cemetery owners denied the allegations, this would be just the start of many complaints. Talk regarding the cemetery being nearly full goes all the way back to at least 1912. That same year, a peculiar incident happened at the cemetery. An article in the Courier-Journal titled “Man Declares Body was Buried in Grave with His Father and Mother” tells us of the body of one William Clark having been recently buried. Problem was, he appeared to have been buried in the plot for the parents of J. W. Hardin. Both had been buried around twenty years prior. The cemetery’s superintendent steadfastly denied this was the case, and Hardin was obviously mistaken despite Hardin claiming to have the deed to the plot in his possession. Knowing what we do, chances are our friend Mr. Hardin was not mistaken. Instead we’re given a glimpse into just how long these crimes had been going on-and makes us wonder just how many people knew.

Numerous complaints would continue to be lodged into the years just before the crimes of LCC were blown wide open. Even after the company fell and a new receiver was put in place, things did not get better.

In the spring of 1997, the Omnia Church of God was appointed as receiver, whose sole officer, Maurice “Mo” Phillips, took over responsibilities. Accusations once again surfaced within a year. Mounds of dirt-much of it filled with debris-were found dumped around the cemetery. Chunks of concrete, bricks, wood, and soil covered graves. Phillips claimed it was to fill in graves and other holes, but many people found this to be suspect. The rest of the cemetery didn’t fare better, despite efforts by volunteers and even the city, and despite Phillips being paid by the city to maintain the property. The complaints and suspicious withdrawals of money from the funds for the cemetery caused an investigation to be launched into Phillips. Allegations beyond the lack of upkeep included throwing out important historical documents of the company and cemeteries and misuse of cemetery funds. An investigation revealed that he had been funneling money from those funds into other accounts, notably those of his and his wife’s own personal bank accounts. Phillips was removed from receivership on February 14, 2001, and booked on 26 counts of theft and various counts of forgery on July 24, 2001. (see Commonwealth v. Phillips) Once again, justice wouldn’t be seen through, as Phillips died in 2005 before the case was resolved. Another receiver was not put into place.

Eastern-and all other properties of LCC-have sat without a caretaker for nearly 20 years now. It hasn’t been completely forgotten, however. A volunteer run group-Friends of Eastern Cemetery-has taken to trying to clean, mow, fix headstones, and spread awareness of the problems. Headed by Andy Harpole, it helps keep the place from falling into complete and total disrepair, as well as discouraging looters and other sorts of damaging behavior. However, there is only so much a non-profit, volunteer run group can do. Years of neglect have taken its toll. So, what now? What can be done legally for the place?

Not much. Unlike many surrounding states, Kentucky hasn’t much law regarding abandoned cemeteries. There’s only one statute that regards them, and it’s only in regards to cities needing the land a cemetery is on. What’s more, should anyone ever take ownership of the cemetery-whether city, state, or something else-law would require them to surmount what is essentially an impossible hurdle. Ky. Rev. Stat. § 307.300, regarding improperly interred remains, demands that any and all remains must be reburied/reinterred, and the expense must be paid by the cemetery. Considering the state of the remains-mixed and half-complete with most of the records also incomplete-this is impractical at best. In addition, the costs-estimated to be around $59 million in 1989-are out of reach for any entity. It would seem that, for the time being, Eastern Cemetery will remain in legal limbo.

Today, despite it all, the cemetery makes for a peaceful fall walk. There is a sad, gothic beauty in the numerous weathered stones. The Loomis building, a landmark in the cemetery, provides a perfect haunting image that speaks to the cemetery’s Victorian origin-even if it was built nearly fifty years after. I often find myself taking many pictures while I’m there. Some of the beautiful stones I find. Others of the shockingly sad state of the place. A state that is fragile and still under threat. One visit had me witness a police cruiser chase out a woman who had been searching the place to find scrap metal (usually stolen from markers) while she hurled insults. When I asked Andy Harpole (who I was lucky enough to run into while there) he informed me this wasn’t at all uncommon. It serves as a grim reminder that despite all that’s transpired, Eastern Cemetery is still at risk, and still the victim of many atrocities.

Sources:

• Ask Injunction: Lot Holders File Suit Against Cemetery Board, Courier-Journal, March 16, 1915, at 6.
• Commonwealth v. Phillips, 2003 Ky. App. Unpub. LEXIS 104, 2003 WL 21949436
• Complaints About a Cemetery: Serious Rumors Regarding the Condition of the Pauper Graves in the Eastern Cemetery, Courier-Journal, February 3, 1885, at 8.
• Facing East (Ronin Noir Films 2019).
• Kentucky Revised Statutes
• Man Declares Body was Buried in Grave with His Father and Mother, Courier-Journal, October 31, 1912, at 5.
• The River and Weather, Louisville Morning Courier/Courier-Journal, June 29, 1849, at 3.
• Rest, Comrades, Rest: Memory of Dead Union Soldiers Honored by Brothers-in-Arms, Courier-Journal, May 31, 1893, at 6.