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HISTORY OF .~ ~ t!. ~

MOUNT ZION UNION CEMETERY ~ . ~

ASSOCIATION, INCORPORATED • ~~

...tA.. 'fS] -S (7 6L{

by

C ,MPLJME TARY

..... ---- .. ,,-.-~

FOREWARD

The following pages relate an unusual story about a cemeter,y that lega1~

exists today and so do the bodies.

Man started burying his dead when he started planting crops, or 11,000 B.C.

For the most part graves since then have been regarded as somewhat sacred.

Today there is a wreckage at the bottom of the East River in New York City dating back to the Civil War. The treasure has not been brought up yet because of the 80 to 100 skeletons still on the ship. They have not yet decided what

to do with the remains, so ever,ything is on hold.

When you land at the St. Louis Airport you flY over an old cemetar.r at the

end·of the runw~. The airport ~s to use the airspace over the cemeter.y as

they were not allowed to disturb the graves.

This is how other places view the sanctity of the dead who , by the way, do

have rights. However in Iowa numerous cemeteries have been covered over with

farm ground and planted in crops ever.y spring. If the fa~er ever tiles his land, as has happened, the tiling machines can plow a furrow deep enough to tear through an7 casket or vault like it didn't exist.

What is worse was the lack of concern for the dead in the community that I en-

countered while researching this. As things stand now in Iowa, any cemetery in,

existance can be vandalised and plowed under and it is no big deal unless of

course we are talking about your mothers grave, then it becomes a different

situation.

What you are about to read would not be possible without the help of William H.

Lemke, who wrote the following page. He will also be writing the legal opinion to

this under a separate cover. Special thank you's go to others who shall remain

nameless, and to the Attorney General of Iowa and the Blackhawk Count,y Attorneies

Office.

To Whom it May Concern:

"R.I.P" on a tombstone means "Rest in Peace." It is extremely sad that many graves are unmarked because there was no one left who cared enough to mark the grave. However, it is deplorable when no one cares enough to protect and maintain even minimally a marked grave in an established cemetery. This has happened in the Hewitt Cemetery near Waterloo just north of the John Deere Northeast Site.

I remember this small plot of ground with the twisted cedar trees and the tilted stones as a small boy 50 years ago. My father spoke

of it as a children's cemetery because of the predominant number of children buried there. My father, Henry Lemke, moved to the Lemke farm on Idaho Street in 1889 with his parents and lived there until his death in the 1970s. I remember him speaking of the Barron, Turner, Morgan and Holdiman families: alt true pioneers in the settling of this area. Do these families not deserve better than unmarked graves for their loved ones?

Is not a cemetery consecrated ground? I thought of this as I drove a team and wagon past this small plot in the 1940s and saw it being desecrated by a herd of grazing milk cows. A few years ago as I moto~cycled down this same road I saw the same old cedar trees --

but where were the stones? There was no cemetery. There was the front lawn of a fine new home with the same old gnarled cedars. What despoiler had removed the stones? Are we not civilized enough to protect the graves of our pioneers?

Our nation has gone to great lengths to hallow the final resting places of war dead, and rightfully so. Are not our pioneers important, also? They gave theit lives too in the making of this country.

The winters were no less harsh, the summers no coo Le r, the rains did not always fall in time, crops were not always bountiful. There were no roads, no doctors, little medicine and poor markets. The ultimate degradation, I feel, is to lie in an unmarked grave in some despoiler's front yard as if they had never been alive."

May my parents' and grandparents' graves not suffer this fate. I do not care for myself as I have contributed little. Rest In Peace.

William H. Lemke 149 Madison Waterloo, IA 50703

MOUNT ZION UNION CEMETERY

Daniel and Mary Hewitt received a deed in October 1882, for an eighty acre farm. It is ~ understanding he was the first owner of the land and purchased it from

the Government. Daniel Hewitt and Mar,y E. Hewitt then deeded some land on their

farm for use by a newlY for.med Lutheran church. This transaction took place Nov-

ember 8, 1883. (Land Deed 43; Page 424). This is how the Mount Zion Evangelical

Lutheran Church got started. One of the founders of the church had been a Lutheran

minister before going into farming and raising a familY. His familY must have been

raised by 1895 because he became active in the Methodist Church as a minister, and

the Lutheran Church became a Methodist Church in 1895 or earlY 1896.

