The San Francisco call., 1904-12-11
FEDERAL COURT
ASKED TO ACT
Crematory Company Appeals
to Circuit Judges in Con-
test With the Scavengers
TAKES IMPORTANT STEP
Prepares Papers on Petition
for Permanent Injunction
Against the Association
TAKES IMPORTANT STEP
Oakland Office San Francisco Call,
1h1R RrOadua naa ~

1915 Broadway. Dec. 10.
The Pacific Incinerating Company,
which controls the garbage crematory
plant Of Oakland under a contract with
the city for the disposal Of the refuse
Of Oakland, has taken preliminary
steps toward carrying the fight that
has been on with the Scavengers' I'm.
ion for two years into the United States
courts. The first move in this new and
important development OF the long
fought contest was made to-day. when
attorneys for the corporation procured
a number Of afiidavits from policemen
who had been detailed to arrest scav-
engers charged with violating the Gre
matory law.
The bill Of complaint upon a petition
for a permanent injunction from tie
United States Circuit Court to prevent
further operations by the scavengers
has been drawn and will be filed at
court as soon as the necessary legal
requirements have been met. The at
torneys expect to present their petition
some day of the coming week.
1t Is intended to direct the injunction
against the union as an unincorporated
association, the president OF which is
John Trucco.
This step results from the failure Of
the prosecutions in the Police Courts
of this city of scavengers who were ar
rested for alleged violations Of the law
that was enacted to protect the incin-
Grating company under its contract.
The city signed an agreement whereby
the company was to install an incin-
Grating plant to collect and destroy on
modern scientific lines the garbage and
refuse of the city. After several months
of preliminary skirmishing the COM
pany bought a. site at Twenty-sixth
and Magnolia streets and erected, at
cost of $4,000 or more, a plant, con-
sisting of furnaces and equipment. A
large number Of sanitary garbage cans,
with wagons, horses and other neceS-
sary paraphernalia, were purchased.
The company announced its readiness
to proceed. But its course was sudden
ly blocked by strenuous and finally
successful protest from the residents OF
the locality near the crematory site.
After several months of delay the
corporation met that protest by pur-
chasing a new site on the edge Of the
West Oakland marsh, well out toward
the bay. Here a large set Of furnaces
was installed and temporary structures
were erected. The wagons were put In
operation and the company began to
This contract gave the company, as
agents of the city, the exclusive right
to collect and destroy the garbage at
rates fixed by ordinance. In some in
stances these rates were made a trifle
higher than those hitherto charged by
the scavengers. And here was the
crux of the situation.
The companys pathway was strewn
with numerous obstacles in the way of
injunction suits in the Superior Court.
But eventually these were disposed of
by the company winning. But the res
idents did not rush to the support of
the inclnerating company, despite the
fact that the company had solved the
problem Of disposing of the city's re-
fuse, which had been a sore trouble
for many years. The scavengers con-
tinued to collect garbage, dumping Il
wherever they could find a place. The
police, under instructions from Mayor
Olney, made arrests by the score. The
cases blocked the courts. Each scav-
enger demanded a jury trial Day
after day the trials went on. But con-
victlons were few. Evidence of the
strongest character was presented
Juries, however, persisted in acquit-
ting or disagreeing to such an extent
that the prosecuting officers were about
ready to give up in disgust. There are
to-day many untried cases on the cal
cndars and arrests continue.
The scavengers found a haven for
dumping garbage on Bay Farm ISL
and. driving their teams laden with
Oakland refuse through the streets Of
Alameda. They could. therefore, keep
on collecting refuse in Oakland and
thus stay in business. preventing the
crematory people from getting even a
fair share of the collections, all of
which, under the contract, they were
entitled TO take.
Alameda has raised her voice against
the scayengers going there, and the
Board of Trustees has in hand an or
dinance to stop that practice.
such is the situation after two years
more of contest. The law firms of
Reed & Nusbaumer and Shook &
Church have the Federal court litiga-
tion in hand for the company.