The times., 1901-04-26


for TcnIcytown-T,he Water Tower
The permits to private parties 10 coli
lect garbage from hotels. restaurants or
private houses. Will be revoked on May /.
This action has been taken by the Com
missioners after due consideration with
the advice of the Attorney for the Dis
tTict. and on the recommendation of War
ner Stutler, Superintendent Of Street
Cleaning.
The Attorneys opinion upon the subject
was submitted some time ago when action
Of the same kind was contemplated. The
opinion was framed upon the proposition
whether the owner of the garbage had
right to sell it under private contract.
and TO provide for its removal by private
parties. Upon this point the Attorney
said
The contract for the collection and
disposal of garbage made by the Corj-
missioners under authority of a clause in
the District Appropriation bill for the fis
cal year ending June 50, 1901, requires the
contractor TO collect and dispose of gar
hago as may be directed by the Commits
sioners FOR a period Of five years begin
ming December l. 1993'
Section of Article " of the contract
declares that THE term garbage"
SIbeGlIeallOnS
means all refuse of animal and vegetable
matter which has been used as food for
man, and all refuse animal and vege-
table matter which as intended to be so
used, and includes condemned food
Garbage as defined in the contract
made by the Commissioners is property
but all property is held subject to the
general police powers of the State to so
regulate and control its use in a proper
case as to secure the general safety and
the public welfare.
This contract in respect to its subject
matter bears striking resemblance to
that executed by the city of Grand Rapids
under an ordinance which was reviewed
and sustained by the Supreme Court Of
Michigan April g. 1900. in the case of the
City of Grand Rapids VS.. De Vries. The
court there said the city ordinance for the
disposal Of garbage did not attempt to
regulate in any manner the disposition
OF wholesome substances by the house
holder. 1t is aimed only at refuse: that
Is, discarded, worthless matter-matter
unfit for food. The householder has per
feet liberty under the ordinance to con-
sumo or TO sell or give away all the leav-
ings Of his table 81 kitchen that are fit
for food; but he is not supposed by the or
dinance to have around his premises in
open baskets, pans. pals, or heaps that
which is known as refuse. Matter Of this
character he is required to care for by
depositing the same in water-tight yes
sells or tanks and dispose Of it in such
way that viii not endanger the public
health.
Police regulation by the State. under
certain conditions. may justify even sum
mary destruction Of property.
In Sentell VS.. Railroad Company the
Supreme Court said: That State. in a
bona fde exercise of its police power, may
interfere with private property, and even
order its destruction, is as well settled as
any legislative power can be, which has
for its object the welfare and comfort Of
the citizen. For instance, meats, fruits,
and vegetables do not cease to become
private property by their decay, bat 1t IS
clearly within the power of the State 70
order their destruction in times OF cpl
demic. or whenever they are so exposed
as TO be deieterious TO the public health.
So far as property is inoaensive and
harmless it can only be condemned or
destroyed BY legal proceedings. with Cue
notice TO the owner but so lar as II Is
dangerous to the safety or health OF the
community, due process OF law may au-
thorize its summary destruction.
The owner Of garbage doubtless has a
right Of property therein, but that right
Is subject To the Limitation that he retain
and dispose Of Il under Such conuitlOns as
stall not interfere with the health and
safety Of himself or the public.
The handling and removal of garbage
as usually carried on is in its nature
dangerous 10 the public health. and, there
fore. il Is a proper and usual subject OF
police regulation. i has been held TO be
subject TO such regulation. too. lrrcSpeC-
tive Of whether it is nOxious or innoxious-
AS was said by the court in State Us.
Orr (6s Conn. l0l)- There is so much GA
this kind OF matter that IS offensive ana
dangerous to the health OF the communi-
ty that all may properly be made the
subject Of public supervision and con-
troll Any occupation comes within
the range Of police power which is such
as to be naturally liable 10 create a nuis-
auce unless subjected 70 special regula-
tons; whether ii be so conducted as in
tact 10 create a nuisance or not The
prevention OF nuIsauceS is quite as import
ant as their abatement
In that case, il was held that refuse
matter which had been separated but
not abandoned as worthless, remained
property. which. so as il did not in fact
constitute nuisance might be sold or
otherwise disposed OF at the Will OF the
owner. that ii was not essential that the
garbage at the time Of its transporta-
ton should be IN fact nuisance and
detrimental TO health Ii was enough If
IL was such refuse matter as accumulated
I'm the preparation OF food for the table
and that person, who for many years
had engaged in that business. had no alb
Solute right TO "A license or permit 70 en-
gage in the business Of collecting and re-
moving garbage, although the ordinance
To private collectors
In the Michigan case above mention
cd. the contention was that the ordinance
was unreasonable and therefore void and
that il created a monopoly But the
court held that the ordinance was valid
and said The charter provisions en-
power the council TO pass ordinances TO
Regulate the collection, removal, and dis
pOsai Of garbage etc In section ; Of
the ordnance the words garbage and Of
fal are defined 10 include every refuse ac-
emulation Of animal, fruit, or vegetable 1
matter. liquid or otherwise, that attends 1
the preparation, use, cooking. dealing H.
or storing OF meat, fish fowl, fruit or
vegetables. These matters ia and of
that IS, the ordinary and accepted mean
Ing Of the words garbage and 0ffal is
such refuse matters that in and OF them
selves are nuisauces. The gather
ing OF garbage is not a trade. business !
or occupation in any proper sense and
such employment does not come under
the doctrine IN reference TO legislation in ,
restraint Of trade II is a matter in !
which the public agencies are authorized i
10 pursue the best means TO protect the /
public health The ordinance |
treats garbage or offal as deleterious To /
public health and directs the manner Of |
its disposition for the benefit Of the pub /
tioTs OF the city for the benefit OF the /
public health. The resnoudent |
asserts that tho ordinance does not Ii
ceuse or control but prohibits what he
deuominates a lawful and proper busi-
ness. The business of handling and cart
ing garbage through the public streets |
of "A city is business which a munich
the public health. No person has the /
right To carry garbage or OF tber refuse /