Every evening, Wilmington daily commercial., 1920-01-28
CITY HOLDS THAT
CONTRACTOR MUST
HANDLE GARBAGE
Board Of Health Considers Au-
thorities Under No Obligations
to Come to His Aid.
PLANT MUST BE REBUILT

At q special meeting last ntphe oi ,i''
Board of Health representatives ot City
Council and City Solicitor John W Huxley
Jr. n hitch in the solution Of the garbage
brohlem arising from the destruction OF
The city crematory by hre sunday night,
was threshed ont.
/, wos decided that the contractor was
primarily responsible for the disposal OF
garbage and by the terms of the contract
under which it is operating, IT was con-
tended that the city WAS not compelled
to come to his aid.
The Wilmington SANITARY Company,
through It's representative, Austin
Ellison, al Monday meeting oi the board,
advised as the only way out OF the present
emergency for the city 10 place the old
plant, formerly operated by the American
Reduction Company, on Marsh road
between the Jessup and Moore Pulp
Works and the Harlan plant, IN mechan-
ical shape To meet the situation. The
cost, amounting to $500, was to have
been borne by the city.
After the session the board went over
the company's agreement and what they
discovered there inspired mental pictures
of vigorous public censure should Mr..
Ellison's suggestions be carried out. lt
vas figured out that 1t was practically
taking $4,000 from the city, this helng
the estimate placed by the contractor
on the cost of the duplication of a similar
plant st this time.
Accordingly, a reconsideration was
made and last nights session was called.
The members of the board present IN
Guided. DIR. r. +. Ellegood, president;
James ] Cahill. secretary; DR.. NJ Ostro
and Peter L. Bienkowski. Alexander II.
Abrahans and Charles Forwood, members
of the finance committee, represented City
Council.
II was the unanimous opinion OF those
present, including the city solicitor, that
the present contract obligated the VIII
nlington Sanitary Company to return the
building destroyed TO the city intact at
the expiration of its agreement IN 1924.
This was interpreted as slgnltylng that
the company Was responsible Tor the
structures physical condition and were
in duty bound to make the repairs neces-
sary to place it IN the shape it was prior
10 the fire.
The sentiment of those present favor
ed the remova1 OF the plant TO the new
location, this being considered a more
desirable site because of the practical
isolation, no residences being in the i'm
mediate vicinity. But the cost OF plac-
ing its mechanical equipment on an OPP
Grating basis, it WAS contended, was
question for the contractor exclusively.
There was no attempt TO hide the
preference to have the contracting
company expend an amount equivalent
to what il would cost to put the crematory
IN condition to run, IN putting up a more
substantial structure at the new location
It Is at present a frame and corrugated
iron affair, not nearly as valuable as the
one destroyed. :
During the discussion il was brought
out that upon the failure of The American
Reduction Company which held the con-
tract at that time, the equipment of the
favored plant reverted to the city. With
the exception of drier, most Of the
including an engine, has been
In fact, according 10 former
employe present at the meeting, the
has been entirely stripped.
Another provision IN the contract now
running is that the city shall have the (
OF purchasing rae equipment of
the Wilmington Sanitary Company II
the end OF the agreement st figure /
decided upon by five appraisers The /
Dns drier IN the old plant now belongs TO Z
the city and should the board act upon
Mr.. Ellison s suggestion and recommend
hat Council buy another To increase the +
;apacIty TO meet summertime demands,
{ Is feared that the provisions OF the pres
int agreement on the machinery subject /
Fcu Id be nullifed.
City Solicitor Huxley admitted that
ne proposition was one IN which the
'ity should go slowly in order to protect
IS interests He advocated an smlcable
arrangement if possible, as the best way
sut of the difficulty, and felt certain that
the company could be induced 10 comply
With the city's desires, it would be for the
,etterment of the public In general
he explained that there was no danger
{ the city violating it's contract with
Contractor Healy, garbage collector, by
hanging the place OF hauling. To pro-
ect the city the board insisted that Mr..
Iealy cart the offal TO the destroyed plant
esterday, and after it was refused there
: was dumped on the plot surrounding
be proposed new location
Mr.. Healy expressed himself at Mon
avs meeting as being ready to coop
rate to improve the annoying pre,iica-
rent, but asks that citizens assist bv
urnng IS much Of their garbage rs
ossible. For the present the garbage |
all be taken 10 the Marsh road rlant
nd dumped along the lot. There IS
o danger TO the public health, particular
? al this time, and IT Is believed that If
ne contractor and city can get toget her (
nat the work of disposal VIII he able 10
G resumed within a week