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File: Rogers.Macro Created on: 5/23/2005 8:06 PM Last Printed: 8/7/2005 2:32 PM 1153 INTEGRATING THE CITY OF THE DEAD: THE INTEGRATION OF CEMETERIES AND THE EVOLUTION OF PROPERTY LAW, 1900-1969 1 I. I NTRODUCTION On July 3, 1969, an African-American soldier named Bill Terry, Jr., died in Vietnam. 2 Like generations of African-American soldiers before him, stretching back to the American Revolution, Terry died fighting for his country. 3 Because of his honorable Army record, Terry was given the tradi- tional military escort back to his home in Birmingham, Alabama, where his body was taken to Elmwood Cemetery to begin the interment process. 4 When Terry™s widow and mother attempted to purchase a burial plot for Terry™s remains, they were refused by the cemetery manager. The reason: Terry was black. 5 Since the other funeral arrangements were already in place, Terry™s widow 6 and mother purchased a plot in Shadow Lawn Me- morial Park, a traditionally African-American cemetery, 7 and proceeded with the interment. 8 During the same time period, another African-American was denied purchase of a burial plot at Elmwood, 9 and joined with Terry™s widow and 1. The author would like to thank Professor Alfred L. Brophy for his invaluable insight and guid- ance, Dr. S. Jonathan Bass, Assistant Professor of History at Samford University, for his direction and assistance in researching Bill Terry, Jr., and Grace Long for her help in reviewing this Comment. 2. Terry died from a fragment wound to the chest sustained during combat near Xuan Loc. Record of Preparation and Disposition of Remains, DD form 2775 (July 6, 1969) (Document contained in Dr. Jonathan Bass Collection, Box 7, Special Collections, Samford University Library, Birmingham, Ala- bama). 3. Terry v. Elmwood Cemetery, 307 F. Supp. 369, 370 (1969). 4. Terry lived in the Wiregrass area of Birmingham, where his house looked onto the Elmwood Cemetery. Before he left for war, Terry informed his wife and mother that if he were to die in Vietnam, it was his wish to be buried in Elmwood. It was in the course of fulfilling Terry™s wish that his mother and wife became plaintiffs in the instant lawsuit. Id. 5. Id . 6. Terry™s young widow, Margaret Faye Terry, was only 16 years of age at the time. J.M. McFad- den, U.S. Court in Alabama Bans Segregated Cemeteries , WASH . POST, Dec. 23, 1969, at A3. Terry also left behind a son, Patrick Donovan Terry, born August 16, 1968. A Memorial Service in honor of P.F.C. Bill Terry (Document contained in Dr. Jonathan Bass Collection, Box 7, Special Collections, Samford University Library, Birmingham, Alabama). 7. Request for Payment of Funeral and/or Interment Expenses, DD form 1375 (July 17, 1969) [hereinafter Request for Payment] (Document contained in Dr. Jonathan Bass Collection, Box 7, Special Collections, Samford University Library, Birmingham, Alabama). 8. Terry, 307 F. Supp. at 370. Terry was buried at Shadow Lawn on July 19, 1969. See Request for Payment, supra note 7. 9. Belvin Stout was denied purchase of a burial plot at Elmwood under similar circumstances as Terry™s widow and mother. Terry , 307 F. Supp. at 370.
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