Chief Justice William
Harrison Waste , Part 3
"Waste moved to Berkeley originally
to attend the University of California and he continued to make
his home there for the rest of his life. Through the years he
lived in a number of different homes in different parts of the
city. His last home was 1172 Spruce Street. The original family
home, built in 1887 at 2222 Durant Avenue, was still standing
as late as 1965 and may be there even now.
Through the years, Waste was a regular
commuter between Berkeley and San Francisco. It was a common
sight to see him on either the red electric cars of the Southern
Pacific or the yellow ones of the Key Route, both lines connecting
at the Bay's edge in Oakland with ferry boats which carried the
passenger across the Bay, until the trains started using the
new Bay Bridge in 1938. He generally sat alone or by someone
he apparently did not know. As a rule he did no work on the train
or ferry, although his large, brown, leather briefcase was always
along. He often read the morning paper going to San Francisco.
When not so doing, he sat with his head high as if reflecting
or taking in the view through the car window. On the ferries
he often, if not always, rode in the lower deck, the smoker,
although he never smoked. Here too he was generally by himself.
The genteel passengers often chose the upper cabins, sun-decks,
or restaurant for privacy, disdaining the steerage-like lower
deck with its plainly-clad workmen, baggage wagons, card games,
etc.
Waste frequently carried work home
in a brief-case. His left shoulder was slightly lower than his
right, as a result of a street car collision in 1894 (see below)
There was an illusion as he carried his briefcase with his left
hand that it was heavier than it in fact was. He once remarked
that only by doing his "home-work" regularly could
he keep the court calendar reasonably clear. A colleague remarked
that Waste wrote more than his share of death~sentence reviews
in order to spare his associates from the unpleasant judicial
duty of affirming such decisions. |
Waste was an average sized man-five
feet, nine or ten inches tall, weighing some one hundred and
sixty pounds or so. His hair was dark brown and eyes blue. While
on the lean side, rather than fleshy, he filled out in his physical
proportions through middle life. During his last years he became
noticeably thin, and as his hair, and particularly his closely
cropped mustache whitened, he took on a frail appearance. Waste's
lips had a way of setting, when he was relaxed, that suggested
reserve and diffidence to the point of disdain. This was paradoxical
as these traits seemed wholly absent when he was in action, whether
speaking, presiding, or mixing in social intercourse. One would
suspect he was quite unconscious of the impression people might
gather from the unconscious pinching of his lips.
On one occasion in 1934, Waste was
driving his automobile on Spruce Street in Berkeley when he failed
to notice a grammar school traffic patrol sign and drove through
without stopping. One of the patrol boys noted the "4W4"
license number, recognized the driver, and reported to the school
principal that the violator was the Chief Justice of California.
The principal contacted Waste, at whose request the entire school
traffic patrol was assembled. Waste then made an apology, spoke
to them briefly on the sanctity of law (including "minor"
traffic violations), commended them on their vigilance, and observed
that no man, not even the Chief Justice, was above the law.
On Constitution Day (September 17),
1937, Waste celebrated the fiftieth anniversary of his arrival
in Berkeley by putting in a full day of work in Court in San
Francisco. |
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William Harrison Waste
(click on the image for a
larger version) |
While there was about Waste's personality
an air of friendliness and kindliness, there was also a suggestion
of the aristocratic. One suspected that he was selective to the
point of aversion in entertaining many of the thoughts which
occupy the minds of the rank and file of mankind. One could properly
classify him with the cultured and refined
Waste had a general interest in higher
education and did much to promote and advance the cause of educational
institutions. He was a member of the board of trustees of both
the College of Pacific and the Pacific School of Religion. The
University of Southern California awarded him an honorary doctor's
degree. He was the first recipient in 1929 of Berkeley's biennial
Benjamin Ide Wheeler Award, granted to him for "unpaid conscientious
service in civic affairs." As a young assemblyman in 1904,
he had sponsored a bill to provide the first permanent building
for the University of California, California Hall. Concerts on
the University of California Campanile chimes in 1943 were in
his memory.
Waste's pride in the University of
California and appreciation of what it had done for him was marked.
One evidence thereof was his collection of pictures representing
student and university life back to the founding of the University
in 1869. These he had made into slides which he showed on a screen.
Accompanying their showing was his narration, replete with a
great deal of university and community history. This proved interesting
to the community generally, and for a number of years he showed
them frequently. Announcements that he was showing these pictures
always drew a crowd and many were so interested that they saw
them several times. While people enjoyed seeing the pictures
and the story they told, they also enjoyed watching Waste, a
man then universally accepted as one at the very top of his profession.
This fact, coupled with his engaging personality, congenial disposition,
and facility of expression, made these highly pleasant occasions.
Among his pictures was one of the first freshman class at the
opening of the University in 1869. They graduated in 1873 and
were the first class to take the full four year course at the
University. In his address to these graduates President Daniel
C. Gilman said in part: "You are twelve in number: be jurors,
sworn to declare the truth as you find it; be apostles, bearing
everywhere the Master's lessons." This group became known
in the history of the University as the "Twelve Apostles".
Among them was James H. Budd, later Governor of California. If
one remembered nothing else, one was sure to remember this picture
and Waste's comments on it." |
I've recently received significant
new information about W. H. Waste's accident. This was sent to
me by Joe Thompson and is titled: Cable
Car Struck by Steam Train, from the
San Francisco Morning Call / December 5, 1894. Thank you, Joe! |
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