the court says : the controversy relates to whether or not the chinese cemetery , where a great majority of this race is buried and other persons belonging to other nationalities have been formerly inhumed , is private or public ; whether or not said cemetery , in case it is public , would be susceptible to expropriation for the purpose of public improvements proposed by the city of manila ; whether or not the latter is justified of the necessity and expediency of similar expropriation before its right to the same would be upheld by the courts of justice ; and whether or not the appreciation of said necessity pertains to the legislative or the judicial department before which the expropriation proceedings have been brought .