by John Marshall Harlan

“ The householder may be compelled to submit even to an inspection of his premises, at his own expense, and forbidden to keep them, or allow them to be kept, in such condition as to create disease. He may, therefore, have been required, at his own expense, to make, from time to time, such disposition of obnoxious substances originating on premises occupied by him as would be necessary in order to guard the public health. If the householder himself removed them from his premises, it must have been at his own expense ”

“ They might well have thought that the safety of the community could not be assured unless the entire mass of garbage and refuse constituting the nuisance, from which the danger came, was carried to a crematory, where it could be promptly destroyed by fire, and thus minimize the danger to the public health. ”

“ By the California Constitution of 1849 it was provided that 'the legislature shall have power to provide for the election of a board of supervisors in each county, and these supervisors shall jointly and individually perform such duties as may be prescribed by law.' [Art. 10, § 5.] Subsequently, by an act approved April 25th, 1863, it was provided that 'the board of supervisors of the city and county of San Francisco shall have power, by regulation or order, . ”

“ With the knowledge of the householder the scavenger receives the garbage and refuse matter; that which, if separated, might have value, being mingled with that which is, in itself, noxious and worthless. The entire mass goes into the same covered wagon, and the authorities are not bound, before its destruction at the crematory, to cause the good to be separated, from the bad, but could require, as the ordinances in question did, that the substances be promptly conveyed to the designated crematory and destroyed by fire. ”

“ In the above constitutional and statutory provisions is found full authority for the board to make and enforce, within the city and county of San Francisco, all such reasonable sanitary and other regulations as are not in conflict whth any general statute or with the Constitution, and which have for their object the preservation of the public health, by whatever cause endangered. ”

“ In some cities garbage receptacles, properly covered, are provided, sometimes by the householder, sometimes by the municipal authorities or the garbage collector. But even such devices often prove to be worthless for want of proper attention to them by householders. ”

“ The individual defendants, in their answer, claim to be householders in San Francisco. But it seems that only about six of them are householders. The presence, however, of that number as defendants makes it appropriate to consider the objection just stated upon its merits. ”