Daniel and Mar" Hewitt then deeded the land to the Mount Zion Methodist Episcopal Church on April 30, 1896. (Land Deed 55; page 5) The founding minister then left

to minister in a church in South Dakota in 1896 after this time.

In the court house records I was told this land was 7.5 acres and is recorded in

2-4 on page 95. Subsequent numbers needed to look this up were 33-1601-00-096-00-0. A new number to describe this parcel will be 891209476002, future date of use is

or was unknown. Anyway this land is the S.E. S.E. 989-12. It is my understanding

these acres were for the church, cemeter,y, and to the South a parsonage or house.

A division within the church was starting to brew two years earlier. John and Elizabeth Emert conveyed lots 1,2,&3, in bloC~within the town of Dewer, to the Mt. Zion Evangelical Lutheran Church on August 16, 1894. These same lots in block #1

changed ownership again from Mt. Zion E. Lutheran Church too Mt. Zion Methodist

Episcopal Church on April 25, 1896. (See Abstract #117758, page 6, item 11 & 12)

The split was started by Amos Adam and. John L. Maurer, who wanted the church in

the town of Dewer. The farm families between the church and Waterloo wanted the church

to stay. (See last page on historical side notes)

By 1900 the split in the church was really starting to widen. A Quit Claim Deed was recorded August 19, 1901, (60-568) in which Charles L. Walker, Mary B. Walker,

and Nettie A. Walker, transferedto the Methodist Church 3/4 acre of land for $100.00.

This deed was probably just for the cemetar,y itself in order to protect the graves in the future. The split became final in 1905 wpen the church building was moved to Dewer and its present location. The parsonage was left as it was not needed.

I have enclosed a picture of the church provided by Mrs. John L. Winder, taken

in 1944. Please notice the six sided open steeple. The congregation of the church was disbanded about 1945 as lot 2 and 3 in block #1 were sold October 19, 1945, to the Hemsath family. The building became the Dewer town hall about 1947 or 1948, and because of roof leaks the steeple was remo~ed many years later.

When the church was moved a lot of the congregation traveled to church in Waterloo and the small community could not keep the church going.

With the church moved, we now have 3/4 of an acre of land where there is a cemeter.r. What is unique about this is that the area for the cemeter.r is marked with Red Cedar trees. These trees grew along the river named the Red Cedar River, now known as the Cedar River. It is believed these trees grew along the river originally and were moved here by the church founders as a landmark.

Of the original eighty acres, 36.96 acres of land "EXCEPI' THE CEMETERY" started changing hands within the Turner family in 1932.

Cecil Brown owned it for awhile and sold it to Frances June Carlson in 1960 on contract. Deed transaction 126-334, "EXCEPT THE CEMETERY".

Ms. Carlson (480-699 "EXCEPl' THE CEMETARyn) sold it to EdithO. Barringer (519-304 "EXeEPl' THE CEMETERY") who sold it to Mr. Buehler Feb. 6, 1975. He in turn sold off .thirty plus acres to Mr. Jim Ryan on Dec. 19, 1983, who owned the adjoining farm. Mr. Buehler kept the area where the parsonage, church, and cemetery were for a house that he built.

Please keep in mind the cemetery stones were in place when Mr. Buehler purchased the land surrounding the cemetery. His land purchase was "EX.cEPr THE CEMETERY".

I talked with several relatives who gave me the names of people they believe to be still

buried in the cemeter.y. Some of the names were repeated to me more than once. There still

exists one living relative who remembers attending funeral services as a child in the

1890's at the Mount Zion Union Cemetar,y. He is Howard Bunn and was about age 94 when I talked to him in early 1986. He was born and grew up close to the church. He was baptised ·June 28, 1901 in the church, and his sister is still buried in the South-East corner

of the cemetery-. Below is a partial known census of Mt. Zion Union Cemetery;

