Los Angeles herald., 1910-04-29
KING Of GARBAGE
Gets RUDE WALL0P
Judge Rules City'S Agent Not the
Only One Who May Put
Paws in Buckets
CALLS ORDINANCE NO GOOD
When Does Refuse Become 0ffaI?
Is PerpIexity on Which
Much Rests

Judge Hutton of the superior court
yesterday declared the city garbage
ordinance-No. 1897 of the new series
of the city Of Los Angeles-unconstitu
tional and void. His decision related to
the recent habeas corpus proceedings
begun by P. j. Durham for the release
of Harry Laramee, who was arrested
for violating the provisions of the new
ordinance.
The new ordinance practically pro-
hibited any person other than the city's
agent to collect garbage in the city.
1t was contested by Z. J. Durham on
the ground that it created a monopoly,
was class legislation, and it's provisions
unreasonable. The principal objection
was that the enforcement of the ordi-
nance would deprive citizens of proper
ty without due process Of law and
without compensation. This last was
considered we'll taken by the court.
There is no more sacred provision
in our constitution" declares Judge
Hutton, than that which says, No
person shall be deprived of life, liberty
or property without due process of law
The word garbage in the new ordi-
nance is defined to be all animal and
vegetable refuse from the kitchen, and
all household waste that shall have
been prepared for or intended for food.
"The meaning of the word garbage
as disclosed by an examination of the
two ordinances, tends greatly to en-
large the meaning of the term as de-
fined in the Standard dictionary. The
obvious purpose of the new ordinance
and the come back ordinance, read to-
gether, is to cause property that is not
garbage or worthless remnants, but in
fact remnants of substantial value, to
be commingled with real garbage and
condemned and confiscated from its
owner. This is the real vice of the
ordinance.
Ordinance No. 16O6S, known as the
come back ordnance condemns cer-
tain articles of food as unfit and un-
suitable for human food, but 1t Is OBJ
vious and a matter of common knoWl-
edge that much of the food set before a
guest at a hotel, which does not happen
to appeal to his taste or may be re-
jected by him as surplus, does not OF
that fact become a menace to public
health.
"If a guest be served with two baked
potatoes, broken open and butter in
serted, and he eats only one, the other
does not become per Sc menace TO
health. Admitting the wisdom of the
ordinance that the hotel keeper is for
hidden to offer the articles of food emu
merated to another guest, nevertheless
the 1000 liluS ItJ6ClSu ACbtilllS
property rights as hog food, fertilizer,
or for other purposes. 1t is not threat
ening to the public health, and cannot
under any preteXt be confiscated from
it's owner without due process of law or
compensation.
"The result Of the two ordinances to-
gether is to condemn and take from the
citizen not only worthless remnants
that threaten the public health, but
also articles of property as described.
This court therefore holds that ordi-
nance No. 1887 of the new series is un-
constitutional and void, and orders
Henry Laramee discharged from the
custody of the chief Of police of Los
Angeles"
Boos brothers and half a dozen OF
the largest hotels in the city have an
injunction suit filed against the city. to
prevent its servants from interfering
with the collection of their garbage by
Durham, and this case will be reset
for trial, although it is along the same
lines as the arguments in the habeas
corpus proceedings.