Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1922-07-21
.GARBAGELAW
DUEF0 TEST
Infringes Their Rights, City
Hotel, Restaurant Owners
Say
WANT RIGHT TO
SEND 1T AWAY

Notices sent by the Board oi
Health to all hotels and restaurant,
in the city that the law requiring
the wrapping OF garbage applies to
hotels. restaurants and boarding
houses as well as to private homes,
and that on and after August 1 all
must comply with the law. has stir
red up a veritable hornets nest, and
numerous protests are being re-
ceived by DR.. R. S. Mckinney, sec
reiary of the Board Of Health.
Il am carrying out the instruc-
lions Of the Board OF Health" said
DR. Mckinney this morning. land so
far as know the board has no plans
for exempting anyone from the pro-
visions of the law, nor has any spe-
cial meeting been called to consider
the matter.
THE Board of Health has decided
on a special meeting next week for
the consideration OF other matters,
but whether they will again discuss
the garbage situation l cannot say"
DR.. Mckinney admitted that he
had received numerous complaints,
but declined to discuss the subject
as the decision as given by the City
Solicitor declaring the Board has no
right TO amend law passed by City
Council, or to exempt the hotels and
restaurants from wrapping garbage.
The matter is now up to the hotel
and restaurant keepers and unless
some method is devised whereby
they may be relieved Of the wrap
ping of garbage II was said this
they purpose TO disregard
the orders OF the Board and will
make a test case of the ordinance.
According TO reports received by
the Board OF Health the Hotel du-
Pont averages fifteen barrels of gar
bage daily. The Iambros restau-
rant comes next with 10 barrels a
day and there are several others
nearly equalling the latter amount.
The hotel and restaurant men are
not asking the city TO haul their gar
bage. As a matter of fact they are
anxious to relieve the city of this
burden. A farmer is ready and
anxious to haul all the garbage from
he hotel dupont daily in closed cans |
aking II to a point outside the city
limits but the law prevents the hotel
accepting the offer.
Some years ago when a profit was
derived from the rendering of gar
,age and the sale of the fats, the |
present law forbidding the hauling
II garbage from the city by anyone
except the regular contractor, was
Enacted. At that time the city gain
ID by the enforcement OF the law.
There Is no objection to the wrap
,ed garbage ordinance, as 1t is gen
rally admitted to be a good thing |
or the city. but there is consider !
lble opposition TO that provision of !
he law which forbids hotels and /
disposing of their own
-arabage without any expense to
he city, and a test case is now as
ured II the attempt is made TO
nforce the wrapping of from ten
D fifteen barrels of garbage a day
Y the hotel or restaurant keeper
5 they feel it is unjust. They fur
iermore say the law will not stand
test in the courts as It infringes
pom the right guaranteed them by
9th Federal and State laws, and
lat they are willing to go into
ourt II necessary.
Various expedients have been
lggested 10 the Board of Health. )
ne is that hotels and restaurants
e permitted to send their garbage ,
, the incinerating plant before 8
clock each morning. in covered
ans. which can be easily dumped
nd cleaned. but the Board, evil
emily willing to comply with the
is powerless TO accept
he offer, as the law forbids IL.
Another matter that came to the
ttention of the board this morning
vas an offer of the Brosius and
medley Company to furnish the in
plant sawdust and shaw
ngs free of cost TO be mixed with
oal. thus saving fuel. While no ac-
ion has been taken in the matter, it
5 thought some arrangement will
be made for taking over
he surplus sawdust and shavings
rom a number of industrial plants
n the city. this doing away entirely
With the use of coal for burning
1t has been suggested that some
might be made for
hiking the garbage from hotels and
with this sawdust. thus
laking it as combustible as wrapped
arbage, but until there is some
lange in the law there seemingly is
0 way out of IL except TO wrap the
arbage or make a test case of It in
lie courts.
City Council has the power TO re-
I'VE the situation, but so far City
ouncil has taken no steps toward
nending the law.