Oliver Wendell Holmes, Jr.

“ Of course, however, no question of trust is before us. If the city had found it more convenient to convey the land to a cemetery corporation, there is nothing in the statutes or patent which would have prevented it. The conveyance to the bishop was essentially similar to the case supposed, except in technical form, and probably was made on grounds of justice that very possibly were considered by Congress. The Catholics had spent money on the land, and had used it for a burial ground long before Congress passed the act. ”

“ The first act of Congress contemplated a purchase by the city, and the patent was to the mayor in trust for the city. This trust was executed by the statute of uses. The second act recites that the city has received and paid for a patent. It is argued that the words in the first act, 'to be held and used for a burial place for said city and vicinity,' show a trust more extensive than the city, and therefore prevent the execution of the use. But these words are not in the patent, and, if they had any effect, only would impose a trust upon the city ”

“ If the city got a fee simple absolute, as in our opinion it did, we are not called upon to spend time on the question of its power under the laws of the state, or of its action in the premises. These questions were not much argued here. ”