People v. Gordon

• Decision Date: 06 June 1890
• Citation: 81 Mich. 306,45 N.W. 658
• Court: Michigan Supreme Court
• Parties: PEOPLE v. GORDON.

45 N.W. 658

81 Mich. 306

PEOPLE v. GORDON.

Supreme Court of Michigan

June 6, 1890

Certiorari to recorder's court of Detroit; F. H CHAMBERS, Judge.

Edwin F. Conely, for appellant.

Charles W. Casgrain, City Atty., and Charles S. McDonald, Asst. City Atty., for the People.

MORSE J.

The defendant was convicted, under an ordinance of the city of Detroit, for "unlawfully and willfully engaging in collecting and removing, in an open wagon, of garbage within the city of Detroit, * * * not being authorized so to do by permit from the health officer of the city." It is contended in his behalf that this conviction is illegal and unwarranted, because the ordinance is unreasonable, partial, and unequal in its operation, and was adopted for the purpose of creating, and does create, a monopoly. The ordinance is as follows: "Section 1. It is hereby made the duty of the occupant or occupants of every dwelling-house or other building in the city of Detroit to provide a suitable and water-tight box or other vessel, of a convenient size to be handled by the garbage collector, in which said occupant or occupants shall cause to be placed or deposited all offal, garbage, and refuse, animal and vegetable matter, of the premises. Such occupants shall keep such box or other vessel at a place on the premises most accessible to the person collecting the garbage and offal and it shall be unlawful to put any but refuse animal and vegetable matter in the vessel used for garbage and offal. Sec. 2. All garbage and offal shall be collected in water-tight, closed carts; and each cart shall be purified as often as the health officer may direct, and shall have painted thereon the word 'Garbage.' Sec. 3. No person shall engage or assist in collecting, removing, or disposing of garbage or offal within the city of Detroit except as provided in this ordinance, and also so authorized by a permit from the health officer of the city and it shall be unlawful for any person to interfere in any manner with the collection or disposal of garbage and offal by the person or persons authorized to do so. Sec. 4. It shall be the duty of any person contracting with the city for the collection or disposal of garbage to comply with the ordinances of the city, and also with such order and regulations as may be made by the board of health. Such contractor shall remove and dispose of all dead animals found within the city limits. Sec. 5. No person except the city contractor or his agents shall carry, convey, or transport any garbage through the streets, alleys, or public places of the city, except upon permission of the board of health; and that the common council have power, from time to time, to designate the hours during which the collection of garbage may be conducted." Section 6 subjects offenders to punishment by fine not exceeding $25, or by imprisonment in Detroit House of Correction not to exceed 10 days. The charter of the city of Detroit, as amended by the Local Acts of 1889, empowers the common council to enact and provide, by...