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News Link • Justice and Judges

Man fights to keep wife buried in yard

• http://www.clickorlando.com
 James Davis told The Associated Press he only buried his wife in front of their log home in Stevenson, Ala., because she asked him to when she died in 2009.
 
The city sued to move the body elsewhere, citing a need to avoid setting a precedent, and a county judge has ordered Davis to disinter his wife.
 
However, that order is on hold as the Alabama Civil Court of Appeals considers his challenge to the ruling.

Davis, 73, told the AP he's shocked by the fight.

"Good Lord, they've raised pigs in their yard, there's horses out the road here in a corral in the city limits, they've got other gravesites here all over the place," he said. "And there shouldn't have been a problem."

City Attorney Parker Edmiston reminded critics that Davis lives in downtown Stevenson, not out in the country.

"We're not in the 1800s any longer," he told the AP. "We're not talking about a homestead, we're not talking about someone who is out in the country on 40 acres of land.

1 Comments in Response to

Comment by Dennis Treybil
Entered on:

In 1791, when the Bill of Rights was ratified, and arguably when the Constitution first became complete, the prime mission of all bodies of government in the USoA was to promote the general welfare primarily by maintaining order and repelling invasion.   Order was maintained primarily by 99.44% of the people doing at least about half right 99.44% of the time.  First backup was formal law enforcement with a modicum of deference afforded due process and the courts.  That failing, the militia was available.

But one of the better known mustering of the militia was during the Whiskey Rebellion.  This had to do with taxes, not suppression of rebellion or the repelling of an invasion.

Doubtless, officeholders in all branches were beholden to their backers and acted accordingly.  Yep, cronyism was almost certainly present from the start.

Consider the following cites from the article:

The city sued to move the body elsewhere, citing a need to avoid setting a precedent, and a county judge has ordered Davis to disinter his wife.   . . . . .   City Attorney Parker Edmiston reminded critics that Davis lives in downtown Stevenson, not out in the country. "We're not in the 1800s any longer," he told the AP. "We're not talking about a homestead, we're not talking about someone who is out in the country on 40 acres of land.

Will a single grave in one person's yard lead to a riot?  Will numerous graves in numerous yards lead to a riot?  Will either invite invasion?

Who complained?  Was it a private citizen?  Apparently not. Based on the above cites, the complaint originated in a government office.  So much for supreme power being held (and exercised - or not) by the people at large, as in a republic.

Based on my admittedly limited knowledge concerning circumstances and events attendant to the constitutions framing and ratification, I find the attorney's reference to the 1800's telling.

So much for Jefferson's government that governs least.

DC Treybil


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