The garbage wars of old Detroit: The road to municipal ownership
It was paved with dead horses and disgusted housewives
Hello! I’ve shockingly heard from a number of you that you have been excited?? for the next installment of the garbage saga. Well, happy holidays, here it is! Haven’t been following but think you might be ready to get excited about the garbage? Here are parts one and two.
BUCKLE UP! — aeb
This is now the header for this entire series so when you see it you can say: Ah yes. Time for THE GARBAGE. Clip here.
We return to the garbage (again, the garbage) in the pivotal year (in garbage) of 1901. It’s been six years and one mayor since our last installment.
If you’ve forgotten what was happening with the garbage, or didn’t read the previous installments, a refresher: We began in 1890 with the grand opening of the Detroit Sanitary Works, a trash “reduction” company contracted by the city of Detroit to dispose of residential organic waste. The noxious garbage factory infuriated nearby residents, who organized to halt its operations. But the city still needed to do something about the garbage. Where would it go? Canada? (They tried it.)
But despite being investigated by Canadian detectives and attacked by local farmers, the Detroit Sanitary Works did eventually open a new facility at French Landing, in Van Buren Township, and as the 20th Century dawned, complaints about the garbage shifted from its disposal to how it was — or wasn’t — being collected.
Let’s pick up the Sept. 16, 1900 edition of the Detroit Free Press to catch the vibe, courtesy of a letter to the editor in response to a story about the sharp new Grand Rapids garbage collection system:
“ ... Such a process would never appeal to official Detroit, or to the garbage contractors. They are well aware of the fact that garbage wagons in the streets are looked upon as public institutions. They know that the citizen has become accustomed to having his backyard smell like a slaughterhouse by reason of the odors from the festering garbage cans, and that a change would produce nostalgia. They understand, too, that nothing delights the average cyclist more than to wheel his way down the street on a glorious summer morning, behind a garbage wagon that scatters its sweetness over the whispering air, and prevents the smell of flowers from becoming offensive. They appreciate the fact, too, that many a house wife would feel that life had lost all its compensations if the collector of garbage did not leave his wagon standing in front of the house, from time to time, while he conducted a diplomatic controversy with the servant girl in respect to the bad condition of the alley for speeding purposes.
To the people of Grand Rapids, their system of collecting garbage may seem preferable to the one we have here, but that is because they have not had a chance to become familiar with ours. The Detroit method has many advantages, not the least of which is that it accustoms the native to such a variety of stenches that nothing in the way of smells can possibly annoy him.”
Hazen Pingree, the People’s Mayor and an all-time advocate for municipal ownership of everything, had wanted the city to explore taking the garbage into its own hands. But after a brief and failed effort to serve as mayor of Detroit and governor of Michigan simultaneously, Pingree gave up his mayorship, leaving the seat to William Cotter Maybury, who took over Pingree’s term in 1897.
You know Mayor Maybury as the guy with the other monument in Grand Circus Park, gazing jealously across the boulevard at Pingree, one of the most popular people in Detroit history and a tough act to follow.
Our two mayoral monuments on Grand Circus Park. Vintage postcards both from the Burton Historical Collection, Detroit Public Library.
But on the garbage problem, Maybury made some important moves. The first was:
The 1901 trash collection ordinance.
Something you should know about the Sanitary Works and the city’s trash management efforts more broadly is that hoteliers and restaurateurs hated them. For decades before the city did anything about the garbage, hoteliers made money from farmers who bought their food waste to use as fertilizer, feed and compost. It wasn’t fair, hotel owners complained, to have to give up their garbage for free to some other business that planned to profit from it. (They also complained, like everyone else did, that the Sanitary Works was really bad at picking up the trash.) Many refused to allow the Sanitary Works to collect their trash at all. And that really bothered the Sanitary Works, whose representatives argued that their business model wouldn’t work if they couldn’t have all of the city’s trash.
A view of the Hotel Normandie on East Congress Street, one of the many hotels in the city that refused to give up its garbage to the Sanitary Works. At one point its proprietor, Charles Roe, petitioned the health director for a special exemption from the city’s garbage ordinance to be allowed to dispose of his own trash. He was denied. Burton Historical Collection, Detroit Public Library.
So in 1901, to placate the Sanitary Works and (ostensibly) to protect public health, the city amended its garbage ordinance, making it a crime for anyone but the city’s contractor to collect anyone’s garbage.1
In the eyes of the hoteliers, this gave the Sanitary Works an illegal monopoly, and they repeatedly challenged it. In 1901, a trash freelancer named James Gardner, who had been arrested multiple times for collecting trash from hotels, brought a case alleging that the ordinance violated the 14th Amendment of the U.S. Constitution.2 Garbage, Gardner’s lawyers argued, was private property, and citizens should not be compelled by the government to give it up without cause or remuneration.
