James/Schrock Cemetery-Toll Road DisputeJames/Schrock Cemetery-Toll Road Dispute, 1954 . . . .
The James/Schrock Cemetery is pioneer cemetery located along the Indiana Toll Road, east of McCool Road and behind the Pleasant Valley Trailer Park (northeast quarter of northeast quarter of southwest quarter of Section 17 T36N R6W). This cemetery nearly became obliterated and removed when the Indiana Toll Road was constructed. The original survey plans for the toll road had the roadbed going through the cemetery. Mrs. Dave Magnuson of Chesterton protested the obliteration or removal of the the cemetery and used a somewhat esoteric law to block the Toll Road Commission from traversing the cemetery land. It was estimated that the cost of relocating the toll road so that it went around the cemetery at that time was $100,000. Newspaper articles concerning the James/Schrock Cemetery and Indiana Toll Road dispute are provided below.
Objection is Planned
Looks Like Toll Route May Have To Skirt Old Cemetery
By FRED VAN PELT
Indiana Toll Road commission engineers apparently will have to skirt a
century-old cemetery east of McCool, in Portage township, The Vidette-Messenger
learned today.
Herman Hartman, commission chief engineer, was quoted Tuesday that it was hoped
the cemetery with 41 graves, could be relocated to make way for the
superhighway.
However, Hartman added, should one relative of one person buried there object to
moving the old burial ground, then the law provides the commission shall
relocate the toll road right-of-way. Hartman said this would "cost thousands of
dollars for a one-mile stretch."
Mrs. Dave Magnuson, 407 Park avenue, Chesterton, wife of the Westchester
township assessor, today told The V-M that "I certainly will object; and I'm
sure my brothers and sisters will join me. I have a sister buried there, Mary
Hockelberg, who died when she was a baby."
Mrs. Magnuson added that "I know the cemetery is run down and over-run with
trees and weeds but I believe in letting the dead rest."
Elmer Lenburg, RFD 1, Chesterton, adjacent to the former McCool airport, who has
two uncles, an aunt and a cousin buried in the cemetery, said that "I told the
toll road engineers three or four weeks ago that I had no objection. In fact, it
probably would be better if the cemetery were placed in a better location."
Lenburg said the burial ground is located on the farm of his mother-in-law, Mrs.
August Schrock.
The V-M asked Prosecuting Atty. Clarence D. Wood what action must now result,
since there is an objection. He was asked whether the commission must seek court
approval for relocating the cemetery, allowing objectors to answer; or must the
objectors seek an injunction restraining such removal.
Wood said a similar incident occurred in the construction of the Dunes highway
some years ago. "It was found," he said, "there were a large number of Indians
buried outside of the regular cemetery. The road engineers at that time appeased
the objectors by relocating the highway."
The attorney said it was his opinion that the objectors to relocating the
cemetery at McCool will have to file a civil suit asking for a restraining order
enjoining the commission from any such action.
The cemetery is located about one-quarter mile east of the road between McCool
and Highway 6. It is adjacent to the former interurban right-of-way and at the
rear of the Schrock farm.
Accessibility is difficult because of a ravine, underbrush and barbed wire
fences. The cemetery, itself, is in a run-down condition, covered with weeds,
underbrush and young trees.
Many of the markers are overturned. Some are broken. It has been at least 70
years since there was a burial there. The markers are weatherbeaten and the
inscriptions are illegible on some.
The broken monument to Lenburg's aunt reads: "Hier Ruht in Gott" (Here Rests in
God), Anna A. Hockelberg, 1875.
Others are: Barruch Dorr, March 4, 1841; Mary C., wife of James W----, Jan. 31,
1884; Hiram B. James, May 28, 1863; Allen B. James, 74, Feb. 24, 1881; infant
son born Nov. 19, 1874; Michael, son of B. J. and C. Kern, July 19, 1852, aged
13 years and 3 days; Jacob Wolf, April 10, 1851, and his wife, Lydia, Oct. 3,
1842, and Dudley Griffin, June 13, 1852.
Source: The Vidette-Messenger, Valparaiso, Porter County, Indiana; May
19, 1954; Volume 27, Number 270, Page 1, Columns 5 and 6, and Page 6, Column 2.
United Press, May 27, 1954 [Photograph No. C-330, HXPC-21297]
Photograph published in the Chicago Sun-Times, May 28, 1954 [Photograph No.
H-538]
GRAVE BLOCKS SUPERHIGHWAY
Old cemetery on farm owned by Walter Schrock near Chesterton, Ind., is blocking
construction of Indiana's $150 million toll road. A lone stand by Mrs. Dave
Magnuson, 79, who refuses to move grave of her infant sister, may force state to
spend $100,000 rerouting the highway. Schrock and Lou Ellen Jacobs, 4, examine
headstones in cemetery where no body has been buried for 70 years. [Photos for
Sun-Times by Charles Smith]
Old Cemetery To Be Topic At Meeting
Two Toll Road Officials Plan Chesterton Visit
Two officials of the Indiana Toll Road commission
planned today to visit Mrs. Dave Magnuson, Chesterton, who objected unofficially
to moving an old cemetery east of McCool, now in the path of the proposed
east-west superhighway.
