The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-10
THAT GARBAGE CASE
Supreme Court Holds Ordinance
and Contract Valid.
Both Within Police Power Lines and
the Arrangement a Good One
Judge McCabe Dissents.

The garbage injunction case of Thomas
J. jameson against Greenberry Walker
was decided by the Supreme Court yester-
day In favor Of the plaintiff. Jameson had
the contract for removing the garbage of
all Indianapolis residents, IL having, with
the city's consent, been assigned to him
on Aug. Is last by James H. Woodard,
who secured the original contract July IL
for the work. Walker started to work
an opposition line Of garbage wagons,
whereupon Jameson sued for and obtained
an injunction in the Marion Circuit Court
preventing Walker from coming into the
field. The latter appealed to the Supreme
Court, which yesterday decided against
him by affirming the lower courts judg-
ment- Judge Daley wrote the opinion,
which holds that the contract and garbage
ordinance which Walkers attorneys as
sailed ARE both within the long-settled
and clearly-recognized lines of police pow
er. which Is as broad as the power Of tax
alton, and, being simply a sanitary regu-
lation, they cannot be considered as In the
nature of confiscation or an attempt to
create a monopoly. The provisions for the
removal of the garbage at the expense of
the property holder is an extreme exercise
of this power, but 1t Is an incident to it's
IL NhC PONCt aIch a
municipal corporation by the law Of the
State Is silent as to the mode of doing
such an act, the corporate authorities are
necessarily clothed with a reasonable dis
erection to determine the manner in which
the act shall be done. The right of removal
by contract or otherwise being vested in
the city, 1t was for the Council to deter
mine whether the work should be paid for
out of the city treasury or by the person
ss1rho nhia0f of tho oftfnC iG To nFQSarVa
the health OF inhabitants. To attain that
they wisely disregard any expenses which
are deemed lee to be REQUESTS they might
carried out of the city without any ex-
pense. If they would permit the people to
take them away at such times and in such
manner as would best accommodate them.
II IL was thus managed there would be con-
tinual moving nuisances In all the streets
their weight and poisoning the air with
their effiuvia.
1T seems that the city authority has
be better accomplished by the arrangement
It has adopted than by relying upon the
ment would have no other remedy than a
suit for breach Of contract. The sources
of ~contagfon and disease Will be removed
in small loads. which will not injure the
pavements or annoy the inhabitants. The
law is reasonable. and not only within the
power of the government to prescribe, but
well adapted to preserve the health OF the
city,"
In concluding, the opinion says that 1t
may be that under the workings of this
contract hotel and restaurant keepers will
lose money on their garbage, where before
they derived a revenue, but that III, under
this plan, the sources of contagion and dis
ease will be more speedily and effectively
removed the city was empowered to make
this contract.
Judge McCabe dissents, saying, briefly,
that while he concurred in the general con-
clusfon reached, he did not think that the
garbage Of persons who could sell Ii should
be confiscated and destroyed without COM
pensation. He did not believe IL within the
power of the city or the Legislature to
confiscate the private property of the cit
izen and destroy IL except where neces-
this instance, because the owners had not
refused to comply with reasonable regula-
stiOnS-