A Detroit judge upheld the ordinance, writing that “even though the garbage may have some commercial value, ... the courts will not, at the expense of public health, recognize that this refuse matter, in its legal aspect, is property.” Gardner appealed his case to the Michigan Supreme Court, arguing all the way up that lawmakers were less interested in protecting public health than upholding the monopoly of the Sanitary Works. But the court confirmed the legality of the ordinance in 1905, and James Gardner’s independent trash collecting days were over.
The next important garbage development in the Maybury years was:
The 1901 Sanitary Works contract amendment.
In his 1900 State of the City address, Maybury made a bold swing: It was time, he said, to build a municipal garbage plant. Days later, he instructed the common council to “appoint a special committee to consider the recommendation.” Classic next step on an intractable municipal problem!
William Cotter Maybury, photographed in his younger days, when he was a U.S. Representative from Michigan. Via the Library of Congress.
Maybury was no Pingree-style progressive populist, but he was as frustrated as anyone else with the constant complaints to the health department about the garbage. Here is a typical attempt by the city to address concerns with the Sanitary Works: “Health Officer Kiefer yesterday had a conference with M.H. Chamberlain, president of the Detroit Sanitary Works, relative to complaints of householders that garbage has not been collected promptly. ... Mr. Chamberlain promised better things for the future.”3
Maybury was also a deficit hawk. Two years earlier, he had refused to approve any contract with the Sanitary Works that would put the city in the red. Some aldermen on the council had also begun to question why the city should be paying the Sanitary Works to make a profit on the city’s trash. It seemed possible that over time, a municipally owned garbage works might save the city a little money, and a lot of community angst.
In the spring of 1901, the city extended its 10-year contract with the Sanitary Works — but with an amendment, included at Maybury’s insistence: After five years, the city would have the option to end the contract early, with a buy-out.
Was this a huge leap for municipal waste management in Detroit? It was not, but it did open the door to eventual change. And did it prompt the Sanitary Works to get their shit together vis a vis a more prompt, efficient and cleanly waste collection system for Detroiters? To this question I reply … LOL. LMAO.
So how were things going with the Sanitary Works?
How things were going with The Sanitary Works.
This whole time, the Detroit Sanitary Works continued to operate its facility on 24th Street — the one that made everyone angry way back in 1890. It no longer “reduced” garbage at this factory, but used it as a collection station, hauling allllllll of the city’s garbage there via “wagons that are little better than big sieves,” then shipping it out by rail to French Landing. (How were things going at French Landing? I’m glad you asked: Since we last checked in, the Sanitary Works factory was badly damaged in TWO consecutive dust fires. Chamberlain, the company’s president, was seriously injured in the second fire.)
This bear has nothing to do with our story except that he’s stealing from a garbage wagon and I love him. Source.
“The city ordinance provides that the wagons used by the sanitary company shall be of metal and fitted with airtight covers, but at the present time very little attention seems to be paid to this provision,” The Detroit Free Press reported in 1904, after residents on the west side raised another ruckus about the Sanitary Works making their neighborhood miserable.
Meanwhile, the volume of resident complaints to the health department about the Sanitary Works — complaints about nauseating alleyways, revolting garbage wagons, and non-collection of, for example, dead horses from livery stables and offal from slaughterhouses — continued to rise.
In the summer of 1904, serious talk began in City Hall about exercising the option to buy out the Sanitary Works contract and finally build that long-dreamed-of municipal garbage plant. For two years, city officials diligently took all of the necessary bureaucratic and political steps to make this happen, seeking and receiving Gov. Fred Warner’s endorsement4 and passing a local enabling act for a $100,000 bond issuance to build the plant. Meanwhile, term-limited Mayor Maybury left office and handsome former college baseball captain George P. Codd succeeded him.
On June 30, 1905, the city finally, FINALLY, gave one-year notice to the Sanitary Works that its contract would be terminated. And toward the end of that year, Detroit, at long last, began accepting bids for the construction of a new municipal garbage plant. This plant would have to go into operation in 1906, because the contract with the Sanitary Works would end, and the trash would have to go somewhere.
The winning bidder. (I hate this.)
You know who submits a bid to the city’s RFP? The Sanitary Works, offering to sell the city the old reduction factory at French Landing for $100,000. Why build new when you can just have old/twice destroyed by dust fires???