1. CORA BUNN, died age three, 1883, first grave S.E. corner

2. CHARLIE CLINTON MYERS, born 11-24-1884 died 1-16-1885 3u OSCAR JACKSON, born 3-18-1838 died 2-26-1893

4. JOSEPHINE CHORPENING BARRON, born 1-3-1846 died 2-19-1898

5. DAVID AUSIN BARRON, born 1~-27-1844 died 6-10-1899 (Josephine & David were marriea)

6. ALVIN WESLEY MIER, born 6-27-1900 died 7-30-1903

7. HENR.."1 MIER, age two, dates unknown

8. BERT ACKERMAN, child, dates unknown~

9. FRED ~CKERMAN, child, dates unknown one of these children died in a slew burn-off

10. LOUIS· ACKERMAN, child, dates unknown

11. WARREN RUSSEL BROOKS, infant, dates unknown

12. JOHN TURNER, age 45, died about 1900

13. AMY TURNER, infant, n n n

14. BERTHA TURNER, infant, " 1t It

15. MARY TURNER, infant, n n II

16. JOHN VEACH,adult, died 1880, intered 1900, see last page of historical side notes

17. SARA VEACH, John's wife, died 1916, may be iiltered, see last page ,. " It

18. baby brother of a MR. CLAUDE HOLDIMAN

19. HATTIE MAY MYERS HOLDIMAN, born 1-25-1888, died 9-26-1915

20. MISS THORNBERRY, died as a young girl 1915 or 1916

21. LOYDE MYERS, 5-19-1912 died 11-15-1912

22. t adult male, vict~ of suicide, about 1900

. 23. FRIEDLY family members buried here according to Howard Bunn, no names recalled. 24.

25.

The graves still in existance could number thirty or more, with no one around to

remember them or the dates that they lived. .

A Land Deed Record 671, page 354 dated December 11, 1912, rededicated this land from the MOUNT ZION METHODIST EPISCOPAL CHURCH too the MOUNT ZION UNION CEMETERY, a corporation and association. The trustees of the church became the corporation and they signed this deed stating, ••• "we do hereby covenant to WARRANT and DEFEND the title to said real estate" ••• forever. One thing I have learned about churches in general .. : .. is that people that do not tithe do not matter, and the dead do not tithe.

A Charlotte Turner Lichty, born 1912, remembers cleaning the cemeter.r as a child and her Uncle Louis Turner 6~ing that he feared some day people Would forget about those buried

in the cemeter.r. His fears are now realized. Charlotte also remembers flags in the cemeter.r and feels Civil War Veterans are buried there. She drew the picture, next page, from memor,r at the age of 74, and is representative from the way she thinks it was and based on what . see saw at age ·9. Please keep in mind the church was already moved when she saw this area, 80 the barn reallY sat farther left.

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'WINDOW

When Mr. Buehler built his house and the cemeter,y stones cleared away the relatives were outraged.

A Warranty Deed was drawn up (book 526;page 769) conveying the cemetery from Kenneth and Kay Buehler to Kenneth and K~ Buehler for the sum of one dollar. This was signed by the Buehlers and W. David Tyler (lawyer/Notary Public) on the ninth of February 1976. (See deed next page)

Eldon Ebert heard about what was going on and tried to talk to several people in the area but nobo~ would tell him anything, so he dropped it altogether.

In going through the files at the Blackhawk County Court House, I pulled the yellow card on this property. (See yellow card next page below deed) The cemeter,y land

has always been and still is today exempt from taxes. A notation on the card said, "B526-769 Buehler to Buehler deed has no legal backing. Cemetery not vacated- no legal paper selling to Kenneth Buehler." Somebody ten years earlier wrote that for ~omeone like me to find, and I found it.

I expressed my concerns to the Attorney General of Iowa in Nov. 1985. This was not the only cemetery: problem in the state, but I did not know it at the time. Arf1way, what was in past years a felony, became a simple misdomeaner with Iowa Law 566.31, 566.32, 566.33, & 566.34, dated March 20, 1986. I will not even go into how many people could have been jailed for letting this happen in the county.

A record of this cemetery can be found or easily located if you know where to look. The Mayors Conference Room in City Hall (Waterloo) has a large colored map on the

wall of Blackhawk County made in 1983. Follow N. Elk Run Road to the green cemetery area and read the red script. This map made eight years after cemetery was cleared off. Or you can refer to the Blackhawk County Plot Book. In 1985, Mt Zion Union Cemetery

is featured on page 10, with a cross marking where the cemetery exists or is supposed to exist.

The best one I like to refer to is the United States Dept. of Agriculture Soil Survey of Blackhawk County, Iowa. The one I looked at was issued in December 1978, and the cemetery is marked with a cross on sheet number 26. Keep in mind these are

actual recon aerial photographs ;you are looking at. By the way, U.S. Government Soil Surveyls are recognised\~he courts as proof or evidence.

