Born near Chico, California, Waste was educated at Los Angeles High School, graduating in 1887.

[5][6] In April 1905, Governor George Pardee appointed Waste as judge of the Alameda County Superior Court, where he remained until December 1918.

[7][8] On December 19, 1918, Governor William Stephens appointed Waste the presiding justice of the First District Court of Appeal, Division One.

The story concerned David Lamson, who was convicted, sentenced to the death penalty, and had filed an appeal.

The newspaper ran a story that the court granted a new trial, based on anonymous sources.