The parcel where the monument is proposed to be located is directly north of the Jackson Elementary School playground on Church Street which was at one time a cemetery designated for persons of Chinese ancestry.

During the Gold Rush era the plot of land was used to bury the Chinese residents of the City, however, the persons were exhumed in cooperation with the Chinese government and transported back to China in the early 1900s. According to a memo written by City Manager Mike Daly, “the property was owned and used by the City of Jackson as the public works corporation yard for a number of years before moving to its present location in 1990.

The City and the School District subsequently exchanged properties and the parcel formerly used as the Chinese Cemetery is now owned by the Amador County Unified School District. It is unofficially used as a parking lot by District employees.” The Cemetery Committee, both former and current, has worked on various concepts to memorialize the former use of the property, to recognize both and preserve its history. More recently a Cemetery Sub-Committee that includes Gordon Miller and Walt Hoeser met with the staff of the ACUSD and Superintendent Mike Carey, to discuss monument concepts.

Daly said, “The issue arose because the district was going to pave the parking lot so the cemetery committee set up a meeting with the Dr. Mike Carey to discussed the concepts of the monument.” A monument on the northwest corner of the parking lot was discussed, as well as, having students create a design for the monument as part of a community project. Daly said, “On December 8th (Dr. Carey) will present it as a pilot project to the Amador County Business-Schools Alliance as a new program that provides stipends, similar to a scholarship, to get students involved to manage a project  with this (the cemetery monument) being the project.”  “It has the opportunity to involve a lot of people in the community in a real positive way,” said Daly. Walt Hoeser said, “I’ve realized that this is not only going to benefit the school district and this city but also the students.”

Council Member Marilyn Lewis had several concerns surrounding the property and the proposed monument. Lewis said, “We’re just talking a portion of what is the China Graveyard. It is deeded as cemetery lands. I’ve been concerned that we need to deed all of the parcel back. To me a (corner) is not going to solve the issue.” Council woman Rosalee Pryor Escamilla said the point was, “well taken, but I don’t see the concern is holding us off and approving the first step…we can work on reacquisition.” Lewis explained, “I hate to see it done piece meal.” She also said that she would like the City’s’ attorney Tom Gibson to look at the documentation and confirm whether or not the parcel is indeed deeded to the city. She added, “I would like to see the City get possession of the property…I do not want to see it as a parking lot.” She also mentioned taking the steps necessary to rectify the situation, possibly litigation, including having the City acquire the entire parcel from ACUSD.

Gordon Miller, who is part of the sub-committee, stated that these issues have arisen before in the City of Jackson and that this issue has always been very controversial as, in the past, several City Council members either stepped down or were not reelected, as well as, a former city manager loosing his job.

In the discussions before making a motion Council Member Andy Rodriguez stated, “I would like (the attorney) to look at this and first figure out if we could win this and second how much would it cost.” Rodriguez made this point because he did not want the City venturing into litigation that could prove to be costly and pointless.

Lewis made one last comment before a motion was voted upon by saying, “I have been chastised horribly by the paper for being litigate happy. I have had 3 lawsuits. “I dismissed this law suit and I have waited and been patient.”  I am not going to say ‘no you cannot do what you want to do.’ But, I am not going to vote for it because you know I think we are selling out. Our main pioneer cemetery was here. The city asked for it in 1940 and got it.”

A motion was made to allow staff to proceed with the plans and to cooperate with the ACUSD for a monument on the site of the former Chinese Cemetery, the motion was passed 4-1 with Lewis voting in opposition to the decision. In reference to Lewis’ comments made regarding the cemetery, she later explained that back in 1993 she had filed a lawsuit, while a private citizen, pertaining to the desecration of the cemetery lands and the China graveyard being traded in a land exchange for Sutter Street.  “I have only used litigation as a last resort…and it has always been for the good of the people.” Lewis felt that the issues surrounding the Chinese cemetery were worthy of being rectified, but when she was elected she dismissed the lawsuit as she believed the City Council would be able to resolve the issue. However, over time Lewis states the issue has been “shoveled over.” Lewis said she considers the cemetery the outcast cemetery, where the prostitutes and (non whites) were buried during the early days of the City of Jackson, and she continued by saying that she believes that human remains can still be found on the property.

Lewis said she has extensive documentation surrounding the issue. “Everything I have is documentation that came from the county archives and hours and hours of going through old City Council minutes. I probably have the most extensive combination of records, more extensive even than the City has.” Lewis went on to explain that the issues surrounding the Cemetery have, “been near and dear to me because again it is our pioneer cemetery. People were there, people were dying, and people were being buried, but where are they now?”