Mrs. Magnuson's husband, Westchester township assessor, said his wife has not
been advised of the proposed visit by Herman D. Hartman, chief engineer, and
Farwell C. Rhoades, public relations representative.
Mrs. Magnuson's objection to relocating the 41-grave cemetery was originally
reported in The Vidette-Messenger. Her sister died as an infant and is buried in
the ancient burial plot.
Spokesmen for the commission told United Press at Indianapolis that Mrs.
Magnuson need not take legal action to block the road. If she insists her
sister's grave remain where it is, the state is obligated by law to reroute the
road so it misses the cemetery.
Commission spokesmen said they knew of no other objectors and heard of Mrs.
Magnuson's protest only through news reports.
Source: The Vidette-Messenger, Valparaiso, Porter County, Indiana; May
21, 1954; Volume 27, Number 272, Page 1, Column 5.
Are Opposed to Moving Cemetery
People In North County Vicinity State Objection
By LUCILLE MARSHALL
CHESTERTON, May 24 -- The Duneland Historical
society Sunday went on record opposing, along with Mrs. Dave Magnuson, 407 Park
avenue the proposal of the Indiana Toll Road commission to relocate a
century-old cemetery, east of McCool. The old burial plot is in the path of the
proposed superhighway.
The 150-member society mailed a letter of protest to the commission Sunday.
Meantime, Mrs. Magnuson, sister of an infant girl buried in the old cemetery,
told The Vidette-Messenger at noon today that Herman D. Hartman and Farwell C.
Rhoades, chief engineer and public relations representative, respectively, of
the commission, had failed to contact her.
United Press reported out of Indianapolis Friday that Hartman and Rhoades, in
response to news reports in The V-M that Mrs. Magnuson would oppose the removal,
states they would go to Chesterton today to confer with her.
Vote Is Unanimous
The society's letter of protest followed a unanimous
vote on a motion by C. W. Nelson, Porter county historian for the State
Historical society, in a meeting Thursday night at K. of P. hall.
Nelson called attention to the historical significance of the burial plot, where
ancestors of the McCool, Hockelberg, and Wolf families are interred.
The small plot has 41 graves. It is more than a century old and the last burial
was more than 70 years ago.
Hartman also was quoted by UP that Mrs. Magnuson need not take legal action to
prevent removal of the cemetery. He said if she persists in her protest, the law
requires the commission to relocate the superhighway right-of-way.
Source: The Vidette-Messenger, Valparaiso, Porter County, Indiana; May
24, 1954; Volume 27, Number 274, Page 1, Column 4.
CEMETERY BYPASS SEEMS LIKELY
Relocation Cost Set At $100,000
By FRED VAN PELT
CHESTERTON, May 25 -- A one-mile stretch of the proposed east-west superhighway
must be relocated, at a cost of approximately $100,00, to skirt a century-old
cemetery, east of McCool, in Portage township.
Mrs. Dave Magnuson, 407 Park ave., this morning informed Herman D. Hartman and
Farwell C. Rhoades, chief engineer and public relations representative,
respectively, of the Indiana Toll Road commission, that she will not permit the
removal of the grave of her sister, Mary Hockelberg, who died in infancy more
than 70 years ago, from the old burial ground to a new cemetery.
Hartman said the law provides that if one relative of one person buried in the
41-grave cemetery objects to its transfer the toll-road right-of-way must be
relocated.
Hartman and Rhoades, from Indianapolis, accompanied by Merritt Johnson, Attica,
commission land agent, with headquarters in Valparaiso, this morning visited the
old cemetery, located on the August Schrock farm. They said vandals have been
wrecking grave markers, including that of Mary Hockelberg, within the last week.
They confirmed with "Uncle Billy" Briggs, of Crisman, a former school teacher
for 27 years, to sound out public opinion toward removing the burial plot.
Briggs said, in his opinion, there would be insufficient remains, after 70 or
more years of burial, for removed [sic] and the graves should remain as at
present.
The commission representatives then called at Mrs. Magnuson's home here.
Hartman explained the complicated details of relocating the right-of-way. He
said it was laid out by engineers from aerial photographs, which failed to show
the cemetery because of of the deep foliage and underbrush.
Surveyors must now go over the proposed change, laying out a new right-of-way,
which may have to extend more than the estimated mile. Hartman said, too, other
complications now appear: There is a deep, large bog to the south of the old
cemetery and the present McCool cemetery to the north of it.
Source: The Vidette-Messenger, Valparaiso, Porter County, Indiana; May
25, 1954; Volume 27, Number 275, Page 1, Columns 6 and 7, and Page 6, Column 2.
Cemetery Photographs, Circa 1974
The following three photographs of James/Schrock Cemetery were contributed by
Carol Lussky. Carol indicates that her father, Robert Hoeckelberg, took these
photograph around 1974.
Newspaper articles transcribed by Steven R. Shook