Edward A. and Jane Fitch, John W. and Cornelia Doherty, and McLane Doherty. The deed contained the same provisions as the above mentioned contract as to removal of remains and monuments and the prohibition against alienation in fee.⁴⁴ One account states that "about seventy-five out of one hundred and fifty lot-holders agreed to this exchange," but one is at a loss as to how to interpret this since there must have been many more than 150 owners of the 629 lots in the Doherty tract, even discounting for the unusable and the free portions of the graveyard.

The Green Lawn offer solved the problem which had made unworkable the city's 1856 attempt to prohibit further burials in the North Graveyard. The offer of an equivalent lot at Green Lawn made available to any lot owner the same space which he had purchased from the city, the use of which which would be denied to him by a prohibitory ordinance. Council therefore on May 30, 1864 passed unanimously a new ordinance prohibiting further burials in the North Graveyard.

The city still had the responsibility of maintaining the site both as a graveyard for the remains not removed and to keep up the appearance of the developing area. The editor of the Ohio State Journal remarked on November 16, 1864 that

We passed the North Grave-yard yesterday afternoon, and were astonished at the manner in which it is exposed to the depredations of cows, hogs, and all manner of four-footed who root up and otherwise trespass upon the sacred soil that contains the remains of many noble men, who have long since passed from the stage of action; but whose memory will live, as long as the old citizens of Columbus have any influence with the Council. We hope that our city fathers will save us the necessity of referring to it again.

The "city fathers" spent small sums over the next few years to repair the fence around the graveyard and in 1868 spent a considerable sum to fill up the swamp or pond in the northeast corner of the grounds. The extent of this problem, which had existed from the start, is finally exposed in the city's documents and the newspaper's remarks when it was cleaned up. The city's annual report for the year ending in the spring of 1869 shows expenditures of $4.50 paid to "L. Black, chopping timber, North Graveyard" and $230.12 paid to "Murphy & McCabe, 1,841 loads of Dirt" and $29.00 paid to "J. Boswell, 14 1/2 days' labor superintending filling up." The Ohio State Journal of June 2 and 3 remarked:

The trees in the pond in the North Grave Yard have been cut down, and that nuisance is now being abated by carting in loads of dirt and gravel.

A team of horses, attached to one of the wagons engaged in

22