But another intriguing proposal is submitted by a company organized just two days before bidding opened. Led by Misters Robert K. Davis and Alex McElroy, they called themselves the Detroit Reduction Company, and they brought forward a new plan to … reduce the garbage into saleable byproducts such as grease and fertilizer, i.e., exactly what the Sanitary Works already did. Still, the Reduction Company made an offer that the common council found hard to resist: If the city would collect the garbage, the Reduction Company would dispose of it — for free. They also proposed, for a small poundage fee, to accept some of the waste that the Sanitary Works never collected, including ashes, tin, and wood scrap.
The Reduction Company said it would build a brand-new waste management facility somewhere in Ecorse Township.5 (Later in our saga, Robert K. Davis will vow to build this plant “if it’s the last thing I do.”) Until then, they offered a temporary solution: They would take the trash to the old Sanitary Works facility, at French Landing. Which they would lease. From the Sanitary Works.
Despite some raised eyebrows (a Free Press headline asked if the city was being “gold-bricked!”), and confusion over whether any of this was even legal, the Reduction Company bid was accepted by the Common Council and Mayor Codd.
Who even knows. Clip here.
Yes, after 16 years of sturm und drang, Detroiters came around to municipal ownership and then continued around the horseshoe and ended up at the same very privately owned garbage plant where all of their problems started. However! Before you throw yourself out the window, remember that they did bring one aspect of the garbage problem under municipal control: The city, now, would be responsible for collecting the garbage. We hope for better things, etc.6
There was just one remaining roadblock.
City Controller F.A. Blades.7
Blades refused to sign the city’s contract with the Reduction Company. The common council, Blades said, had no authority to agree to this deal with the Reduction Co., had not gone through proper channels for approval of the plan, and had made no accounting whatsoever as to where the funds for collecting the garbage would come from.
“This matter has been gone into without the slightest information or the slightest consideration of the subject ... The result is that the city is committed to an extensive expenditure without any definitely fixed idea of where it is going to end,” Blades said.
The Reduction Company tried to compel Blades to sign the contract by applying for a writ of mandamus, which was denied by a Wayne County judge. They appealed to the Michigan Supreme Court, which overturned the lower court’s ruling, deciding that Blades did indeed have a duty to sign the contract.
“GARBAGE DISPUTE ENDS,” the Detroit News reported8 on April 23, 1906. “The Detroit Reduction Co. has asked the controller to sign its contract with the city, as ordered by the supreme court, after prolonged litigation. The controller will submit to the inevitable.”
AND SUBMIT TO THE INEVITABLE HE DID: The next day, Controller Blades DIED, at the age of 85. RIP TO A REAL ONE!!!
Stay tuned for next time, when we see how it’s going with municipal trash collection, meet more celebrity trash activists including a one-time Detroit Tiger, and find out whether Robert K. Davis of the Detroit Reduction Company indeed built a new plant at River Rouge if it’s the last thing he did.
The ordinance read: “No other person or party except the city contractor or its agents shall carry, convey or transport through the streets, alleys or public places of the city of Detroit such materials, and it shall be unlawful for any person to interfere in any manner with the collection and disposal of such materials by the city contractors.”
You know the one, it goes: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” This is the Reconstruction-era amendment upon which mountains of case law have been made — Brown v. Board, Loving v. Virginia, Roe v. Wade, Obergefell v. Hodges, etc.
I’m no legal scholar but I did nose around a little for other case law about the garbage, and the most notable one I could find seems to be California v. Greenwood, which ruled in 1988 that your trash cannot be searched without a warrant if it’s on your private property, but that once you haul it to the curb it’s fair game.
Detroit Free Press, Sept. 1, 1901. Clip here.
This was before the Home Rule City Act of 1909, which allowed cities to do things like issue bonds and revise their own charters without state-level approval — in fact, the garbage saga was used as an argument in favor of home rule in Detroit and other cities. The municipal garbage plant in Detroit was widely supported in Lansing, except for one detractor, a representative from OF COURSE Northville who opposed the measure on the basis that Detroit could build its garbage plant anywhere, such as possibly NORTHVILLE.
Also, shoutout to notable fellow Farmingtonian Fred Warner.
In another priceless garbage saga cameo (and let me assure you there are more to come!!), this plan’s staunchest opponent will be Julian G. Dickinson, a lawyer best known for being the guy who ARRESTED JEFFERSON DAVIS in 1865.
“There will be inaugurated an era of activity in which irate housewives will pour tales of non-collection into the fearsome ears of aldermen instead of into the calloused aural appendage of a health board clerk.” Detroit Free Press, June 18, 1905
you may remember Controller Blades from our story about Daylight Saving Time! He was the guy who turned the City Hall clock to Central Standard Time in 1905.
spoiler: it never ends.




