All of the information written about so far is only. ~be half of what Bill Lemke

and myself collected in all. The letters from attorneys stating laws, opinions,

and precidence within Iowa fill a brief-case.

I want to emphasize and B~ thank you again to those who contributed but must go

unmentioned because of their job or position. This thing could have been buried and

alot harder to find if it was not for those who wanted it known.

O~~t,~

Orrin E. Miller

There are two more cemeteries in Blackhawk County that are lost and planted in corn.

There are two more cemeteries in adjoining counties that are also planted in corn.

There is no use in persueing the others if nothing is going to be done about this one.

HISTORICAL SIDE NOTES

The church was originaly started in 1883. The rail road camped on the Emert Farm

in 1886, soa town was plotted in Oct. 1886, and received a Post Office in 1887.

The Post Master General said to change the town name from Emert, because it was

too much like Emmetsber~n Palo Alto County and Emmet in Northwest Iowa. The foreman of the crew laying -irack had the last name of Dewar so that is how the town

got its name. For years after the mail between Dewar and Denver, Iowa got mixed up. When the church was moved it no longer had a full time preacher. The preacher came from Raymond, where he also had a church. This is why they did not move ,the parsonage. John Veach bought the land for his farm from the government in 1856. When he died Januar.y 21st, 1880, he was buried on his farm. Maybe fifteen years later his bOQ7 was moved to the Nt. Zion M.E. Cemetery. John's wife" Sara J. Veach, died about 1916 in Waterloo and could be buried with her husband. This farm today belongs to Ed Schmitt of 3244 Crane Creek Road. This same farm owned by I.Q. Vail at one time and his house was 80 rods from the house at 3244 Grane Creek Rd. tod~. I.Q. Vail had a son named Theodore Vail and this is where Theodore grew up. In later years, Theodore Vail would become I.T.T.1,S first president.

The town of Dunkerton was plotted one week before Emert was plotted, on the Dunkerton farm. Thats where the Dunkerton name came from.

A lot of the children could have died of diptheria as this was common in those days. Hence the high rate of children in the cemetery.

Bill .~mke and myself traveled around the county check existing cemeteries-with the records provided from Des Moines. One thing we noticed was that all stomes before 1920 faced east or west. OnlY newer stones faced north & south or angles in between.

We guess it is for better illumination from sunlight, maybe less wind damage, or religious reasons since lost to us.

I was told of a Mr. & Mrs. Harrison Lindsey buried in Mt Zion for a number of years. When the son had the parents disintered, he wanted the caskets opened. The mother

had Bupposed~ turned to stone and looked the way she did when she was buried. A circus heard of this and wanted to display the remains, but the son refused. Where the bodies were moved to is unknown.

NOTES

• AUj. 2. 1'1'71 'Li~d·~- '00 '::'''''J~.",r A~·:J- ('1 ~ I· ........., eJ ,J--~<:/ J ~lL

i Judge grants title of cemetery land to couple

~ ,

,

By ANN LANGEL Courier Staff Writer

A judge has granted ownership of disputed land to a couple while ordering them to maintain part of it as a cemetery.

In a ruling Wednesday Judge George Stigler granted to Kenneth and Kay Buehler title to the land known as the Mount Zion Cemetery on North Elk Run Road. He also ordered the Buehlers to recover grave markers and restore the cemetery property.

With the ruling, a lawsuit filed in 1986 has come to an end. Relative" of some of the people reportedly buried on the silt: where the Buehlers

live filed a lawsuit to force the Buehlers to restore the cemetery.

The suit had been settled with some parties in December, but local historians Orrin Miller and Bill Lemke, and Phyllis Morgan, who has a relative buried there, did not go along with the agreement.

Stigler's ruling pertains to their remaining objections. A hearing was conducted July 11.

The three plaintiffs said the.

Buehlers were aware a cemetery existed when they bought the property in 1973, but they cleaned up the land, dismantled the stones and destroyed the remainder of the cemetery.

The Buehlers said they published a notice about the cemetery in the 1970s, but no descendants of those buried came forward. Descendants didn't voice any objections until 1986 when the lawsuit was filed.

Stigler ruled (hat the Buehlers have to restore the markers in the three-quarters acre that was a cerne-