Gamage

Sixteen lot holders in Masonie Cemetery have filed *309 this bill in equity, on behalf of themselves and others similarly situated, to enjoin the Masonic Cemetery Association and its directors from proceeding to disinter and remove bodies buried in the cemetery, and from abandoning the cemetery. The Masonic Cemetery Association and its directors are preparing to act under the mandate of an ordinance of the city and county of San Francisco (No. 8108 N. S.) approved July 9, 1929, the enactment of which ordinance was authorized by what is known as the “Morris Act of 1923.” Stats. Cal. 1923, p. 646, c. 312. The material portions of the Morris Act provide:

The ordinance of the city and county of San Francisco, passed under authority of the Morris Act, in its first section practically follows the provisions of the section of the Morris Act just quoted. It reads as follows:

It further provides that removals shall be begun in 10 months after passage of the ordinance and completed in 2 years, and that such removals shall be made in compliance with regulations to be made by the board of health within 60 days after passage of the ordinance.

There are four cemeteries, Masonic, Odd…