The evening times., 1895-09-25
VOICED THEIR PROTEST
South Washington Heard on the
Proposed Garbage Crematory.
MANY LAWS WERE CITED
Col. Totten Declared That the Regula-
tiOn of the Old Board of Health Fits
the Case-Comended That Issuance
of Building Permit Would He II
legal-Prospects Of q Suit.

The argument of the South Washington
citizens against the proposed establishment
of a garbage crematnry at the foot Of
South Capitol street was heard by the
Commissioners this morning Attorneys Tot
ten and Davidee representing the protest.
ants.
Col. Totten openeds the case. He stated
that principal objectt'n to the pro-
posed crematory Is because OF the extreme
Iy disagreeable character of the garbage
vehicles that must be expected to pass
over the streets tu and from the estab-
fishmenu.
He argued also that there should be no
discrimination against the people of the
south west section, upon whom similar
establishment was inflicted several years
ago. s.-.lass.-.
Col. Totten read the regulation adopted
by the old board of health, which, he said,
was a re-enactment of the common law,
had been IegalIzed and is now in force.
That regulation forbids the boiling Of Of
fail, swill, bones, fat and other like sub
stances within the city and in the densely
populated sections.
MENACE TO HEALTH.
His argument was that such plant would
be not only detrimental to the health of res
idepts, but to the life and cGmfort of the
people as well. He cited an act of Con-
gress prohibiting any one from locating
a brick yard, brick kiln, bone boiling es-
tablishment or like institution, and Col.
Totten observed that the very act pro-
viding for garbage destruction sanctioned
the regulation quoted.
Col. TOtten was Followed by Attorney
H. E. Davis, who represents Contractor
warfield.
Mr.. Davis said the Commissioners are
confronted by duty. Thelaw provides for
a crematory, and it contemplated a location
for it on the face OF the earth, not ip a
balloon. He said the disagreeable fea-
ture of having garbage carts pass the doors
OF residents would not be lessened by having
the carts go two miles instead of one. The
Commissioners are restricteu to a loca-
ton within the District. ----.
No court, Mr.. Davis said, would step
in to enjoiD thing as nuisance in advance.
The nuisance must first be created. He as
serted, also, that the proposed crematory
would be unobjectionable, as had been
Mr.. Davidge responded. He declared
that the law recognizes what may be a nuis
ance, per Sc, and cited instances. Reading
the act of Congress of April 2S, 1880, he
said the national lawmakers had taken it
out of the hands of courts and has declared
that certain businesses shall be declared as
nuieances injurious to health.
AS TO NoxIoUs oDoRs.
Special stress was laid upon the terms
"noxious odors of gases,' as employed in
the act, and Mr.. Davidge said any business
which when carried on shall produce nox-
ious gases shall be declared nuisances and
as such are forbidden.
Turning to the building regulations, Mr.
Davidge read that no one shall be per-
mitted to establish any brick yard, soap
factory, place for the rendering of fat, or for
bone boiling, or any other establishment
from which noxious odors shall emanate.
By issuing permit for the construction
of such building, he said, the Commission
ers established a nuisance, contrary tn law
The antecedent law Is not repealed by
an appropriation act, Mr.. Davidge OBJ
served. and the attorney for the District
will so state.
hc nave no ulSCIptlOD
in the matter, because the law has defined
the nuisance ana pronounced it to be such
per Sc.
GAS COMPANY A PRECEDENT.
The building regulations also forbid
the permit, and the act of March 2, 1895,
upon its face contemplates the aking of
refuse. out of the city, and not bringing
1t in. That act of. appropriation, in any
event, cannot repeal the reprobation of
the antecedent law respecting nuisances,
which specifies the things that constitute
a nuisance.
The Washington Gaslight Company was
alluded to when Col. Totten said:
Gaslight htCompanymakes
gas by virtue of a special act of Congress,
Mr.. Davis
And so we are going to incinerate garb
age by authority of a special act of Con-
gress," Mr.. Davis retorted.
The council for the citizens declared that
they came to the Commissioners first in the
belief that they could convince the board
of the justice of their contention, but intimat-
ed that their next step, il Necessary, will
be a resort to the courts.
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