The San Francisco call., 1908-03-27
TINKER WITH LAW
TO DUMP GARBAGE
Trustees Repeal Ordinance and
Strip People of Police
Protection
West Berkeieyans Will Bring
Courts Into Fight and En-
join Scavengers

BERKELEY March 2s.-Citizens of
West Berkeley have been repudiated
by their representatives. Trustees W.
J. Schmidt. Nels Olsen and other mem
bers OF the town hoard, who at secret
session last night repealed the 500
Yard gsrEage clause, and gave the
Eeavengers the right to dump garbage
anywhere in Berkeley without regard
TO the number OF dwelling houses in
close proximity TO the dump heap. Al
though il viii be three days before
the remarkable action of the trustees
will go into effect the people of West
Berkeley declare that they will fight
for their homes and bloodshed will fol-
low any attempt by the scavengers
under police protection TO invade the
ssnctity of their dwelling places.
The West end is in a ferment over
this act of the town board and its
citizens said today that besides the
physical resistance which will follow
the dumping of the scavengers at the
foot of Harrison street on George
Schmidts property the validity of the
act amending the law TO suit the spe-
cial occasion viii be questioned in the
courts.
WILL ATTACK TITLE
The title to the land offered Berke-
ley for $4,000 as an incinerator site,
now TO be used a dumping ground,
also viii be attacked in court and ev-
cry effort both moral and legal will
be used by the West End protective
association TO block the plans of the
trustees. The scavengers viii have
police protection in their daily trips
10 the dumping grounds at the back
doors of the residents of the water
front district Of West Berkeley
Mayor Francis Ferrier presided last
night when the law providing that gar
bage shall not be dumped within 500
yards from a dwelling house was re-
pealed- The action followed the fight
OF the people of the West end yes
teroay when the residents invoked the
aid of the police to prevent the dump
fng OF garbage on Schmidts land be-
cause of the town ordinance
Frank connor, acting president Of
the West End protective association,
said today that the passage or re-
peal of a dozen laws affecting their
rights would be disregarded by the
people of West Berkeley as this spe-
cial legislation in his opinion was IL
legal.
PLAN FIGHT FOR HOMES
The people of. this section" said
Connor, are not going TO be driven
from their homes without a hght
Yesterday We had the law on our side
and obtained police protection Now
the trustees have repealed the law
which interfered with their plans and
left US defenseless. We have given
UP all hope of obtaining justice from
the town board or from our representa-
tives and we will fight to the last"
Women with babes in their arms
waited with expectancy that the scav-
-engers would again attempt TO bring
their carts 10 the Schmidt dumping
grounds today and little knots of cit
liens gathered in the vicinity of Cor
bin station patrolling the roads and
discussing the situation The women
placed baby buggies across the only
road leading into the dumping ground.
Not scavenger. however. moved his
wagon today. Joseph BirelIa, head of
The scaveEger union. appealed to Mar
shal Vollmer for protection this morn
ing under the doctored ordinance
passed by the trustees last night. He
was met by a refusal. however as the
tised for three days before it becomes
q law.
During this period no garbage will
be dumped in Berkeley and the whole
system of sanitary work under the di-
rection OF DR.. J. p. Howe viii be
blocked. The citizens who have been
provided with rat poison refuse TO use
IL. as there is no method OF disposing
OF the dead rats except By the scav-
engers. An Injunction proceeding will
also tie up the scavengers and pre-
vent all dumping.
Frank Connor, who has lived in West
Berkeley all his life, said that the ac-
tion of the trustees would defeat their
plans 10 buy the Schmidt property as
en- incinerator site. When the injunc-
tfon proceedings reach the courts evil
dence that there is not a clear title
TO Schmidts land will be submitted
'"The Haywood estate owned the
land" said Connor today. 1T finally
came TO Walter Haywood and was
sold TO George Schmidt. Percy Wright
eiso claimed the land Litigation fol-
lowed and the suit has not been set
tied. Schmidt disposed of his interest
IN the property secretly and although
the land is held under his name and
Is so recorded Town Clerk Jesse d.
Mendenhall and c. E. Thomas have an
interest in it.
ALLEGES CONSPIRACY
'The well planned conspiracy be-
tween the Schmidt brothers 10 sell the
land" declared Connor. 'is one of the
worst pieces OF grating ever done in
lnls CITY dno sHouio De exposed.
Schmidt by his own efforts had the
dump at the county line closed to
force the scavengers TO dump their
garbage in this city. His brother
purchased the land al the foot OF Har-
rison street six months ago as an in
cinerator site Then came the city
dumping to force the purchase of this
site. Step by step the whole garbage
matter has been a well planned scheme
10 rob the people"
The residents OF West Berkeley are
in a state OF armed neutrality until the
arrival OF a garbage wagon changes
their front to that of actual warfare.