The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-09
WHAT is The LAW
Board of Health Asks City At
torney for Opinion.
A Question Of Jurisdiction in
Regard to Crematory.
PEOPLE COMPLAINED
Delegation Appeared at Meeting
of the Board.
Would Have Desiccating Plant
Moved to New Location.

Freeman Sardou, J. B. Billiard, Scott
Kelsey and about twenty people who
live within smelling distance of the city
dump and the old crematory, came be-
fore the board of health Monday night
and protested in vigorous manner
against the condition of the crematory
and the bad smell which they say comes
from it and from the old city dump
near it.
The board of health did not know ex
actly how far it had the right to go in
the matter, and decided to ask City At
torney Spencer for some advice on the
matter. Mr.. Spencer will enlighten the
board prior to the next meeting.
Only three members of the board-Dr.
PIummer. DR.. Menninger and Council
man Nellis-were present at the meet
ing, and consequently very little bust
ness was done. The board heard the
complaints in regard to the dump, lis
tened to the reading of Food Inspector
Farnsworth's report and adjourned.
There seems to be no doubt that the
crematory, with it's exposed connection
to the river, by means of which garbage
is washed out into the stream, is a very
prolific source of foul doors, and that it
is considered nuisance by many peo-
pie who live out toward Oakland. Just
what the city authorities had better do
is another question. If the city goes
anead and FORCES the present company
to suspend business, the city will have
nothing whatever to fall back upon as
a means of garbage disposal. Dead an
finals will have to be provided for in
some way. Consequently, the city au-
thOritieS are inclined to go slow, and
find out where they will light before
throwing overheard the present ar
engagements.
The desiccating company has a con-
tract with the city to remove all the
dead animals and refuse and desiccate
it. 1t pays the city $50 for license to
do this, and the city pays the com
claimed dead animals and the manure
from the fire department and other sta
bles- 1t is obliged to do the work under
the terms of ordinance 2276.
AS a matter of fact this contract en-
tered into December 81, 1901 has never
been performed by the company. The
desiccating proposition fell by the way
side. 1t was fiZzle, and the plant
would not do the work. Then the COM
pany got possession of the old crema-
tory, and has since bbeen handling gar
bage there, merely by the Sufferance of
the city. The city has been paying 20
cents barrel to have night soil hauled
and dumped into the river. This is too
much for the service rendered. 1t
might not be too much if the work was
done according to contract. But the
of acting according to it's contract, and
hence the city could of course terInin-
ate relations with the company. This
would release the city from the pay
ment of $50 a month, and would make
it necessary for the city to provide
some other means of doing this work. |
Under the ordinance No. 2276, there
are numerous provisions which touch |
prevailing conditions. 1t would be pos
sible under this law, for the city to
cause the arrest of the managers of
the desiccating plant, and cause them
to be heavily fined, besides the fact that
he would be barred from ever doing any |
more work under a city license. If the |
present garbage arrangement is as bad |
as the people in the vicinity claim, the |
following are some of the sections of
ordinance 2276 which might apply to it, |
Sec. 8. 1t shall be lawful for any
person, firm or corporation to establish |
at any points beyond the limits of the |
locating works for the purpose of des- |
locating dead animals, night soil, gar
bage and other refuse matter collected /
in the city of Topeka, but said desic- |
eating work must be constructed upon |
the most modern and improved plans,
so that the same shall at no time emit /
any unhealthful, disagreeable, offensive
or nauseous smoke, gas, or cdors, and
shall be at all times subject to the sup
ervision of the board of health of said
city.
Sec. s. 1t shall be unlawful for any
person or corporation to remove the
contents of any cesspool. or privy until
said person or corporation shall receive
from the secretary of the board of
health q permit to remove such con-
tents
Sec. Is. No contract shall be award
ed to any person. nor shall any person |
within said city of Topeka engage in
the business of removing dead animals.
nightsoil, garbage or other refuse NATL