The Detroit times., 1912-09-05
INDUCTION COMPANY
| TRIES TO SHIFT BLAME
FOR GARBAGE NUISANCE
Says Refuse is Under Control Of
d. P. w. Until Loaded
H. on Cars
CITY LAWYER IN GLEE
Penniman Seems Pleased When
Concern Tries to Escape !,
l. by Technically
CITY LAWYER IN GLEE

After about two hours OF testimony.
In the case OF the Detroit Reduction
Co. and Robert X. Davis. secretary,
charged with maintaining a garbage
nuisance at the foot OF Nineteenth
st.. It developed In Judge Phelan's
court. Wednesday morning. that there
was q whole lot Of garbage at the
point mentioned, that 1t smelled like
garbage always does, and probably
Was nuisance.
II also developed that there Is a
fine little question involved, as to
who controls the garbage at the point
where II IL deposited, on the temper
airy receiving station at the foot OF
Nineteenth-st., and before II Is loaded
on cars furnished by the Detroit Re
duction Co.
I. was admitted by all witnesses,
that the garbage Is supposed to be
loaded on Reduction company cars. by
ID. p. w. employees, with ID. p. w.
chain hoist, which raises d. p. w.
iron wagon boxes TO the Detroit Re-
'duction company's railroad cars.
While the garbage Is In the air, on
the hoist, II IL. technically speaking.
under the control of the ID. p. w.
Therefore, the defense claims, that
such garbage as lies In wagon boxes.
awaiting transfer to the Reduction
company cars, Ia under the control of
the ID. p. w. until such time as II IL
4 actually deposited in the railroad cars,
and that II there is nuisance. the
matter Is up to the d. p. w.
Which solution OF the case, not only
seemed to please the Reduction com
rany officials immensely, but also
seemed to bring Joy and warmth TO
the heart OF Assistant Corporation
.Penniman who prosecuted" the gar.
bage nuisance case against the Reduc-
ton company and Davis.
After Sanitary Engineer William G.
Williamson, of the Board OF Health
mad given his testimony as TO what he
saw and smelled at the garbage re.
ceiving station, and after his cross
examination by Attorney Joseph III.
Clark. representing the Reduction
company, Williamson was asked by
Penniman. who controlle dthe garbage
at the receiving station. That ques-
ton was brought up by Attorney
Clark, In the effort to show the nice
technicality which seemed to let the
Reduction company out.
Williamson explained that the agree
men was that the ID. p. w. was TO
haul. In Its own wagons, the city gar
bage, which was to be loaded, by ID.
p. w. employees. on cars furnished by
the Reduction company, at which
time the Reduction company took con-
troll and with the help OF the Wabash
railroad, had the garbage hauled to
French Landing.
Then the d. p. W. and the Reduc.
ton company are both responsible for
the nuisancef" demanded Penniman,
with seeming relish.
But the ID. p. w. can't put garbage
on cars when there are no cars there.
and II 10 up TO the Reduction company
to furnish them" said Williamson, as
he left the stand.
"Oh, well, they will find some way
to excuse themselves all right" said
Fenniman. which seemed to please
the defendants' attorney
Williamson testified that he found
70 wagonloads Of garbage on the
ground at the receiving station. Aug.
20. He said he could smell the gar
bage from Fourteenth-ave. and the
Wabash tracks. distance Of Ave
blocks from the receiving station. He
Gaid he found three cars on the sid
ing. loaded to capacity, and no empty
cars for the 10 other wagonloads wait.
ing to be emptied. He said he asked
Secretary Davis about the trouble. and
Davis told him that he had not been
able to take the garbage away as 1t
should be done, on account OF labor
troubles at the plant in French Land
ing. He said Davis didn't make any
complaint TO him about the railroads
rot furnishing enough cars.
And the worst of II Is" said Will
hanson, that the failure to promptly
unload the wagon boxes, deprives the
d. p. w. OF the means Of collecting
garbage through the city" He said
that wagon boxes, filed with garbage,
often extended to Jefferson-ave. and
elied the adjoining vacant property.
Ho said II will take two weeks OF hard
work, right now to catch up" and
properly collect the garbage around
the city.
Late Wednesday afternoon, Judge
Phelan adjourned the case until Mon
day morning at $3.50, to look up tho
contract between the reduction com
uanv and tha ritv